    [JPRT, 111th Congress]
    [From the U.S. Government Publishing Office]

                          COMMITTEE ON FOREIGN AFFAIRS
                         COMMITTEE ON FOREIGN RELATIONS

    =======================================================================

            Legislation on
            Foreign Relations
            Through 2005

                   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                             JOINT COMMITTEE PRINT

                                   JUNE 2009

                                   VOLUME IV

                            CURRENT LEGISLATION AND
                            RELATED EXECUTIVE ORDERS

                         U.S. House of Representatives

                                  U.S. Senate

            Legislation on Foreign Relations Through 2005--Volume IV

                          COMMITTEE ON FOREIGN AFFAIRS
                         COMMITTEE ON FOREIGN RELATIONS

    =======================================================================

            Legislation on
            Foreign Relations
            Through 2005

                   [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                   JUNE 2009

                                   VOLUME IV

                            CURRENT LEGISLATION AND
                            RELATED EXECUTIVE ORDERS

                         U.S. House of Representatives

                                  U.S. Senate

     Printed for the use of the Committees on Foreign Affairs and Foreign
     Relations of the House of Representatives and the Senate respectively

                        U.S. Government Printing Office
                               Washington : 2009
    33-619 PS
    _______________________________________________________________________

     For sale by the Superintendent of Documents, U.S. Government Printing
                                     Office
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                          COMMITTEE ON FOREIGN AFFAIRS
                     HOWARD L. BERMAN, California, Chairman

    GARY L. ACKERMAN, New York           ILEANA ROS-LEHTINEN, Florida
    ENI F.H. FALEOMAVAEGA, American      CHRISTOPHER H. SMITH, New Jersey
    Samoa                                DAN BURTON, Indiana
    DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
    BRAD SHERMAN, California             DANA ROHRABACHER, California
    ROBERT WEXLER, Florida               DONALD A. MANZULLO, Illinois
    ELIOT L. ENGEL, New York             EDWARD R. ROYCE, California
    BILL DELAHUNT, Massachusetts         RON PAUL, Texas
    GREGORY W. MEEKS, New York           JEFF FLAKE, Arizona
    DIANE E. WATSON, California          MIKE PENCE, Indiana
    RUSS CARNAHAN, Missouri              JOE WILSON, South Carolina
    ALBIO SIRES, New Jersey              JOHN BOOZMAN, Arkansas
    GERALD E. CONNOLLY, Virginia         J. GRESHAM BARRETT, South Carolina
    MICHAEL E. McMAHON, New York         CONNIE MACK, Florida
    JOHN S. TANNER, Tennessee            JEFF FORTENBERRY, Nebraska
    GENE GREEN, Texas                    MICHAEL T. McCAUL, Texas
    LYNN WOOLSEY, California             TED POE, Texas
    SHEILA JACKSON LEE, Texas            BOB INGLIS, South Carolina
    BARBARA LEE, California              GUS BILIRAKIS, Florida
    SHELLEY BERKLEY, Nevada
    JOSEPH CROWLEY, New York
    MIKE ROSS, Arkansas
    BRAD MILLER, North Carolina
    DAVID SCOTT, Georgia
    JIM COSTA, California
    KEITH ELLISON, Minnesota
    GABRIELLE GIFFORDS, Arizona
    RON KLEIN, Florida

                       Richard J. Kessler, Staff Director

                    Yleem Poblete, Republican Staff Director

                                     ______

                         COMMITTEE ON FOREIGN RELATIONS

                     JOHN F. KERRY, Massachusetts, Chairman

    CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
    RUSSELL D. FEINGOLD, Wisconsin       Republican Leader designee
    BARBARA BOXER, California            BOB CORKER, Tennessee
    ROBERT MENENDEZ, New Jersey          JOHNNY ISAKSON, Georgia
    BENJAMIN L. CARDIN, Maryland         JAMES E. RISCH, Idaho
    ROBERT P. CASEY, Jr., Pennsylvania   JIM DeMINT, South Carolina
    JIM WEBB, Virginia                   JOHN BARRASSO, Wyoming
    JEANNE SHAHEEN, New Hampshire        ROGER F. WICKER, Mississippi
    EDWARD E. KAUFMAN, Delaware
    KIRSTEN E. GILLIBRAND, New York

                          David McKean, Staff Director

                Kenneth A. Myers, Jr., Republican Staff Director

                                     ______

                                      (ii)

                                    FOREWORD

                                  ----------

        This volume of legislation and related material is part of
    a five volume set of laws and related material frequently
    referred to by the Committees on Foreign Affairs of the House
    of Representatives and Foreign Relations of the Senate, amended
    to date and annotated to show pertinent history or cross
    references.
        Volumes I (A and B), II (A and B), III and IV contain
    legislation and related material and are republished with
    amendments and additions on a regular basis. Volume V, which
    contains treaties and related material, will be revised as
    necessary.
        We wish to express our appreciation to Larry Q. Nowels and
    Dianne E. Rennack of the Foreign Affairs, Defense, and Trade
    Division of the Congressional Research Service of the Library
    of Congress and Suzanne Kayne of the U.S. Government Printing
    Office who prepared volume IV of this year's compilation.
                                               Howard L. Berman,
                                Chairman, Committee on Foreign Affairs.
                                               John F. Kerry,
                              Chairman, Committee on Foreign Relations.

                                                         June 15, 2009.

                                     (iii)

                                EXPLANATORY NOTE

                                  ----------

        The body of statutory law set out in this volume was in
    force, as amended, at the end of 2005.
        This volume sets out ``session law'' as originally enacted
    by Congress and published by the Archivist of the United States
    as ``slip law'' and later in the series United States Statutes
    at Large (as subsequently amended, if applicable). Amendments
    are incorporated into the text and distinguished by a footnote.
    Session law is organized in this series by subject matter in a
    manner designed to meet the needs of the Congress.
        Although laws enacted by Congress in the area of foreign
    relations are also codified by the Law Revision Counsel of the
    House of Representatives, typically in title 22 United States
    Code, those codifications are not positive law and are not, in
    most instances, the basis of further amendment by the Congress.
    Cross references to the United States Code are included as
    footnotes for the convenience of the reader.
        All Executive orders and State Department delegations of
    authority are codified and in force as of December 31, 2005.
        Corrections may be sent to Matthew C. Weed at the Library
    of Congress, Congressional Research Service, Washington, D.C.,
    20540-7460, or by e-mail at mweed@crs.loc.gov.

                                      (v)

                                 ABBREVIATIONS

                                  ----------

    Bevans......................................  Treaties and Other
                                                   International Agreements
                                                   of the United States of
                                                   America, 1776-1949,
                                                   compiled under the
                                                   direction of Charles I.
                                                   Bevans.
    CFR.........................................  Code of Federal
                                                   Regulations.
    EAS.........................................  Executive Agreement
                                                   Series.
    F.R.........................................  Federal Register.
    LNTS........................................  League of Nations Treaty
                                                   Series.
    I Malloy, II Malloy.........................  Treaties, Conventions,
                                                   International Acts,
                                                   Protocols, and Agreements
                                                   Between the United States
                                                   of America and Other
                                                   Powers, 1776-1909,
                                                   compiled under the
                                                   direction of the United
                                                   States Senate by William
                                                   M. Malloy.
    R.S.........................................  Revised Statutes.
    Stat........................................  United States Statutes at
                                                   Large.
    TIAS........................................  Treaties and Other
                                                   International Acts
                                                   Series.
    TS..........................................  Treaty Series.
    UNTS........................................  United Nations Treaty
                                                   Series.
    U.S.C.......................................  United States Code.
    UST.........................................  United States Treaties and
                                                   Other International
                                                   Agreements.
                                      (vi)

                                C O N T E N T S

                                  ----------
                                                                       Page

    FOREWORD.........................................................   iii

    EXPLANATORY NOTE.................................................     v

    ABBREVIATIONS....................................................   vii

    K. LAW OF THE SEA AND SELECTED MARITIME LEGISLATION..............     1

     1. Law of the Sea...............................................     5
     2. Marine Pollution.............................................   126
     3. Tuna Conventions.............................................   160
     4. Fisheries Act of 1995........................................   209
     5. Dolphins.....................................................   236
     6. North Pacific Anadromous Stocks Act of 1992 (Public Law 102-
        567) (partial text)..........................................   257
     7. Driftnet Fishing.............................................   266
     8. Nonindigenous Aquatic Nuisance Prevention and Control Act of
        1990 (Public Law 101-646) (partial text).....................   280
     9. Negotiation of International Agreements for the Conservation
        of Sea Turtles (Public Law 101-162) (partial text)...........   282
    10. Whales.......................................................   284
    11. RMS Titanic Maritime Memorial Act of 1986 (Public Law 99-513)   292
    12. Salmon.......................................................   295
    13. Northern Boundary and Transboundary Rivers Restoration and
        Enhancement Fund and Southern Boundary Restoration and
        Enhancement Fund (Public Law 106-113) (partial text).........   310
    14. Antarctic Marine Living Resources Convention Act of 1984
        (Title III of Public Law 98-623).............................   314
    15. American Fisheries Promotion Act (Public Law 95-561).........   325
    16. Endangered Species Act of 1973, as amended (Public Law 93-
        205) (partial text)..........................................   327
    17. Marine Mammal Protection Act of 1972, as amended (Public Law
        92-522) (partial text).......................................   347
    18. Fishermen's Protective Act of 1967, as amended (Public Law
        83-680)......................................................   374

    L. ENERGY, NATURAL RESOURCES, AND ENVIRONMENT....................   390

     1. Energy Policy Act of 2005 (Public Law 109-58) (partial text).   393
     2. Energy Policy Act of 1992 (Public Law 102-486) (partial text)   401
     3. Energy Emergency Preparedness Act of 1982 (Public Law 97-229)   435
     4. Energy Policy and Conservation Act (Public Law 94-163)
        (partial text)...............................................   438
     5. Alaska National Interests Lands Conservation Act (Public Law
        96-487) (partial text).......................................   465
     6. Negotiations With Canada Concerning the Alaska Pipeline
        (Public Law 93-153) (partial text)...........................   467
     7. Environment and Natural Resources............................   469

    M. AVIATION, SPACE, AND INTERNATIONAL SCIENTIFIC COOPERATION.....   684

     1. Aviation Security............................................   685
     2. International Cooperation in Scientific Research.............   757
     3. Arctic Research..............................................   806

    N. OTHER LEGISLATION.............................................   822

     1. Provisions of Law Relating to Travel Outside the United
        States.......................................................   825
     2. Legislation Authorizing U.S. Participation in Parliamentary
        Conferences..................................................   831
     3. International Claims Settlement Acts.........................   848
     4. Compacts of Free Association Act and Related Legislation.....   926
     5. Registration of Foreign Agents...............................  1161
     6. Neutrality Act and Related Material..........................  1180
     7. National Security Act of 1947 (Public Law 80-253) (partial
        text)........................................................  1190
     8. Intelligence Authorization Provisions........................  1210
     9. Reporting Requirements.......................................  1218
    10. Logan Act--Private Correspondence With Foreign Governments
        (Public Law 80-772)..........................................  1226
    11. Resolution Establishing a Select Committee on Intelligence
        (S. Res. 400) (partial text).................................  1227
    12. Permanent Select Committee on Intelligence (House Rule
        XLVIII) (partial text).......................................  1229
    13. David L. Boren National Security Education Act of 1991
        (Public Law 102-183) (partial text)..........................  1236
    14. Inspector General Act of 1978, as amended (Public Law 95-452)  1251
    15. Assignment of National Security and Emergency Preparedness
        Telecommunications Functions (Executive Order 12472)......... 11264
    16. National Security Emergency Preparedness Responsibilities
        (Executive Order 12656) (partial text).......................  1274
    17. U.S. Government Opposition to the Practice of Torture (Public
        Law 98-447)..................................................  1286
    18. Commission on the Ukraine Famine Act (Public Law 99-180)
        (partial text)...............................................  1288
    19. Nazi War Crimes and Holocaust Assets.........................  1292
    20. Japanese Imperial Government Disclosure Act of 2000 (Public
        Law 106-567) (partial text)..................................  1309
    21. To Locate and Secure the Return of Zachary Baumel (Public Law
        106-89)......................................................  1313
    22. Taiwan's Participation in the World Health Organization......  1315
    23. Czech Republic Memorial Honoring Tomas G. Masaryk (Public Law
        107-61)......................................................  1321
    24. Investigation of Those Missing From Cyprus Since 1974 (Public
        Law 103-372).................................................  1322
    25. Proclamations................................................  1323

    APPENDICES.......................................................  1329

    INDEX............................................................  1375
    =======================================================================

              K. LAW OF THE SEA AND SELECTED MARITIME LEGISLATION

                                    CONTENTS

                                                                       Page

     1. Law of the Sea...............................................     5
          a. Magnuson-Stevens Fishery Conservation and Management
              Act, as amended (Public Law 94-265) (partial text).....     5
          b. Marine Turtle Conservation Act of 2004 (Public Law 108-
              266)...................................................    47
          c. Shark Finning Prohibition Act (Public Law 106-557)......    53
          d. Yukon River Salmon Act (Public Law 106-450) (partial
              text)..................................................    56
          e. Sustainable Fisheries Act (Public Law 104-297) (partial
              text)..................................................    61
          f. Fishery Conservation Amendments of 1990 (Public Law 101-
              627) (partial text)....................................    63
          g. Fishery Conservation Zone Transition Act, as amended
              (Public Law 95-6) (partial text).......................    66
          h. Deep Seabed Hard Mineral Resources Act (Public Law 96-
              283)...................................................    72
          i. Establishment of Exclusive Economic Zone of the United
              States (Proclamation 5030).............................   108
          j. Establishment of Territorial Sea of the United States
              (Proclamation 5928)....................................   110
          k. Establishment of Contiguous Zone of the United States
              (Proclamation 7219)....................................   111
          l. Governing International Fishery Agreements..............   113
                (1) Governing International Fisheries Agreement with
                    Poland (Public Law 105-384) (partial text).......   113
                (2) Governing International Fisheries Agreement with
                    Russian Federation (Public Law 103-206) (partial
                    text)............................................   114
                (3) Governing International Fishery Agreement with
                    Estonia (Public Law 102-587) (partial text)......   116
                (4) Governing International Fishery Agreement with
                    Japan (Public Law 101-224) (partial text)........   117
                (5) Governing International Fishery Agreement with
                    the Soviet Union (Public Law 100-629) (partial
                    text)............................................   118
                (6) Governing International Fishery Agreement with
                    the German Democratic Republic (Public Law 100-
                    350).............................................   120
                (7) Governing International Fishery Agreement With
                    Japan Concerning Fisheries Off the Coasts of the
                    United States (Public Law 100-220) (partial text)   121
                (8) Governing International Fishery Agreement With
                    South Korea (Public Law 100-66) (partial text)...   122
                (9) Governing International Fishery Agreement with
                    Iceland and the European Economic Community
                    (Title I of Public Law 98-623)...................   123
                (10) Governing International Fishery Agreements with
                    Japan and Spain (Title IV of Public Law 97-389)..   124
                (11) Governing International Fishery Agreement With
                    Portugal (Public Law 96-561) (partial text)......   125
     2. Marine Pollution.............................................   126
          a. Oil Pollution Act of 1990 (Public Law 101-380) (partial
              text)..................................................   126
          b. Act to Prevent Pollution from Ships (Public Law 96-478).   128
          c. Deepwater Port Act of 1974 (Public Law 93-627) (partial
              text)..................................................   144
          d. Intervention on the High Seas Act (Public Law 93-248)...   152
          e. Coral Reef Protection (Executive Order 13089)...........   157
     3. Tuna Conventions.............................................   160
          a. Tuna Conventions Act of 1950, as amended (Public Law 81-
              764)...................................................   160
          b. Pacific Albacore Tuna Treaty (Public Law 108-219).......   170
          c. South Pacific Tuna Act of 1988 (Public Law 100-330).....   172
          d. Eastern Pacific Ocean Tuna Licensing Act of 1984 (Public
              Law 98-445)............................................   185
          e. Atlantic Tunas Convention Act of 1975, Appropriation
              Authorization (Public Law 96-339) (partial text).......   190
          f. Atlantic Tunas Convention Act of 1975, as amended
              (Public Law 94-70).....................................   194
     4. Fisheries Act of 1995 (Public Law 104-43) (partial text).....   209
     5. Dolphins.....................................................   236
          a. International Dolphin Conservation Program (Public Law
              92-522) (partial text).................................   236
          b. International Dolphin Conservation Program Act (Public
              Law 105-42) (partial text).............................   248
          c. International Dolphin Conservation Act of 1992 (Public
              Law 102-523)...........................................   250
          d. Dolphin Proection Consumer Information Act (Public Law
              101-627) (partial text)................................   251
     6. North Pacific Anadromous Stocks Act of 1992 (Public Law 102-
        567) (partial text)..........................................   257
     7. Driftnet Fishing.............................................   266
          a. High Seas Driftnet Fisheries Enforcement Act (Public Law
              102-582) (partial text)................................   266
          b. Driftnet Impact Monitoring, Assessment, and Control
              (Title IV Public Law 100-220)..........................   276
     8. Nonindigenous Aquatic Nuisance Prevention and Control Act of
        1990 (Public Law 101-646) (partial text).....................   280
     9. Negotiation of International Agreements for the Conservation
        of Sea Turtles (Public Law 101-162) (partial text)...........   282
    10. Whales.......................................................   284
          a. Wildlife Sanctuary for Humpback Whales (Public Law 99-
              630)...................................................   284
          b. Whaling Convention Act of 1949 (Public Law 81-676)......   285
    11. RMS Titanic Maritime Memorial Act of 1986 (Public Law 99-513)
        (partial text)...............................................   292
    12. Salmon.......................................................   295
          a. Pacific Salmon Treaty Act of 1985 (Public Law 99-5).....   295
          b. Atlantic Salmon Convention Act of 1982 (Title III of
              Public Law 97-389).....................................   306
    13. Northern Boundary and Transboundary Rivers Restoration and
        Enhancement Fund and Southern Boundary Restoration and
        Enhancement Fund (Public Law 106-113) (partial text).........   310
    14. Antarctic Marine Living Resources Convention Act of 1984
        (Title III of Public Law 98-623).............................   314
    15. American Fisheries Promotion Act (Public Law 96-561) (partial
        text)........................................................   325
    16. Endangered Species Act of 1973, as amended (Public Law 93-
        205) (partial text)..........................................   327
    17. Marine Mammal Protection Act of 1972, as amended (Public Law
        92-522) (partial text).......................................   347
    18. Fishermen's Protective Act of 1967, as amended (Public Law
        83-680)......................................................   374
                    .................................................

                    .................................................
                    .................................................

    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Conventions and agreements referred to by Acts in this section may be researched according to
    --------------------------------------------------------------------------------------------------------------------------------------------------------

                               1. Law of the Sea

    a. Magnuson-Stevens Fishery Conservation and Management Act, as amended
                                      \1\

     Partial Text of Public Law 94-265 [H.R. 200], 90 Stat. 331, approved
      April 13, 1976; as amended by Public Law 95-6 [Fishery Conservation
     Zone Transition Act; H.J. Res. 240], 91 Stat 14, approved February 1,
    1977; Public Law 95-354 [H.R. 10732], 92 Stat. 519, approved August 28,
      1978; Public Law 96-61 [S. 917], 93 Stat. 407, approved August 15,
     1979; Public Law 96-118 [H.R. 2035], 93 Stat. 859, approved November
     16, 1979; Public Law 96-470 [Congressional Reports Elimination Act of
    1980; H.R. 6686], 94 Stat. 2237, approved October 19, 1980; Public Law
      96-561 [American Fisheries Promotion Act; S. 2163], 94 Stat. 3275,
    approved December 22, 1980; Public Law 97-191 [S. 2535], 96 Stat. 107,
     approved June 1, 1982; Public Law 97-453 [H.R. 5002], 96 Stat. 2481,
    approved January 12, 1983; Public Law 98-623 [H.R. 6342], 98 Stat. 3394
      at 3408, approved November 8, 1984; Public Law 99-659 [S. 991]; 100
    Stat. 3607, approved November 14, 1986; Public Law 100-239 [Commercial
     Fishing Industry Vessel Anti-Reflagging Act of 1987; H.R. 2598]; 101
      Stat. 1778, approved January 11, 1988; Public Law 101-627 [Fishery
     Conservation Amendments of 1990; H.R. 2061], 104 Stat. 4436, approved
      November 28, 1990; Public Law 102-251 [Flower Garden Banks National
      Marine Sanctuary; H.R. 3866], 106 Stat. 60, approved March 9, 1992;
     Public Law 103-237 [Foreign Relations Authorization Act, Fiscal Years
      1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994;
      Public Law 103-437 [U.S. Code Technical Amendments; H.R. 4777], 108
     Stat. 4581, approved November 2, 1994; Public Law 104-208 [Department
       of Commerce and Related Agencies Appropriations Act; title II of
    section 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat.
    3009, approved September 30, 1996; and Public Law 104-297 [Sustainable
        Fisheries Act; S. 39], 110 Stat. 3559, approved October 11, 1996

    AN ACT To provide for the conservation and management of the fisheries,
                            and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Magnuson-Stevens Fishery Conservation
    and Management Act''.\1\
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1801 note. Sec. 238 of Public Law 96-561 changed the
    name of this Act from the ``Fishery Conservation and Management Act of
    1976'' to the ``Magnuson Fishery Conservation and Management Act of
    1976'', effective January 6, 1981. Sec. 238 further stipulated that all
    references to the Fishery Conservation and Management Act of 1976 shall
    be redesignated as references to the Magnuson Fishery Conservation and
    Management Act of 1976.
        Sec. 211(a) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), subsequently amended sec. 1 to change the
    name from ``Magnuson'' to ``Magnuson-Stevens'', and struck out ``of
    1976'' following ``Act''. Sec. 211(b) of that Act provided that:
    ``Effective 15 days after the enactment of the Sustainable Fisheries
    Act [enacted October 11, 1996], all references to the Magnuson Fishery
    Conservation and Management Act shall be redesignated as references to
    the Magnuson-Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------

                                TABLE OF CONTENTS

    Sec. 2. Findings, purposes, and policy.
    Sec. 3. Definitions.

     TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY
                                    RESOURCES

    Sec. 101. United States sovereign rights to fish and fishery management
              authority.
    Sec. 102. Highly migratory species.\2\
    Sec. 103. Highly migratory species.
    Sec. 104. Effective date.

         TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS

    Sec. 201. Foreign fishing.
    Sec. 202. International fishery agreements.
    Sec. 203. Congressional oversight of governing international fishery
              agreements.
    Sec. 204. Permits for foreign fishing.
    Sec. 205. Import prohibitions.
    Sec. 206. Large-scale driftnet fishing.\3\

                 TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

              * * * * * * *

                   TITLE IV--FISHERY MONITORING AND RESEARCH

              * * * * * * *

    SEC. 2.\4\ FINDINGS, PURPOSES AND POLICY.

        (a) Findings.--The Congress finds and declares the
    following:
    ---------------------------------------------------------------------------
        \2\ Effective January 1, 1992, pursuant to sec. 103(b) and (c) of
    the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104
    Stat. 4439), the title for sec. 102 became ``Highly migratory
    species''.
        \3\ Sec. 107(b) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4444) struck out ``Transitional
    provisions'' and inserted in lieu thereof ``Large-scale driftnet
    fishing''.
        \4\ 16 U.S.C. 1801.
    ---------------------------------------------------------------------------
              (1) The fish off the coasts of the United States, the
            highly migratory species of the high seas, the species
            which dwell on or in the Continental Shelf appertaining
            to the United States, and the anadromous species which
            spawn in United States rivers or estuaries, constitute
            valuable and renewable natural resources. These fishery
            resources contribute to the food supply, economy, and
            health of the Nation and provide recreational
            opportunities.
              (2) \5\ Certain stocks of fish have declined to the
            point where their survival is threatened, and other
            stocks of fish have been so substantially reduced in
            number that they could become similarly threatened as a
            consequence of (A) increased fishing pressure, (B) the
            inadequacy of fishery resource conservation and
            management practices and controls, or (C) direct and
            indirect habitat losses which have resulted in a
            diminished capacity to support existing fishing levels.
    ---------------------------------------------------------------------------
        \5\ Sec. 101(1) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3560) amended and restated para. (2), which formerly
    read as follows:
        ``(2) As a consequence of increased fishing pressure and because of
    the inadequacy of fishery conservation and management practices and
    controls (A) certain stocks of such fish have been overfished to the
    point where their survival is threatened, and (B) other such stocks
    have been so substantially reduced in number that they could become
    similarly threatened.''.
    ---------------------------------------------------------------------------
              (3) Commercial and recreational fishing constitutes a
            major source of employment and contributes
            significantly to the economy of the Nation. Many
            coastal areas are dependent upon fishing and related
            activities, and their economies have been badly damaged
            by the overfishing of fishery resources at an ever-
            increasing rate over the past decade. The activities of
            massive foreign fishing fleets in waters adjacent to
            such coastal areas have contributed to such damage,
            interfered with domestic fishing efforts, and caused
            destruction of the fishing gear of United States
            fishermen.
              (4) International fishery agreements have not been
            effective in preventing or terminating the overfishing
            of these valuable fishery resources. There is danger
            that irreversible effects from overfishing will take
            place before an effective international agreement on
            fishery management jurisdiction can be negotiated,
            signed, ratified, and implemented.
              (5) Fishery resources are finite but renewable. If
            placed under sound management before overfishing has
            caused irreversible effects, the fisheries can be
            conserved and maintained so as to provide optimum
            yields on a continuing basis.
              (6) A national program for the conservation and
            management of the fishery resources of the United
            States is necessary to prevent overfishing, to rebuild
            overfished stocks, to insure conservation, to
            facilitate long-term protection of essential fish
            habitats,\6\ and to realize the full potential of the
            Nation's fishery resources.
    ---------------------------------------------------------------------------
        \6\ Sec. 101(2) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3560) inserted ``to facilitate long-term protection of
    essential fish habitats,'' after ``conservation,''.
    ---------------------------------------------------------------------------
              (7) A national program for the development of
            fisheries which are underutilized or not utilized by
            United States fishermen,\7\ including bottom fish off
            Alaska, is necessary to assure that our citizens
            benefit from the employment, food supply, and revenue
            which could be generated thereby.
    ---------------------------------------------------------------------------
        \7\ Sec. 2(a) of Public Law 95-354 (92 Stat. 519) struck out
    ``United States fishing industry'' and inserted in lieu thereof
    ``United States fishermen''.
    ---------------------------------------------------------------------------
              (8) \8\ The collection of reliable data is essential
            to the effective conservation, management, and
            scientific understanding of the fishery resources of
            the United States.
    ---------------------------------------------------------------------------
        \8\ Sec. 101(a) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4437) added para. (8).
    ---------------------------------------------------------------------------
              (9) \9\ One of the greatest long-term threats to the
            viability `(9) One of the greatest long-term threats to
            the viability of commercial and recreational fisheries
            is the continuing loss of marine, estuarine, and other
            aquatic habitats. Habitat considerations should receive
            increased attention for the conservation and management
            of fishery resources of the United States.
    ---------------------------------------------------------------------------
        \9\ Sec. 101(3) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3560) added paras. (9) and (10).
    ---------------------------------------------------------------------------
              (10) \9\ Pacific Insular Areas contain unique
            historical, cultural, legal, political, and
            geographical circumstances which make fisheries
            resources important in sustaining their economic
            growth.
        (b) Purposes.--It is therefore declared to be the purposes
    of the Congress in this Act--
              (1) \10\ to take immediate action to conserve and
            manage the fishery resources found off the coasts of
            the United States, and the anadromous species and
            Continental Shelf fishery resources of the United
            States, by exercising (A) sovereign rights for the
            purposes of exploring, exploiting, conserving, and
            managing all fish,\11\ within the exclusive economic
            zone established by Presidential Proclamation 5030,
            dated March 10, 1983, and (B) exclusive fishery
            management authority beyond the exclusive economic zone
            over such anadromous species and Continental Shelf
            fishery resources, and fishery resources in the special
            areas; \12\
    ---------------------------------------------------------------------------
        \10\ Sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707) amended
    and restated para. (1).
        \11\ Sec. 101(b)(1) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4437) struck out ``except highly
    migratory species''.
        \12\ Sec. 301(a) of Public Law 102-251 (106 Stat. 62) inserted ``,
    and fishery resources in the special areas'' before the semicolon.
    ---------------------------------------------------------------------------
              (2) to support and encourage the implementation and
            enforcement of international fishery agreements for the
            conservation and management of highly migratory
            species, and to encourage the negotiation and
            implementation of additional such agreements as
            necessary;
              (3) to promote domestic commercial and recreational
            fishing under sound conservation and management
            principles, including the promotion of catch and
            release programs in recreational fishing; \13\
    ---------------------------------------------------------------------------
        \13\ Sec. 101(4) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3560) struck out ``principles;'' and inserted in lieu
    thereof ``principles, including the promotion of catch and release
    programs in recreational fishing;''.
    ---------------------------------------------------------------------------
              (4) to provide for the preparation and
            implementation, in accordance with national standards,
            of fishery management plans which will achieve and
            maintain, on a continuing basis, the optimum yield from
            each fishery;
              (5) to establish Regional Fishery Management Councils
            to exercise sound judgment in the stewardship of
            fishery resources through the preparation, monitoring,
            and revision of \14\ such plans under circumstances (A)
            which will enable the States, the fishing industry,
            consumer and environmental organizations, and other
            interested persons to participate in, and advise on,
            the establishment and administration of such plans, and
            (B) which take into account the social and economic
            needs of the States; \15\
    ---------------------------------------------------------------------------
        \14\ Sec. 101(b)(2) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4437) struck out ``prepare, monitor, and
    revise'' and inserted in lieu thereof ``exercise sound judgment in the
    stewardship of fishery resources through the preparation, monitoring,
    and revision of''.
        \15\ Sec. 101(5) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3560) struck out ``and'' after the semicolon at the end
    of subsec. (b)(5).
    ---------------------------------------------------------------------------
              (6) to encourage the development by the United States
            fishing industry \16\ of fisheries which are currently
            underutilized or not utilized by United States
            fishermen, including bottom fish off Alaska, and to
            that end, to ensure that optimum yield determinations
            promote such development in a non-wasteful manner; and
            \17\
    ---------------------------------------------------------------------------
        \16\ Sec. 2(b) of Public Law 95-354 (92 Stat. 519) added ``by the
    United States fishing industry''.
        \17\ Sec. 233 of Public Law 96-561 added ``, and to that end, to
    ensure that optimum yield determinations promote such development''.
    Sec. 101(6) of the Sustainable Fisheries Act (Public Law 104-297; 110
    Stat. 3560) struck out ``development.'' and inserted in lieu thereof
    ``development in a non-wasteful manner; and''.
    ---------------------------------------------------------------------------
              (7) \18\ to promote the protection of essential fish
            habitat in the review of projects conducted under
            Federal permits, licenses, or other authorities that
            affect or have the potential to affect such habitat.
    ---------------------------------------------------------------------------
        \18\ Sec. 101(7) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3560) added para. (7).
    ---------------------------------------------------------------------------
        (c) Policy.--It is further declared to be the policy of the
    Congress in this Act--
              (1) to maintain without change the existing
            territorial or other ocean jurisdiction of the United
            States for all purposes other than the conservation and
            management of fishery resources, as provided for in
            this Act;
              (2) to authorize no impediment to, or interference
            with, recognized legitimate uses of the high seas,
            except as necessary for the conservation and management
            of fishery resources, as provided for in this Act;
              (3) to assure that the national fishery conservation
            and management program utilizes, and is based upon, the
            best scientific information available; involves, and is
            responsive to the needs of interested and affected
            States and citizens; considers \19\ efficiency; draws
            upon Federal, State, and academic capabilities in
            carrying out research, administration, management, and
            enforcement; considers the effects of fishing on
            immature fish and encourages development of practical
            measures that minimize bycatch and \20\ avoid
            unnecessary waste of fish; \21\ and is workable and
            effective;
    ---------------------------------------------------------------------------
        \19\ Sec. 101(8)(A) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3560) struck out ``promotes'' and inserted in lieu
    thereof ``considers''.
        \20\ Sec. 101(8)(B) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3560) inserted ``minimize bycatch and'' after
    ``practical measures that''.
        \21\ Sec. 101(c)(1) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4437) inserted text beginning with
    ``considers the effects of fishing''.
    ---------------------------------------------------------------------------
              (4) to permit foreign fishing consistent with the
            provisions of this Act; \22\
    ---------------------------------------------------------------------------
        \22\ Sec. 101(c)(2) through (4) of the Fishery Conservation
    Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) struck out
    ``and'' at the end of para. (4); struck out the period at the end of
    para. (5), and inserted text beginning with ``, and to secure
    agreements''; and added a new para. (6).
    ---------------------------------------------------------------------------
              (5) \23\ to support and encourage active United
            States efforts to obtain internationally acceptable
            agreements which provide for effective conservation and
            management of fishery resources, and to secure
            agreements to regulate fishing by vessels or person
            beyond the exclusive economic zones of any nation;
            \22\, \24\
    ---------------------------------------------------------------------------
        \23\ Sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707) amended
    and restated para. (5).
        \24\ Sec. 101 of the Sustainable Fisheries Act (Public Law 104-297;
    110 Stat. 3560) struck out ``and'' at the end of para. (5), struck out
    a period at the end of para. (6) and inserted instead ``; and'' and
    added a new para. (7).
    ---------------------------------------------------------------------------
              (6) \22\ to foster and maintain the diversity of
            fisheries in the United States; and \24\
              (7) \24\ to ensure that the fishery resources
            adjacent to a Pacific Insular Area, including resident
            or migratory stocks within the exclusive economic zone
            adjacent to such areas, be explored, developed,
            conserved, and managed for the benefit of the people of
            such area and of the United States.

    SEC. 3.\25\ DEFINITIONS.

        As used in this Act, unless the context otherwise
    requires--
    ---------------------------------------------------------------------------
        \25\ 16 U.S.C. 1802. Paragraph designations in sec. 3 have been
    repeatedly reassigned as new paras. were added. Footnotes to this
    section provide only substantive amendment history.
    ---------------------------------------------------------------------------
              (1) The term ``anadromous species'' means species of
            fish which spawn in fresh or estuarine waters of the
            United States and which migrate to ocean waters.
              (2) \26\ The term ``bycatch'' means fish which are
            harvested in a fishery, but which are not sold or kept
            for personal use, and includes economic discards and
            regulatory discards. Such term does not include fish
            released alive under a recreational catch and release
            fishery management program.
    ---------------------------------------------------------------------------
        \26\ Sec. 102(1) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3561) added new paras. (2) through (4) and redesignated
    subsequent paras.
    ---------------------------------------------------------------------------
              (3) \26\ The term ``charter fishing'' means fishing
            from a vessel carrying a passenger for hire (as defined
            in section 2101(21a) of title 46, United States Code)
            who is engaged in recreational fishing.
              (4) \26\ The term ``commercial fishing'' means
            fishing in which the fish harvested, either in whole or
            in part, are intended to enter commerce or enter
            commerce through sale, barter or trade.
              (5) The term ``conservation and management'' refers
            to all of the rules, regulations, conditions, methods,
            and other measures (A) which are required to rebuild,
            restore, or maintain, and which are useful in
            rebuilding, restoring, or maintaining, any fishery
            resource and the marine environment; and (B) which are
            designed to assure that--
                      (i) a supply of food and other products may
                    be taken, and that recreational benefits may be
                    obtained, on a continuing basis;
                      (ii) irreversible or long-term adverse
                    effects on fishery resources and the marine
                    environment are avoided; and
                      (iii) there will be a multiplicity of options
                    available with respect to future uses of these
                    resources.
              (6) The term ``Continental Shelf'' means the seabed
            and subsoil of the submarine areas adjacent to the
            coast, but outside the area of the territorial sea, of
            the United States, to a depth of 200 meters or, beyond
            that limit, to where the depth of the superjacent
            waters admits of the exploitation of the natural
            resources of such areas.
              (7) The term ``Continental Shelf fishery resources''
            means the following:

                                 Cnidaria \27\
    ---------------------------------------------------------------------------

        \27\ Para. (7), as redesignated from para. (4) by sec. 102(1) of
    the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3561) was
    further amended by sec. 102(2) of that Act, by striking
    ``Coelenterata'' from the heading of the list of corals and inserting
    in lieu thereof ``Cnidaria'', and by striking ``Deep-sea Red Crab--
    Geryon quinquedens'' and inserting in lieu thereof ``Deep-sea Red
    Crab--Chaceon quinquedens'' from the list of crustacea.
    ---------------------------------------------------------------------------
                    Bamboo Coral--Acanella spp.;
                    Black Coral--Antipathes spp.;
                    Gold Coral--Callogorgia spp.;
                    Precious Red Coral--Corallium spp.;
                    Bamboo Coral--Keratoisis spp.; and
                    Gold Coral--Parazoanthus spp.

                                   Crustacea

                    Tanner Crab--Chionoecetes tanneri;
                    Tanner Crab--Chionoecetes opilio;
                    Tanner Crab--Chionoecetes angulatus;
                    Tanner Crab--Chionoecetes bairdi;
                    King Crab--Paralithodes camtschatica;
                    King Crab--Paralithodes platypus;
                    King Crab--Paralithodes brevipes;
                    Lobster--Homarus americanus;
                    Dungeness Crab--Cancer magister;
                    California King Crab--Paralithodes
                    californiensis;
                    California King Crab--Paralithodes rathbuni;
                    Golden King Crab--Lithodes aequispinus;
                    Northern Stone Crab--Lithodes maja;
                    Stone Crab--Menippe mercenaria; and
                    Deep-sea Red Crab--Chaceon quinquedens.\27\

                                    Mollusks

                    Red Abalone--Haliotis rufescens;
                    Pink Abalone--Haliotis corrugata;
                    Japanese Abalone--Haliotis kamtschatkana;
                    Queen Conch--Strombus gigas;
                    Surf Clam--Spisula solidissima; and
                    Ocean Quahog--Arctica islandica.

                                    Sponges

                    Glove Sponge--Spongia cheiris; \28\
    ---------------------------------------------------------------------------
        \28\ Sec. 112(2) of Public Law 99-659 (100 Stat. 3715) struck out
    ``Hippiospongia canaliculata'' and inserted in lieu thereof ``Glove
    Sponge--Spongia cheiris''.
    ---------------------------------------------------------------------------
                    Sheepswool Sponge--Hippiospongia lachne;
                    Grass Sponge--Spongia graminea; and
                    Yellow Sponge--Spongia barbera.
            If the Secretary determines, after consultation with
            the Secretary of State, that living organisms of any
            other sedentary species are at the harvestable stage,
            either--
                      (A) immobile on or under the seabed, or
                      (B) unable to move except in constant
                    physical contact with the seabed or subsoil,
            of the Continental Shelf which appertains to the United
            States, and publishes notice of such determination in
            the Federal Register, such sedentary species shall be
            considered to be added to the foregoing list and
            included in such term for purposes of this Act.
              (8) The term ``Council'' means any Regional Fishery
            Management Council established under section 302.
              (9) \29\ The term ``economic discards'' means fish
            which are the target of a fishery, but which are not
            retained because they are of an undesirable size, sex,
            or quality, or for other economic reasons.
    ---------------------------------------------------------------------------
        \29\ Sec. 102(3) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3561) added paras. (9) and (10), and redesignated
    subsequent paras.
    ---------------------------------------------------------------------------
              (10) \29\ The term ``essential fish habitat'' means
            those waters and substrate necessary to fish for
            spawning, breeding, feeding or growth to maturity.
              (11) \30\ The term ``exclusive economic zone'' means
            the zone established by Proclamation Numbered 5030,
            dated March 10, 1983. For purposes of applying this
            Act, the inner boundary of that zone is a line
            coterminous with the seaward boundary of each of the
            coastal States.
    ---------------------------------------------------------------------------
        \30\ Sec. 101(a) of Public Law 99-659 (100 Stat. 3706) added para.
    (11) as para. (6). Sec. 101(a) also renumbered former paras. (6) and
    (7) as (7) and (8) and struck out former para. (8) which had defined
    the term ``fishery conservation zone''.
        Sec. 101(c)(2) of that Act replaced the term ``fishery conservation
    zone'' with the term ``exclusive economic zone'' each time it appeared
    in the Act.
    ---------------------------------------------------------------------------
              (12) The term ``fish'' means finfish, mollusks,
            crustaceans, and all other forms of marine animal and
            plant life other than marine mammals and birds.\31\
    ---------------------------------------------------------------------------
        \31\ Sec. 102(a)(2) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4438) struck out ``, birds and highly
    migratory species'' and inserted in lieu thereof ``and birds''.
    ---------------------------------------------------------------------------
              (13) The term ``fishery'' means--
                      (A) one or more stocks of fish which can be
                    treated as a unit for purposes of conservation
                    and management and which are identified on the
                    basis of geographical, scientific, technical,
                    recreational, and economic characteristics; and
                      (B) any fishing for such stocks.
              (14) The term ``fishery resource'' means any fishery,
            any stock of fish, any species of fish, and any habitat
            of fish.
              (15) The term ``fishing'' means--
                      (A) The catching, taking, or harvesting of
                    fish;
                      (B) The attempted catching, taking, or
                    harvesting of fish;
                      (C) any other activity which can reasonably
                    be expected to result in the catching, taking,
                    or harvesting of fish; or
                      (D) any operations at sea in support of, or
                    in preparation for, any activity described in
                    subparagraphs (A) through (C).
            Such term does not include any scientific research
            activity which is conducted by a scientific research
            vessel.
              (16) \32\ The term ``fishing community'' means a
            community which is substantially dependent on or
            substantially engaged in the harvest or processing of
            fishery resources to meet social and economic needs,
            and includes fishing vessel owners, operators, and crew
            and United States fish processors that are based in
            such community.
    ---------------------------------------------------------------------------
        \32\ Sec. 102(4) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3561) added a new para. (16) and redesignated subsequent
    paras.
    ---------------------------------------------------------------------------
              (17) The term ``fishing vessel'' means any vessel,
            boat, ship, or other craft which is used for, equipped
            to be used for, or of a type which is normally used
            for--
                      (A) fishing; or
                      (B) aiding or assisting one or more vessels
                    at sea in the performance of any activity
                    relating to fishing, including, but not limited
                    to, preparation, supply, storage,
                    refrigeration, transportation, or processing.
              (18) The term ``foreign fishing'' means fishing by a
            vessel other than a vessel of the United States.
              (19) The term ``high seas'' means all waters beyond
            the territorial sea of the United States and beyond any
            foreign nation's territorial sea, to the extent that
            such sea is recognized by the United States.
              (20) \33\ The term ``highly migratory species'' means
            tuna species, marlin (Tetrapturus spp. and Makaira
            spp.), oceanic sharks, sailfishes (Istiophorus spp.),
            and swordfish (Xiphias gladius).
    ---------------------------------------------------------------------------
        \33\ Sec. 102(a)(3) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4438) amended and restated para. (14),
    since redesignated as para. (20). It formerly defined ``highly
    migratory species'' as ``species of tuna which in the course of their
    life cycle, spawn and migrate over great distances in waters of the
    ocean.''.
    ---------------------------------------------------------------------------
              (21) \34\ The term ``individual fishing quota'' means
            a Federal permit under a limited access system to
            harvest a quantity of fish, expressed by a unit or
            units representing a percentage of the total allowable
            catch of a fishery that may be received or held for
            exclusive use by a person. Such term does not include
            community development quotas as described in section
            305(i).
    ---------------------------------------------------------------------------
        \34\ Sec. 102(5) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3562) added a new para. (21) and redesignated subsequent
    paras.
    ---------------------------------------------------------------------------
              (22) The term ``international fishery agreement''
            means any bilateral or multilateral treaty, convention,
            or agreement which relates to fishing and to which the
            United States is a party.
              (23) \35\ The term ``large-scale driftnet fishing''
            means a method of fishing in which a gillnet composed
            of a panel or panels of webbing, or a series of such
            gillnets, with a total length of two and one-half
            kilometers \36\ or more is placed in the water and
            allowed to drift with the currents and winds for the
            purpose of entangling fish in the webbing.
    ---------------------------------------------------------------------------
        \35\ Sec. 102(a)(4) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4438) added a new para. (16), since
    redesignated as para. (23).
        \36\ Sec. 102(6) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3562) struck out ``of one and one-half miles'' and
    inserted in lieu thereof ``of two and one-half kilometers''.
    ---------------------------------------------------------------------------
              (24) The term ``Marine Fisheries Commission'' means
            the Atlantic States Marine Fisheries Commission, the
            Gulf States Marine Fisheries Commission, or the Pacific
            Marine Fisheries Commission.
              (25) \37\ The term ``migratory range'' means the
            maximum area at a given time of the year within which
            fish of an anadromous species or stock thereof can be
            expected to be found, as determined on the basis of
            scale pattern analysis, tagging studies, or other
            reliable scientific information, except that the term
            does not include any part of such area which is in the
            waters of a foreign nation.
    ---------------------------------------------------------------------------
        \37\ Sec. 102(a)(5) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4438) added a new para. (18), since
    redesignated as para. (25).
    ---------------------------------------------------------------------------
              (26) The term ``national standards'' means the
            national standards for fishery conservation and
            management set forth in section 301.
              (27) \38\ The term ``observer'' means any person
            required or authorized to be carried on a vessel for
            conservation and management purposes by regulations or
            permits under this Act.
    ---------------------------------------------------------------------------
        \38\ Sec. 102(a)(6) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4438) added a new para. (20), since
    redesignated as para. (27).
    ---------------------------------------------------------------------------
              (28) \39\ The term ``optimum'', with respect to the
            yield from a fishery, means the amount of fish which--
    ---------------------------------------------------------------------------
        \39\ Sec. 102(7) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3562) amended and restated para. (28), as redesignated.
    ---------------------------------------------------------------------------
                      (A) will provide the greatest overall benefit
                    to the Nation, particularly with respect to
                    food production and recreational opportunities,
                    and taking into account the protection of
                    marine ecosystems;
                      (B) is prescribed on the basis of the maximum
                    sustainable yield from the fishery, as reduced
                    by any relevant social, economic, or ecological
                    factor; and
                      (C) in the case of an overfished fishery,
                    provides for rebuilding to a level consistent
                    with producing the maximum sustainable yield in
                    such fishery.
              (29) \40\ The terms ``overfishing'' and
            ``overfished'' mean a rate or level of fishing
            mortality that jeopardizes the capacity of a fishery to
            produce the maximum sustainable yield on a continuing
            basis.
    ---------------------------------------------------------------------------
        \40\ Sec. 102(8) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3562) added new paras. (29) and (30) and redesignated
    subsequent paras.
    ---------------------------------------------------------------------------
              (30) \40\ The term ``Pacific Insular Area'' means
            American Samoa, Guam, the Northern Mariana Islands,
            Baker Island, Howland Island, Jarvis Island, Johnston
            Atoll, Kingman Reef, Midway Island, Wake Island, or
            Palmyra Atoll, as applicable, and includes all islands
            and reefs appurtenant to such island, reef, or atoll.
              (31) The term ``person'' means any individual
            (whether or not a citizen or national of the United
            States), any corporation, partnership, association, or
            other entity (whether or not organized or existing
            under the laws of any State), and any Federal, State,
            local, or foreign government or any entity of any such
            government.
              (32) \41\ The term ``recreational fishing'' means
            fishing for sport or pleasure.
    ---------------------------------------------------------------------------
        \41\ Sec. 102(9) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3562) added new paras. (32) and (33) and redesignated
    subsequent paras.
    ---------------------------------------------------------------------------
              (33) \41\ The term ``regulatory discards'' means fish
            harvested in a fishery which fishermen are required by
            regulation to discard whenever caught, or are required
            by regulation to retain but not sell.
              (34) The term ``Secretary'' means the Secretary of
            Commerce or his designee.
              (35) The term ``State'' means each of the several
            States, the District of Columbia, the Commonwealth of
            Puerto Rico, American Samoa, the Virgin Islands, Guam,
            and any other Commonwealth, territory, or possession of
            the United States.
              (36) \42\ The term ``special areas'' means the areas
            referred to as eastern special areas in Article 3(1) of
            the Agreement between the United States of America and
            the Union of Soviet Socialist Republics on the Maritime
            Boundary, signed June 1, 1990. In particular, the term
            refers to those areas east of the maritime boundary, as
            defined in that Agreement, that lie within 200 nautical
            miles of the baselines from which the breadth of the
            territorial sea of Russia is measured but beyond 200
            nautical miles of the baselines from which the breadth
            of the territorial sea of the United States is
            measured.
    ---------------------------------------------------------------------------
        \42\ Sec. 301(b) of Public Law 102-251 (106 Stat. 62) added para.
    (36) to define ``special areas,'' effective on the date on which the
    Agreement Between the United States and the Union of Soviet Socialist
    Republics on the Maritime Boundary, signed June 1, 1990, entered into
    force for the United States, with authority to prescribe implementing
    regulations effective March 9, 1992, but with no such regulations
    effective until the date on which the Agreement entered into force for
    the United States.
        Sec. 405(a) of the Sustainable Fisheries Act (Public Law 104-297;
    110 Stat. 3621) provided that sec. 301(b) of Public Law 102-251 shall
    take effect on the date of enactment of Public Law 104-297, which would
    result in adding a paragraph to define ``special areas''. Sec. 102(10)
    of that Act, however, separately added language similar to that
    provided in Public Law 102-251 as para. (36), effective immediately,
    and redesignated the following paras. appropriately.
    ---------------------------------------------------------------------------
              (37) The term ``stock of fish'' means a species,
            subspecies, geographical grouping, or other category of
            fish capable of management as a unit.
              (38) The term ``treaty'' means any international
            fishery agreement which is a treaty within the meaning
            of section 2 of article II of the Constitution.
              (39) \43\ The term ``tuna species'' means the
            following:
    ---------------------------------------------------------------------------
        \43\ Sec. 102(a)(7) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4438) added para. (27), since
    redesignated as para. (39).
    ---------------------------------------------------------------------------
                    Albacore Tuna--Thunnus alalunga;
                    Bigeye Tuna--Thunnus obesus;
                    Bluefin Tuna--Thunnus thynnus;
                    Skipjack Tuna--Katsuwonus pelamis; and
                    Yellowfin Tuna--Thunnus albacares.
              (40) The term ``United States'', when used in a
            geographical context, means all the States thereof.
              (41) \44\ The term ``United States fish processors''
            means facilities located within the United States for,
            and vessels of the United States used or equipped for,
            the processing of fish for commercial use or
            consumption.
    ---------------------------------------------------------------------------
        \44\ Sec. 3 of Public Law 95-354 (92 Stat. 519) added new paras.
    (25) and (26), since redesignated as paras. (41) and (42).
    ---------------------------------------------------------------------------
              (42) \44\ The term ``United States harvested fish''
            means fish caught, taken, or harvested by vessels of
            the United States within any fishery regulated under
            this Act.\45\
    ---------------------------------------------------------------------------
        \45\ Sec. 102(11) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3563) struck out ``for which a fishery management plan
    prepared under title III or a preliminary fishery management plan
    prepared under section 201(h) has been implemented'' and inserted in
    lieu thereof ``regulated under this Act''.
    ---------------------------------------------------------------------------
              (43) \46\ The term ``vessel of the United States''
            means--
    ---------------------------------------------------------------------------
        \46\ Sec. 15(a) of Public Law 97-453 (96 Stat. 2492) amended and
    restated para. (43). Sec. 2 of Public Law 100-239 (101 Stat. 1778)
    further amended and restated para. (43).
    ---------------------------------------------------------------------------
                      (A) any vessel documented under chapter 121
                    of title 46, United States Code;
                      (B) any vessel numbered in accordance with
                    chapter 123 of title 46, United States Code,
                    and measuring less than 5 net tons;
                      (C) any vessel numbered in accordance with
                    chapter 123 of title 46, United States Code,
                    and used exclusively for pleasure; or
                      (D) any vessel not equipped with propulsion
                    machinery of any kind and used exclusively for
                    pleasure.
              (44) \47\ The term ``vessel subject to the
            jurisdiction of the United States'' has the same
            meaning such term has in section 3(c) of the Maritime
            Drug Law Enforcement Act (46 U.S.C. App. 1903(c)).
    ---------------------------------------------------------------------------
        \47\ Sec. 102(12) of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3563) added a new para. (44) and redesignated para. (44)
    as (45).
    ---------------------------------------------------------------------------
              (45) \48\ The term ``waters of a foreign nation''
            means any part of the territorial sea or exclusive
            economic zone (or the equivalent) of a foreign nation,
            to the extent such territorial sea or exclusive
            economic zone is recognized by the United States.
    ---------------------------------------------------------------------------
        \48\ Sec. 102(a)(8) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4438) added a new para. (32), since
    redesignated as para. (45).
    ---------------------------------------------------------------------------

    SEC. 4.\49\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Secretary
    for the purposes of carrying out the provisions of this Act,
    not to exceed the following sums:
    ---------------------------------------------------------------------------
        \49\ 16 U.S.C. 1803. Sec. 103 of the Sustainable Fisheries Act
    (Public Law 104-297; 110 Stat. 3563) added sec. 4.
    ---------------------------------------------------------------------------
              (1) $147,000,000 for fiscal year 1996;
              (2) $151,000,000 for fiscal year 1997;
              (3) $155,000,000 for fiscal year 1998; and
              (4) $159,000,000 for fiscal year 1999.

    TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY
                                   RESOURCES

    SEC. 101.\50\ UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISHERY
                        MANAGEMENT AUTHORITY.

        (a) In the Exclusive Economic Zone.--Except as provided in
    section 102, the United States claims, and will exercise in the
    manner provided for in this Act, sovereign rights and exclusive
    fishery management authority over all fish, and all Continental
    Shelf fishery resources, within the exclusive economic zone and
    special areas.\51\
    ---------------------------------------------------------------------------
        \50\ 16 U.S.C. 1811. Sec. 101(b) of Public Law 99-659 (100 Stat.
    3706) amended and restated sec. 101.
        \51\ Sec. 301(c)(1) of Public Law 102-251 (106 Stat. 62) inserted
    ``and special areas'' before the period in subsec. (a).
    ---------------------------------------------------------------------------
        (b) Beyond the Exclusive Economic Zone.--The United States
    claims, and will exercise in the manner provided for in this
    Act, exclusive fishery management authority over the following:
              (1) All anadromous species throughout the migratory
            range of each such species beyond the exclusive
            economic zone; except that that management authority
            does not extend to any such species during the time
            they are found within any waters of a foreign
            nation.\52\
    ---------------------------------------------------------------------------
        \52\ Sec. 102(b) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4438) struck out ``any foreign nation's
    territorial sea or exclusive economic zone (or the equivalent), to the
    extent that that sea or zone is recognized by the United States.'', and
    inserted in lieu thereof ``any waters of a foreign nation.''.
    ---------------------------------------------------------------------------
              (2) All Continental Shelf fishery resources beyond
            the exclusive economic zone.
              (3) \53\ all fishery resources in the special areas.
    ---------------------------------------------------------------------------
        \53\ Sec. 301(c)(2) of Public Law 102-251 (106 Stat. 63) added
    para. (3).
    ---------------------------------------------------------------------------

    SEC. 102.\54\ HIGHLY MIGRATORY SPECIES.

        The United States shall cooperate directly or through
    appropriate international organizations with those nations
    involved in fisheries for highly migratory species with a view
    to ensuring conservation and shall promote the achievement of
    optimum yield \55\ of such species throughout their range, both
    within and beyond the exclusive economic zone.
    ---------------------------------------------------------------------------
        \54\ 16 U.S.C. 1812. Effective January 1, 1992, sec. 103 of the
    Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat.
    4439), substantially restated sec. 102. It formerly read as follows:
    ---------------------------------------------------------------------------

    ``sec. 102. exclusion for highly migratory species.
    ---------------------------------------------------------------------------

        ``The sovereign rights and exclusive fishery management authority
    asserted by the United States under section 101 over fish do not
    include, and may not be construed to extend to, highly migratory
    species of fish.''.
        \55\ Sec. 104 of the Sustainable Fisheries Act (Public Law 104-297;
    110 Stat. 3563) struck out ``promoting the objective of optimum
    utilization'' and inserted in lieu thereof ``shall promote the
    achievement of optimum yield''.
    ---------------------------------------------------------------------------

    SEC. 103.\56\ HIGHLY MIGRATORY SPECIES.

        The exclusive fishery management authority of the United
    States shall not include, nor shall it be construed to extend
    to, highly migratory species of fish.
    ---------------------------------------------------------------------------
        \56\ 16 U.S.C. 1813.
    ---------------------------------------------------------------------------

    SEC. 104.\57\ EFFECTIVE DATE.

        This title shall take effect March 1, 1977.
    ---------------------------------------------------------------------------
        \57\ 16 U.S.C. 1811 note.
    ---------------------------------------------------------------------------

         TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHING AGREEMENTS

    SEC. 201.\58\ FOREIGN FISHING.

        (a) In General.--After February 28, 1977, no foreign
    fishing is authorized within the exclusive economic zone,\59\
    within the special areas,\60\ or for anadromous species or
    Continental Shelf fishery resources beyond such zone or
    areas,\61\ unless such foreign fishing--
    ---------------------------------------------------------------------------
        \58\ 16 U.S.C. 1821.
        \59\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery
    conservation zone'' and inserted in lieu thereof ``exclusive economic
    zone'' throughout this Act.
        \60\ Sec. 301(d)(1)(A) of Public Law 102-251 (106 Stat. 63)
    inserted ``within the special areas,''.
        \61\ Sec. 301(d)(1)(B) of Public Law 102-251 (106 Stat. 63) struck
    out ``beyond the exclusive economic zone'' and inserted in lieu thereof
    ``beyond such zone or areas''.
    ---------------------------------------------------------------------------
              (1) \62\ is authorized under subsections (b) or (c)
            or section 204(e), or under a permit issued under
            section 204(d);
    ---------------------------------------------------------------------------
        \62\ Sec. 105(a)(1) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3563) amended and restated paras. (1) and (2).
    ---------------------------------------------------------------------------
              (2) \62\ is not prohibited under subsection (f); and
              (3) is conducted under, and in accordance with, a
            valid and applicable permit issued pursuant to section
            204.
        (b) Existing International Fishery Agreements.--Foreign
    fishing described in subsection (a) may be conducted pursuant
    to an international fishery agreement (subject to the
    provisions of section 202 (b) or (c)), if such agreement--
              (1) was in effect on the date of enactment of this
            Act; and
              (2) has not expired, been renegotiated, or otherwise
            ceased to be of force and effect with respect to the
            United States.
        (c) Governing International Fishery Agreements.--Foreign
    fishing described in subsection (a) may be conducted pursuant
    to an international fishery agreement (other than a treaty)
    which meets the requirements of this subsection if such
    agreement becomes effective after application of section 203.
    Any such international fishery agreement shall hereafter in
    this Act be referred to as a ``governing international fishery
    agreement''. Each governing international fishery agreement
    shall acknowledge the exclusive fishery management authority of
    the United States, as set forth in this Act. It is the sense of
    the Congress that each such agreement shall include a binding
    commitment, on the part of such foreign nation and its fishing
    vessels, to comply with the following terms and conditions:
              (1) The foreign nation, and the owner or operator of
            any fishing vessel fishing pursuant to such agreement,
            will abide by all regulations promulgated by the
            Secretary pursuant to this Act, including any
            regulations promulgated to implement any applicable
            fishery management plan or any preliminary fishery
            management plan.
              (2) The foreign nation, and the owner or operator of
            any fishing vessel fishing pursuant to such agreement,
            will abide by the requirement that--
                      (A) any officer authorized to enforce the
                    provisions of this Act (as provided for in
                    section 311) be permitted--
                              (i) to board, and search or inspect,
                            any such vessel at any time,
                              (ii) to make arrests and seizures
                            provided for in section 311(b) whenever
                            such officer has reasonable cause to
                            believe, as a result of such a search
                            or inspection, that any such vessel or
                            any person has committed an act
                            prohibited by section 307, and
                              (iii) to examine and make notations
                            on the permit issued pursuant to
                            section 204 for such vessel;
                      (B) the permit issued for any such vessel
                    pursuant to section 204 be prominently
                    displayed in the wheelhouse of such vessel;
                      (C) transponders, or such other appropriate
                    position-fixing and identification equipment as
                    the Secretary of the department in which the
                    Coast Guard is operating determines to be
                    appropriate, be installed and maintained in
                    working order on each such vessel;
                      (D)\63\ United States observers required
                    under subsection (h) \64\ be permitted to be
                    stationed aboard any such vessel and that all
                    of the costs incurred incident to such
                    stationing, including the costs of data editing
                    and entry and observer monitoring, be paid for,
                    in accordance with such subsection, by the
                    owner or operator of the vessel;
    ---------------------------------------------------------------------------
        \63\ Sec. 2(a)(1) of Public Law 97-453 (96 Stat. 2481) amended and
    restated subpara. (D). Subpara. (D) formerly read as follows:
        ``(D) duly authorized United States observers be permitted on board
    any such vessel and that the United States be reimbursed for the cost
    of such observers;''.
        \64\ Sec. 105(a)(2) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3563) struck out ``(i)'' and inserted in lieu
    thereof ``(h)''.
    ---------------------------------------------------------------------------
                      (E) any fees required under section
                    204(b)(10) be paid in advance;
                      (F) agents be appointed and maintained within
                    the United States who are authorized to receive
                    and respond to any legal process issued in the
                    United States with respect to such owner or
                    operator; and
                      (G) responsibility be assumed, in accordance
                    with any requirements prescribed by the
                    Secretary, for the reimbursement of United
                    States citizens for any loss of, or damage to,
                    their fishing vessels, fishing gear, or catch
                    which is caused by any fishing vessel of that
                    nation;
            and will abide by any other monitoring, compliance, or
            enforcement requirement related to fishery conservation
            and management which is included in such agreement.
              (3) The foreign nation and the owners or operators of
            all of the fishing vessels of such nation shall not, in
            any year, harvest an amount of fish which \65\ exceeds
            such nation's allocation of the total allowable level
            of foreign fishing, as determined under subsection (e).
    ---------------------------------------------------------------------------
        \65\ Sec. 4(2) of Public Law 95-354 (92 Stat. 519) inserted
    ``harvest an amount of fish which''.
    ---------------------------------------------------------------------------
              (4) The foreign nation will--
                      (A) apply, pursuant to section 204, for any
                    required permits;
                      (B) deliver promptly to the owner or operator
                    of the appropriate fishing vessel any permit
                    which is issued under that section for such
                    vessel;
                      (C) abide by, and take appropriate steps
                    under its own laws to assure that all such
                    owners and operators comply with, section
                    204(a) and the applicable conditions and
                    restrictions established under section
                    204(b)(7); and
                      (D) \66\ take, or refrain from taking, as
                    appropriate, actions of the kind referred to in
                    subsection (e)(1) in order to receive favorable
                    allocations under such subsection.
    ---------------------------------------------------------------------------
        \66\ Sec. 2(a)(2) of Public Law 97-453 (96 Stat. 2481) added
    subpara. (D).
    ---------------------------------------------------------------------------
        (d) \67\ Total Allowable Level of Foreign Fishing.--The
    total allowable level of foreign fishing, if any, with respect
    to any fishery subject to the exclusive fishery management
    authority of the United States, shall be that portion of the
    optimum yield of such fishery which will not be harvested by
    vessels of the United States, as determined in accordance with
    this Act.
    ---------------------------------------------------------------------------
        \67\ The text of subsec. (d) was restored to the original by sec.
    104 of the Fishery Conservation Amendments of 1990 (Public Law 101-627;
    104 Stat. 4439). Previously, sec. 230 of Public Law 96-561 amended and
    restated subsec. (d) to read as follows:
        ``(d) Total Allowable Level of Foreign Fishing.--(1) As used in
    this subsection--
    ---------------------------------------------------------------------------

      ``(A) The term `base harvest' means, with respect to any United States
    fishery, the total allowable level of foreign fishing during the 1979
    harvesting season.

      ``(B) The term `harvesting season' means the period established under
    this Act by the Secretary during which foreign fishing is permitted within
    a United States fishery. For purposes of this subsection, a harvesting
    season is designated by the calendar year in which the last day of the
    harvesting season occurs, regardless whether fishing is not permitted on
    that day due to emergency or other closure of the fishery.

      ``(C) The term `calculation factor' means, with respect to each United
    States fishery, 15 percent of the base harvest.

      ``(D) The term `reduction factor amount' means, with respect to each
    United States fishery, for any harvesting season after the 1980 harvesting
    season--

      ``(i) an amount equal to 15 percent of the base harvest for that fishery,
    if, in addition to the level of harvest by vessels of the United States in
    the designated preceding harvesting season for the fishery, such vessels
    harvest, in one or more harvesting season, not less than 75 percent of the
    calculation factor;

      ``(ii) an amount equal to 10 percent of the base harvest for the fishery,
    if, in addition to the level of harvest by vessels of the United States in
    the designated preceding harvesting season for the fishery, such vessels
    harvest, in one or more harvesting seasons, not less than 50 percent, but
    less than 75 percent, of the calculation factor; or

      ``(iii) an amount equal to 5 percent of the base harvest for the fishery,
    if, in addition to the level of harvest by vessels of the United States in
    the designated previous harvesting season for the fishery, such vessels
    harvest, in one or more harvesting seasons, not less than 25 percent, but
    less than 50 percent, of the calculation factor.

    ``For purposes of this paragraph, the term `designated preceding harvest
    season' means--

      ``(I) until a reduction factor amount is first achieved under this
    paragraph with respect to the fishery concerned, the 1979 harvesting
    season, and

      ``(II) after such amount is first achieved, the most recent harvesting
    season in which a reduction factor amount was achieved.

      ``(E) The term `annual fishing level' for any United States fishery
    during any harvesting season after the 1980 harvesting season is the base
    harvest for the fishery reduced by--

      ``(i) an amount equal to the reduction factor amount for that harvesting
    season; and

      ``(ii) an amount equal to the increased level of harvest by vessels of
    the United States over the level achieved by such vessels in the 1979
    harvesting season for the fishery.

      ``(F) The term `United States fishery' means any fishery subject to the
    exclusive fishery management authority of the United States.
    ---------------------------------------------------------------------------

        ``(2) The total allowable level of foreign fishing, if any, with
    respect to any United States fishery for each harvesting season after
    the 1980 harvesting season shall be--
    ---------------------------------------------------------------------------

      ``(A) the level representing that portion of the optimum yield of such
    fishery that will not be harvested by vessels of the United States as
    determined in accordance with the provisions of this Act (other than those
    relating to the determination of annual fishing levels), or

      ``(B) the annual fishing level determined pursuant to paragraph (3) for
    the harvesting season.
    ---------------------------------------------------------------------------

        ``(3) For each United States fishery, the appropriate fishery
    management council, on a timely basis, may determine and certify to the
    Secretary of State and the Secretary the annual fishing level for that
    fishery for each harvesting season after the 1980 harvesting season.
        ``(4) If with respect to any harvesting season for any United
    States fishery for which the total allowable level of foreign fishing
    is determined under paragraph (2)(B), the Secretary, in consultation
    with the Secretary of State, approves the determination by any
    appropriate fishery management council that any portion of the optimum
    yield for that harvesting season will not be harvested by vessels of
    the United States, the Secretary of State, in accordance with
    subsection (e), may allocate such portion for use during that
    harvesting season by foreign fishing vessels; except that if--
    ---------------------------------------------------------------------------

      ``(A) the making available of such portion (or any part thereof) during
    that harvesting season is determined to be detrimental to the development
    of the United States fishing industry; and

      ``(B) such portion or part will be available for harvest in the
    immediately succeeding harvesting season, as determined on the basis of the
    best available scientific information;

    then such portion or part may be allocated for use by foreign fishing
    vessels in such succeeding harvesting season. The determinations required
    to be made under subparagraphs (A) and (B) of the preceding sentence shall
    be made by the Secretary in consultation with the Secretary of State and on
    the basis of any recommendation of any appropriate fishery management
    council.''.

        (e) Allocation of Allowable Level.--(1) \68\ (A) The
    Secretary of State, in cooperation with the Secretary, may make
    allocations to foreign nations from \69\ the total allowable
    level of foreign fishing which is permitted with respect to
    each fishery subject to the exclusive fishery management
    authority of the United States.
    ---------------------------------------------------------------------------
        \68\ Sec. 2(a)(4) of Public Law 97-453 (96 Stat. 2481) amended and
    restated para. (1). Previously, sec. 3 of Public Law 96-61 (93 Stat.
    407) amended subsec. (e) by designating the existing text as para. (1)
    and adding a new para. (2). In addition, sec. 231 of Public Law 96-561
    (94 Stat. 3297) amended and restated the last sentence of para. (1),
    effective for the 1981 harvesting season and harvesting seasons
    thereafter.
        \69\ Sec. 404(2)(A) of Public Law 98-623 (98 Stat. 3408) struck out
    ``shall determine the allocation among foreign nations of'' and
    inserted in lieu thereof ``may make allocations to foreign nations
    from''.
    ---------------------------------------------------------------------------
        (B) From the determinations made under subparagraph (A),
    the Secretary of State shall compute the aggregate of all of
    the fishery allocations made of each foreign nation.
        (C) The Secretary of State shall initially release to each
    foreign nation for harvesting up to 50 percent of the
    allocations aggregate computed for such nation under
    subparagraph (B), and such release of allocation shall be
    apportioned by the Secretary of State, in cooperation with the
    Secretary, among the individual fishery allocations determined
    for that nation under subparagraph (A). The basis on which each
    apportionment is made under this subparagraph shall be stated
    in writing by the Secretary of State.
        (D) After the initial release of fishery allocations under
    subparagraph (C) to a foreign nation, any subsequent release of
    an allocation for any fishery to such nation shall only be
    made--
              (i) after the lapse of such period of time as may be
            sufficient for purposes of making the determination
            required under clause (ii); and
              (ii) if the Secretary of State and the Secretary,
            after taking into account the size of the allocation
            for such fishery and the length and timing of the
            fishing season, determine in writing that such nation
            is complying with the purposes and intent of this
            paragraph with respect to such fishery.
    If the foreign nation is not determined under clause (ii) to be
    in such compliance, the Secretary of State shall reduce, in a
    manner and quantity he considers to be appropriate (I) the
    remainder of such allocation, or (II) if all of such allocation
    has been released, the next allocation of such fishery, if any,
    made to such nation.
        (E) The determinations required to be made under
    subparagraphs (A) and (D)(ii), and the apportionments required
    to be made under subparagraph (C), with respect to a foreign
    nation shall be based on--
              (i) whether, and to what extent, such nation imposes
            tariff barriers or nontariff barriers on the
            importation, or otherwise restricts the market access,
            of both \70\ United States fish and \70\ fishery
            products, particularly fish and fishery products for
            which the foreign nation has requested as allocation;
            \70\
    ---------------------------------------------------------------------------
        \70\ Sec. 404(2)(B) of Public Law 98-623 (98 Stat. 3408) amended
    clause (i) by inserting ``both'', by striking out ``or'' and inserting
    in lieu thereof ``and'', and by adding the final phrase beginning with
    the words ``, particularly fish and fishery products''.
    ---------------------------------------------------------------------------
              (ii) \71\ whether, and to what extent, such nation is
            cooperating with the United States in both the
            advancement of existing and new opportunities for
            fishery exports from the United States through the
            purchase of fishery products from United States
            processors, and the advancement of fisheries trade
            through the purchase of fish and fishery products from
            United States fishermen, particularly fish and fishery
            products for which the foreign nation has requested an
            allocation;
    ---------------------------------------------------------------------------
        \71\ Sec. 404(2)(C) of Public Law 98-623 (98 Stat. 3408) amended
    and restated clause (ii). It previously read as follows:
        ``(ii) Whether, and to what extent, such nation is cooperating with
    the United States in the advancement of existing and new opportunities
    for fisheries trade, particularly through the purchase of fish or
    fishery products from United States processors or from United States
    fishermen;''.
    ---------------------------------------------------------------------------
              (iii) whether, and to what extent, such nation and
            the fishing fleets of such nation have cooperated with
            the United States in the enforcement of United States
            fishing regulations;
              (iv) whether, and to what extent, such nation
            requires the fish harvested from the exclusive economic
            zone \59\ or special areas \72\ for its domestic
            consumption;
    ---------------------------------------------------------------------------
        \72\ Sec. 301(d)(2) of Public Law 102-251 (106 Stat. 63) inserted
    ``or special areas''.
    ---------------------------------------------------------------------------
              (v) whether, and to what extent, such nation
            otherwise contributes to, or fosters the growth of, a
            sound and economic United States fishing industry,
            including minimizing gear conflicts with fishing
            operations of United States fishermen, and transferring
            harvesting or processing technology which will benefit
            the United States fishing industry;
              (vi) whether, and to what extent, the fishing vessels
            of such nation have traditionally engaged in fishing in
            such fishery;
              (vii) whether, and to what extent, such nation is
            cooperating with the United States in, and making
            substantial contributions to, fishery research and the
            identification of fishery resources; and
              (viii) such other matters as the Secretary of State,
            in cooperation with the Secretary, deems appropriate.
        (2) \73\ (A) For the purposes of this paragraph--
    ---------------------------------------------------------------------------
        \73\ Sec. 3 of Public Law 96-61 (93 Stat. 407) added para. (2).
    ---------------------------------------------------------------------------
              (i) The term ``certification'' means a certification
            made by the Secretary that nationals of a foreign
            country, directly or indirectly, are conducting fishing
            operations or engaging in trade or taking which
            diminishes the effectiveness of the International
            Convention for the Regulation of Whaling. A
            certification under this section shall also be deemed a
            certification for the purposes of section 8(a) of the
            Fisherman's Protective Act of 1967 (22 U.S.C. 1978(a)).
              (ii) The term ``remedial period'' means the 365-day
            period beginning on the date on which a certification
            is issued with respect to a foreign country.
        (B) If the Secretary issues a certification with respect to
    any foreign country, then each allocation under paragraph (1)
    that--
              (i) is in effect for that foreign country on the date
            of issuance; or
              (ii) is not in effect on such date but would, without
            regard to this paragraph, be made to the foreign
            country within the remedial period;
    shall be reduced by the Secretary of State, in consultation
    with the Secretary, by not less than 50 percent.
        (C) The following apply for purposes of administering
    subparagraph (B) with respect to any foreign country:
              (i) If on the date of certification, the foreign
            country has harvested a portion, but not all, of the
            quantity of fish specified under any allocation, the
            reduction under subparagraph (B) for that allocation
            shall be applied with respect to the quantity not
            harvested as of such date.
              (ii) If the Secretary notified the Secretary of State
            that it is not likely that the certification of a
            foreign country will be terminated under section 8(d)
            of the Fishermen's Protective Act of 1967 before the
            close of the period for which an allocation is
            applicable or before the close of the remedial period
            (whichever close first occurs) the Secretary of State,
            in consultation with the Secretary, shall reallocate
            any portion of any reduction made under subparagraph
            (B) among one or more foreign countries for which no
            certification is in effect.
              (iii) If the certification is terminated under such
            section 8(d) during the remedial period, the Secretary
            of State shall return to the foreign country that
            portion of any allocation reduced under subparagraph
            (B) that was not reallocated under clause (ii); unless
            the harvesting of the fish covered by the allocation is
            otherwise prohibited under this Act.
              (iv) The Secretary may refund or credit, by reason of
            reduction of any allocation under this paragraph, any
            fee paid under section 204.
        (D) If the certification of a foreign country is not
    terminated under section 8(d) of the Fishermen's Protective Act
    of 1967 before the close of the last day of the remedial
    period, the Secretary of State--
              (i) with respect to any allocation made to that
            country and in effect (as reduced under subparagraph
            (B)) on such last day, shall rescind, effective on and
            after the day after such last day, any unharvested
            portion of such allocation; and
              (ii) may not thereafter make any allocation to that
            country under paragraph (1) until the certification is
            terminated.
        (f) \74\ Reciprocity.--Foreign fishing shall not be
    authorized for the fishing vessels of any foreign nation unless
    such nation satisfies the Secretary and the Secretary of State
    that such nation extends substantially the same fishing
    privileges to fishing vessels of the United States, if any, as
    the United States extends to foreign fishing vessels.
    ---------------------------------------------------------------------------
        \74\ Sec. 4(3) of Public Law 95-354 (Stat. 519) redesignated
    subsecs. (f) and (g) as (g) and (h), respectively, and added a new
    subsec. (f), requiring an annual report from the Secretary of the
    Treasury on allocations made to foreign nations. Subsec. (f) was
    subsequently repealed by sec. 139(24) of the Foreign Relations
    Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108
    Stat. 399). Sec. 105(a)(3) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3563) repealed subsec. (f) again, and sec. 105(a)(4)
    of that Act redesignated subsecs. (g) through (j) as subsecs. (f)
    through (i).
    ---------------------------------------------------------------------------
        (g) \74\ Preliminary Fishery Management Plans.--The
    Secretary, when notified by the Secretary of State that any
    foreign nation has submitted an application under section
    204(b), shall prepare a preliminary fishery management plan for
    any fishery covered by such application if the Secretary
    determines that no fishery management plan for that fishery
    will be prepared and implemented, pursuant to title III, before
    March 1, 1977. To the extent practicable, each such plan--
              (1) \75\ shall contain a preliminary description of
            the fishery and a preliminary determination as to--
    ---------------------------------------------------------------------------
        \75\ Sec. 4(4) of Public Law 95-354 amended para. (1) by
    effectively adding the text of subpara. (B).
    ---------------------------------------------------------------------------
                      (A) the optimum yield from such fishery;
                      (B) when appropriate, the capacity and extent
                    to which United States fish processors will
                    process that portion of such optimum yield that
                    will be harvested by vessels of the United
                    States; and
                      (C) the total allowable level of foreign
                    fishing with respect to such fishery;
              (2) shall require each foreign fishing vessel engaged
            or wishing to engage in such fishery to obtain a permit
            from the Secretary;
              (3) shall require the submission of pertinent data to
            the Secretary, with respect to such fishery, as
            described in section 303(a)(5); and
              (4) may, to the extent necessary to prevent
            irreversible effects from overfishing, with respect to
            such fishery, contain conservation and management
            measures applicable to foreign fishing which--
                      (A) are determined to be necessary and
                    appropriate for the conservation and management
                    of such fishery,
                      (B) are consistent with the national
                    standards, the other provisions of this Act,
                    and other applicable law, and
                      (C) are described in section 303(b) (2), (3),
                    (4), (5), and (7).
    Each preliminary fishery management plan shall be in effect
    with respect to foreign fishing for which permits have been
    issued until a fishery management plan is prepared and
    implemented, pursuant to title III, with respect to such
    fishery. The Secretary may in accordance with section 553 of
    title 5, United States Code, also prepare and promulgate
    interim regulations with respect to any such preliminary plan.
    Such regulations shall be in effect until regulations
    implementing the applicable fishery management plan are
    promulgated pursuant to section 305.
        (h) \74\, \76\ Full Observer Coverage Program.--
    (1)(A) Except as provided in paragraph (2), the Secretary shall
    establish a program under which a United States observer will
    be stationed aboard each foreign fishing vessel while that
    vessel is engaged in fishing within the exclusive economic zone
    \59\ or special areas.\77\
    ---------------------------------------------------------------------------
        \76\ Sec. 236 of Public Law 96-561 (94 Stat. 3299) added subsec.
    (i). Sec. 237 of the same Act stated that subsec. (i) shall take effect
    on October 1, 1981, and shall apply to permits issued under sec. 204 of
    this Act after December 31, 1981.
        \77\ Sec. 301(d)(3) of Public Law 102-251 (106 Stat. 63) inserted
    ``or special areas''.
    ---------------------------------------------------------------------------
        (B) \78\ The Secretary shall by regulation prescribe
    minimum health and safety standards that shall be maintained
    aboard each foreign fishing vessel with regard to the
    facilities provided for the quartering of, and the carrying out
    of observer functions by, United States observers.
    ---------------------------------------------------------------------------
        \78\ Sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708) added
    subpara. (B).
    ---------------------------------------------------------------------------
        (2) The requirement in paragraph (1) that a United States
    observer be placed aboard each foreign fishing vessel may be
    waived by the Secretary if he finds that--
              (A) in a situation where a fleet of harvesting
            vessels transfers its catch taken within the exclusive
            economic zone \79\ or special areas \77\ to another
            vessel, aboard which is a United States observer, the
            stationing of United States observers on only a portion
            of the harvesting vessel fleet will provide a
            representative sampling of the by-catch of the fleet
            that is sufficient for purposes of determining whether
            the requirements of the applicable management plans for
            the by-catch species are being complied with;
    ---------------------------------------------------------------------------
        \79\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery
    conservation zone'' and inserted in lieu thereof ``exclusive economic
    zone'' throughout this Act.
    ---------------------------------------------------------------------------
              (B) \80\ in a situation where the foreign fishing
            vessel is operating under a Pacific Insular Area
            fishing agreement, the Governor of the applicable
            Pacific Insular Area, in consultation with the Western
            Pacific Council, has established an observer coverage
            program that is at least equal in effectiveness to the
            program established by the Secretary;
    ---------------------------------------------------------------------------
        \80\ Sec. 105(a)(5) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3564) redesignated subparas. (B) and (C) as
    subparas. (C) and (D), and added a new subpara. (B).
    ---------------------------------------------------------------------------
              (C) \81\ the time during which a foreign fishing
            vessel will engage in fishing within the exclusive
            economic zone or special areas \77\ will be of such
            short duration that the placing of a United States
            observer aboard the vessel would be impractical; or
    ---------------------------------------------------------------------------
        \81\ Sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708) added
    subpara. (C) as subpara. (B). Sec. 105(a)(5) of the Sustainable
    Fisheries Act (Public Law 104-297; 110 Stat. 3564) redesignated
    subpara. (B) as subpara. (C).
    ---------------------------------------------------------------------------
              (D) \80\ for reasons beyond the control of the
            Secretary, an observer is not available.
        (3) \82\ Observers, while stationed aboard foreign fishing
    vessels, shall carry out such scientific, compliance
    monitoring, and other functions as the Secretary deems
    necessary or appropriate to carry out the purposes of this Act;
    and shall cooperate in carrying out such other scientific
    programs relating to the conservation and management of living
    resources as the Secretary deems appropriate.
    ---------------------------------------------------------------------------
        \82\ Sec. 2(a)(5)(A)(i) of Public Law 97-453 (96 Stat. 2482)
    amended and restated para. (3). It formally read as follows:
        ``(3) United States observers, while aboard foreign fishing
    vessels, shall carry out such scientific and other functions as the
    Secretary deems necessary or appropriate to carry out the purposes of
    this Act.''.
    ---------------------------------------------------------------------------
        (4) In addition to any fee imposed under section 204(b)(10)
    of this Act and section 10(e) of the Fishermen's Protective Act
    of 1967 (22 U.S.C. 1980(e)) with respect to foreign fishing for
    any year after 1980, the Secretary shall impose, with respect
    to each foreign fishing vessel for which a permit is issued
    under such section 204, a surcharge in an amount sufficient to
    cover all the costs of providing a United States observer
    aboard that vessel. The failure to pay any surcharge imposed
    under this paragraph shall be treated by the Secretary as a
    failure to pay the permit fee for such vessel under section
    204(b)(10). All surcharges collected by the Secretary under
    this paragraph shall be deposited in the Foreign Fishing
    Observer Fund established by paragraph (5).\83\
    ---------------------------------------------------------------------------
        \83\ The Departments of Commerce, Justice, and State, the
    Judiciary, and Related Agencies Appropriations Act, 2003 (Division B of
    sec. 3 of Public Law 108-7; 117 Stat. 7), provided:
    ---------------------------------------------------------------------------

    ``foreign fishing observer fund
    ---------------------------------------------------------------------------

        ``For expenses necessary to carry out the provisions of the
    Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339),
    the Magnuson-Stevens Fishery Conservation and Management Act of 1976,
    as amended (Public Law 100-627), the American Fisheries Promotion Act
    (Public Law 96-561) and the International Dolphin Conservation Program
    Act (Public Law 105-42), to be derived from the fees imposed under the
    foreign fishery observer program authorized by these Acts, not to
    exceed $1,000, to remain available until expended.''.
    ---------------------------------------------------------------------------
        (5) There is established in the Treasury of the United
    States the Foreign Fishing Observer Fund. The Fund shall be
    available to the Secretary as a revolving fund for the purpose
    of carrying out this subsection. The Fund shall consist of the
    surcharges deposited into it as required under paragraph (4).
    All payments made by the Secretary to carry out this subsection
    shall be paid from the Fund, only to the extent and in the
    amounts provided for in advance in appropriation Acts. Sums in
    the Fund which are not currently needed for the purposes of
    this subsection shall be kept on deposit or invested in
    obligations of, or guaranteed by, the United States.
        (6) \84\ If at any time the requirement set forth in
    paragraph (1) cannot be- met because of insufficient
    appropriations, the Secretary shall, in implementing a
    supplementary observer program:
    ---------------------------------------------------------------------------
        \84\ Sec. 2(a)(5)(A)(ii) of Public Law 97-453 (96 Stat. 2482) added
    para. (6), effective January 1, 1984.
    ---------------------------------------------------------------------------
              (A) certify as observers, for the purposes of this
            subsection, individuals who are citizens or nationals
            of the United States and who have the requisite
            education or experience to carry out the functions
            referred to in paragraph (3);
              (B) establish standards of conduct for certified
            observers equivalent to those applicable to Federal
            personnel;
              (C) establish a reasonable schedule of fees that
            certified observers or their agents shall be paid by
            the owners and operators of foreign fishing vessels for
            observer services; and
              (D) monitor the performance of observers to ensure
            that it meets the purposes of this Act.
        (i) \74\, \85\ Recreational Fishing.--
    Notwithstanding any other provision of this title, foreign
    fishing vessels which are not operated for profit may engage in
    recreational fishing within the exclusive economic zone \86\ or
    special areas \87\ and the waters within the boundaries of a
    State subject to obtaining such permits, paying such reasonable
    fees, and complying with such conditions and restrictions as
    the Secretary and the Governor of the State (or his designee)
    shall impose as being necessary or appropriate to insure that
    the fishing activity of such foreign vessels within such zone,
    areas,\88\ or waters, respectively, is consistent with all
    applicable Federal and State laws and any applicable fishery
    management plan implemented under section 304.\89\ The
    Secretary shall consult with the Secretary of State and the
    Secretary of the Department in which the Coast Guard is
    operating in formulating the conditions and restrictions to be
    applied by the Secretary under the authority of this
    subsection.
    ---------------------------------------------------------------------------
        \85\ Sec. 2(a)(6) of Public Law 97-453 (96 Stat. 2483) added
    subsec. (j), since redesignated as subsec. (i).
        \86\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery
    conservation zone'' and inserted in lieu thereof ``exclusive economic
    zone'' throughout this Act.
        \87\ Sec. 301(d)(4)(A) of Public Law 102-251 (106 Stat. 63)
    inserted ``or special areas''.
        \88\ Sec. 301(d)(4)(B) of Public Law 102-251 (106 Stat. 63)
    inserted ``, areas'' after ``such zone''.
        \89\ Sec. 105(a)(6) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3564) struck out ``305'' and inserted in lieu
    thereof ``304''.
    ---------------------------------------------------------------------------

    SEC. 202.\90\ INTERNATIONAL FISHERY AGREEMENTS.

        (a) Negotiations.--The Secretary of State--
    ---------------------------------------------------------------------------
        \90\ 16 U.S.C. 1822. See also sec. 801 of the Fishery Conservation
    Amendments of 1990 (Public Law 101-627).
    ---------------------------------------------------------------------------
              (1) shall renegotiate treaties as provided for in
            subsection (b);
              (2) shall negotiate governing international fishery
            agreements described in section 201(c);
              (3) may negotiate boundary agreements as provided for
            in subsection (d);
              (4) shall, upon the request of and in cooperation
            with the Secretary, initiate and conduct negotiations
            for the purpose of entering into international fishery
            agreements--
                      (A) which allow fishing vessels of the United
                    States equitable access to fish over which
                    foreign nations assert exclusive fishery
                    management authority, and
                      (B) which provide for the conservation and
                    management of anadromous species and highly
                    migratory species; and
              (5) may enter into such other negotiations, not
            prohibited by subsection (c), as may be necessary and
            appropriate to further the purposes, policy, and
            provisions of this Act.
        (b) Treaty Renegotiation.--The Secretary of State, in
    cooperation with the Secretary, shall initiate, promptly after
    the date of enactment of this Act, the renegotiation of any
    treaty which pertains to fishing within the exclusive economic
    zone \86\ (or within the area that will constitute such zone
    after February 28, 1977) or special areas,\91\ or for
    anadromous species or Continental Shelf fishery resources
    beyond such zone or areas,\92\ and which is in any manner
    inconsistent with the purposes, policy, or provisions of this
    Act, in order to conform such treaty to such purposes, policy,
    and provisions. It is the sense of Congress that the United
    States shall withdraw from any such treaty, in accordance with
    its provisions, if such treaty is not so renegotiated within a
    reasonable period of time after such date of enactment.
    ---------------------------------------------------------------------------
        \91\ Sec. 301(e)(1)(A) of Public Law 102-251 (106 Stat. 63)
    inserted ``or special areas'' after ``February 28, 1977)''.
        \92\ Sec. 301(e)(1)(B) of Public Law 102-251 (106 Stat. 63) struck
    out ``such zone or area'' and inserted in lieu thereof ``such zone or
    areas'' .
    ---------------------------------------------------------------------------
        (c) International Fishery Agreements.--No international
    fishery agreement (other than a treaty) which pertains to
    foreign fishing within the exclusive economic zone \86\ (or
    within the area that will constitute such zone after February
    28, 1977) or special areas,\93\ or for anadromous species or
    Continental Shelf fishery resources beyond such zone or areas--
    \94\
    ---------------------------------------------------------------------------
        \93\ Sec. 301(e)(2)(A) of Public Law 102-251 (106 Stat. 63)
    inserted ``or special areas''.
        \94\ Sec. 301(e)(2)(B) of Public Law 102-251 (106 Stat. 63) struck
    out ``such zone or area'' and inserted in lieu thereof ``such zone or
    areas''.
    ---------------------------------------------------------------------------
              (1) which is in effect on June 1, 1976, may
            thereafter be renewed, extended, or amended; or
              (2) may be entered into after May 31, 1976;
    by the United States unless it is in accordance with the
    provisions of section 201(c) or section 204(e).\95\
    ---------------------------------------------------------------------------
        \95\ Sec. 105(b)(1) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3564) inserted ``or section 204(e)''.
    ---------------------------------------------------------------------------
        (d) Boundary Negotiations.--The Secretary of State, in
    cooperation with the Secretary, may initiate and conduct
    negotiations with any adjacent or opposite foreign nation to
    establish the boundaries of the exclusive economic zone \86\ of
    the United States in relation to any such nation.
        (e) \96\ Highly Migratory Species Agreements.--
    ---------------------------------------------------------------------------
        \96\ Sec. 105(a) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4439) redesignated subsec. (e) as (f)
    and added a new (e).
    ---------------------------------------------------------------------------
              (1) Evaluation.--The Secretary of State, in
            cooperation with the Secretary, shall evaluate the
            effectiveness of each existing international fishery
            agreement which pertains to fishing for highly
            migratory species. Such evaluation shall consider
            whether the agreement provides for--
                      (A) the collection and analysis of necessary
                    information for effectively managing the
                    fishery, including but not limited to
                    information about the number of vessels
                    involved, the type and quantity of fishing gear
                    used, the species of fish involved and their
                    location, the catch and bycatch levels in the
                    fishery, and the present and probable future
                    condition of any stock of fish involved.
                      (B) the establishment of measures applicable
                    to the fishery which are necessary and
                    appropriate for the conservation and management
                    of the fishery resource involved;
                      (C) equitable arrangements which provide
                    fishing vessels of the United States with (i)
                    access to the highly migratory species that are
                    the subject of the agreement and (ii) a portion
                    of the allowable catch that reflects the
                    traditional participation by such vessels in
                    the fishery;
                      (D) effective enforcement of conservation and
                    management measures and access arrangements
                    throughout the area of jurisdiction; and
                      (E) sufficient and dependable funding to
                    implement the provisions of the agreement,
                    based on reasonable assessments of the benefits
                    derived by participating nations.
              (2) Access negotiations.--The Secretary of State, in
            cooperation with the Secretary, shall initiate
            negotiations with respect to obtaining access for
            vessels of the United States fishing for tuna species
            within the exclusive economic zones of other nations on
            reasonable terms and conditions.
              (3) Reports.--The Secretary of State shall report to
            the Congress--
                      (A) within 12 months after the date of
                    enactment of this subsection, on the results of
                    the evaluation required under paragraph (1).
                    together with recommendations for addressing
                    any inadequacies identified; and
                      (B) within six months after such date of
                    enactment, on the results of the access
                    negotiations required under paragraph (2).
              (4) Negotiation.--The Secretary of State, in
            consultation with the Secretary, shall undertake such
            negotiations with respect to international fishery
            agreements on highly migratory species as are necessary
            to correct inadequacies identified as a result of the
            evaluation conducted under paragraph (1).
              (5) South pacific tuna treaty.--It is the sense of
            the Congress that the United States Government shall,
            at the earliest opportunity, begin negotiations for the
            purpose of extending the Treaty on Fisheries Between
            the Governments of Certain Pacific Island States and
            the Government of the United States of America, signed
            at Port Moresby, Papua New Guinea, April 2, 1987, and
            it \97\ Annexes, Schedules, and implementing agreements
            for an additional term of 10 years on terms and
            conditions at least as favorable to vessels of the
            United States and the United States Government.
    ---------------------------------------------------------------------------
        \97\ So in original. Should read ``its''.
    ---------------------------------------------------------------------------
        (f) \96\ Nonrecognition.--It is the sense of the Congress
    that the United States Government shall not recognize the claim
    of any foreign nation to an exclusive economic zone
    \86\, \98\ (or the equivalent) beyond such nation's
    territorial sea, to the extent that such sea is recognized by
    the United States, if such nation--
    ---------------------------------------------------------------------------
        \98\ Sec. 120(a) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4459) struck out ``a exclusive economic
    zone'' and inserted in lieu thereof ``an exclusive economic zone''.
    ---------------------------------------------------------------------------
              (1) fails to consider and take into account
            traditional fishing activity of fishing vessels of the
            United States;
              (2) fails to recognize and accept that highly
            migratory species are to be managed by applicable
            international fishery agreements, whether or not such
            nation is a party to any such agreement; or
              (3) imposes on fishing vessels of the United States
            any conditions or restrictions which are unrelated to
            fishery conservation and management.
        (g) \99\ Fishery Agreement With Union of Soviet Socialist
    Republics.--(1) The Secretary of State, in consultation with
    the Secretary, is authorized to negotiate and conclude a
    fishery agreement with Russia of a duration of no more than 3
    years, pursuant to which--
    ---------------------------------------------------------------------------
        \99\ Sec. 301(e)(3) of Public Law 102-251 (106 Stat. 63) added
    subsec. (g).
    ---------------------------------------------------------------------------
              (A) Russia will give United States fishing vessels
            the opportunity to conduct traditional fisheries within
            waters claimed by the United States prior to the
            conclusion of the Agreement between the United States
            of America and the Union of Soviet Socialist Republics
            on the Maritime Boundary, signed June 1, 1990, west of
            the maritime boundary, including the western special
            area described in Article 3(2) of the Agreement;
              (B) the United States will give fishing vessels of
            Russia the opportunity to conduct traditional fisheries
            within waters claimed by the Union of Soviet Socialist
            Republics prior to the conclusion of the Agreement
            referred to in subparagraph (A), east of the maritime
            boundary, including the eastern special areas described
            in Article 3(1) of the Agreement;
              (C) catch data shall be made available to the
            government of the country exercising fisheries
            jurisdiction over the eaters in which the catch
            occurred; and
              (D) each country shall have the right to place
            observers on board vessels of the other country and to
            board and inspect such vessels.
        (2) Vessels operating under a fishery agreement negotiated
    and concluded pursuant to paragraph (1) shall be subject to
    regulations and permit requirements of the country in whose
    waters the fisheries are conducted only to the extent such
    regulations and permit requirements are specified in that
    agreement.
        (3) The Secretary of Commerce may promulgate such
    regulations, in accordance with section 553 of title 5, United
    States Code, as may be necessary to carry out the provisions of
    any fishery agreement negotiated and concluded pursuant to
    paragraph (1).
        (h) \100\ Bycatch Reduction Agreements.--
    ---------------------------------------------------------------------------
        \100\ Sec. 105(b)(2) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3564) added subsec. (h).
    ---------------------------------------------------------------------------
              (1) The Secretary of State, in cooperation with the
            Secretary, shall seek to secure an international
            agreement to establish standards and measures for
            bycatch reduction that are comparable to the standards
            and measures applicable to United States fishermen for
            such purposes in any fishery regulated pursuant to this
            Act for which the Secretary, in consultation with the
            Secretary of State, determines that such an
            international agreement is necessary and appropriate.
              (2) An international agreement negotiated under this
            subsection shall be--
                      (A) consistent with the policies and purposes
                    of this Act; and
                      (B) subject to approval by Congress under
                    section 203.
              (3) Not later than January 1, 1997, and annually
            thereafter, the Secretary, in consultation with the
            Secretary of State, shall submit to the Committee on
            Commerce, Science, and Transportation of the Senate and
            the Committee on Resources of the House of
            Representatives a report describing actions taken under
            this subsection.

    SEC. 203.\101\ CONGRESSIONAL OVERSIGHT OF INTERNATIONAL FISHERY
                        AGREEMENTS.

        (a) In General.--No governing international fishery
    agreement, bycatch reduction agreement, or Pacific Insular Area
    fishery agreement \102\ shall become effective with respect to
    the United States before the close of the first 120 days
    (excluding any days in a period for which the Congress is
    adjourned sine die) \103\ after the date on which the President
    transmits to the House of Representatives and to the Senate a
    document setting forth the text of such governing international
    fishery agreement, bycatch reduction agreement, or Pacific
    Insular Area fishery agreement.\102\ A copy of the document
    shall be delivered to each House of Congress on the same day
    and shall be delivered to the Clerk of the House of
    Representatives, if the House is not in session, and to the
    Secretary of the Senate, if the Senate is not in session.
    ---------------------------------------------------------------------------
        \101\ 16 U.S.C. 1823. Sec. 105(c)(1) of the Sustainable Fisheries
    Act (Public Law 104-297; 110 Stat. 3564) struck out ``GOVERNING'' in
    the section catchline. See related Public Laws beginning at page 113.
        Sec. 101 of Public Law 105-384 (112 Stat. 3451) provided the
    following:
        ``Notwithstanding section 203 of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1823), the governing
    international fishery agreement between the Government of the United
    States of America and the Government of the Republic of Poland, as
    contained in the message to Congress from the President of the United
    States dated February 5, 1998, is approved as a governing international
    fishery agreement for the purposes of such Act and shall enter into
    force and effect with respect to the United States on the date of the
    enactment of this Act.''.
        \102\ Sec. 105(c)(2) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3564) struck out ``agreement'' each place it
    appeared in subsec. (a) and inserted in lieu thereof ``agreement,
    bycatch reduction agreement, or Pacific Insular Area fishery
    agreement''.
        \103\ Sec. 105(c)(3) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3564) struck out ``60 calendar days of continuous
    session of the Congress'' and inserted in lieu thereof ``120 days
    (excluding any days in a period for which the Congress is adjourned
    sine die)''.
    ---------------------------------------------------------------------------
        (b) Referral to Committees.--Any document described in
    subsection (a) shall be immediately referred in the House of
    Representatives to the Committee on Merchant Marine and
    Fisheries,\104\ and in the Senate to the Committees on
    Commerce, Science, and Transportation and on \105\ Foreign
    Relations.
    ---------------------------------------------------------------------------
        \104\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided
    that references to the Committee on Merchant Marine and Fisheries of
    the House of Representatives shall be treated as referring to--
    ---------------------------------------------------------------------------

      (A) the Committee on Agriculture, in the case of a provision of law
    relating to inspection of seafood or seafood products;

      (B) the Committee on National Security, in the case of a provision of law
    relating to interoceanic canals, the Merchant Marine Academy and State
    Maritime Academies, or national security aspects of merchant marine;

      (C) the Committee on Resources, in the case of a provision of law
    relating to fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures relating to
    oil and other pollution of navigable waters, or oceanography;

      (D) the Committee on Science, in the case of a provision of law relating
    to marine research; and

      (E) the Committee on Transportation, in the case of a provision of law
    relating to a matter other than a matter described in any of subparagraphs
    (A) through (D).
    ---------------------------------------------------------------------------

        \105\ Sec. 6(x)(1) of Public Law 103-437 (108 Stat. 4587) struck
    out ``Commerce and'' and inserted in lieu thereof ``Commerce, Science,
    and Transportation and on''.
    ---------------------------------------------------------------------------
        (c) \106\ Congressional Procedures.--
    ---------------------------------------------------------------------------
        \106\ Sec. 105(c)(4) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3564) struck out subsec. (c), which had provided for
    the calculation of the 60-day period. Sec. 105(c)(5) of that Act
    further redesignated subsec. (d) as subsec. (c).
    ---------------------------------------------------------------------------
              (1) Rules of the house of representatives and
            senate.--The provisions of this section are enacted by
            the Congress--
                      (A) as an exercise of the rulemaking power of
                    the House of Representatives and the Senate,
                    respectively, and they are deemed a part of the
                    rules of each House, respectively, but
                    applicable only with respect to the procedure
                    to be followed in that House in the case of
                    fishery agreement resolutions described in
                    paragraph (2), and they supersede other rules
                    only to the extent that they are inconsistent
                    therewith; and
                      (B) with full recognition of the
                    constitutional right of either House to change
                    the rules (so far as they relate to the
                    procedure of that House) at any time, and in
                    the same manner and to the same extent as in
                    the case of any other rule of that House.
              (2) Definition.--For purposes of this subsection, the
            term ``fishery agreement resolution'' refers to a joint
            resolution of either House of Congress--
                      (A) the effect of which is to prohibit the
                    entering into force and effect of any governing
                    international fishery agreement, bycatch
                    reduction agreement, or Pacific Insular Area
                    fishery agreement \107\ the text of which is
                    transmitted to the Congress pursuant to
                    subsection (a); and
    ---------------------------------------------------------------------------
        \107\ Sec. 105(c)(6) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3564) struck out ``agreement'' and inserted in lieu
    thereof ``agreement, bycatch reduction agreement, or Pacific Insular
    Area fishery agreement''.
    ---------------------------------------------------------------------------
                      (B) which is reported from the Committee on
                    Merchant Marine and Fisheries of the House of
                    Representatives \104\ or the Committee on
                    Commerce, Science, and Transportation \108\ or
                    the Committee on Foreign Relations of the
                    Senate, not later than 45 days after the date
                    on which the document described in subsection
                    (a) relating to that agreement is transmitted
                    to the Congress.
    ---------------------------------------------------------------------------
        \108\ Sec. 6(x)(2) of Public Law 103-437 (108 Stat. 4587) struck
    out ``Commerce'' and inserted in lieu thereof ``Commerce, Science, and
    Transportation''.
    ---------------------------------------------------------------------------
              (3) Placement on calendar.--Any fishery agreement
            resolution upon being reported shall immediately be
            placed on the appropriate calendar.
              (4) Floor consideration in the house.--
                      (A) A motion in the House of Representatives
                    to proceed to the consideration of any fishery
                    agreement resolution shall be highly privileged
                    and not debatable. An amendment to the motion
                    shall not be in order, nor shall it be in order
                    to move to reconsider the vote by which the
                    motion is agreed to or disagreed to.
                      (B) Debate in the House of Representatives on
                    any fishery agreement resolution shall be
                    limited to not more than 10 hours, which shall
                    be divided equally between those favoring and
                    those opposing the resolution. A motion further
                    to limit debate shall not be debatable. It
                    shall not be in order to move to recommit any
                    fishery agreement resolution or to move to
                    reconsider the vote by which any fishery
                    agreement resolution is agreed to or disagreed
                    to.
                      (C) Motions to postpone, made in the House of
                    Representatives with respect to the
                    consideration of any fishery agreement
                    resolution, and motions to proceed to the
                    consideration of other business, shall be
                    decided without debate.
                      (D) All appeals from the decisions of the
                    Chair relating to the application of the Rules
                    of the House of Representatives to the
                    procedure relating to any fishery agreement
                    resolution shall be decided without debate.
                      (E) Except to the extent specifically
                    provided in the preceding provisions of this
                    subsection, consideration of any fishery
                    agreement resolution shall be governed by the
                    Rules of the House of Representatives
                    applicable to other bills and resolutions in
                    similar circumstances.
              (5) Floor consideration in the senate.--
                      (A) A motion in the Senate to proceed to the
                    consideration of any fishery agreement
                    resolution shall be privileged and not
                    debatable. An amendment to the motion shall not
                    be in order, nor shall it be in order to move
                    to reconsider the vote by which the motion is
                    agreed to or disagreed to.
                      (B) Debate in the Senate on any fishery
                    agreement resolution and on all debatable
                    motions and appeals in connection therewith
                    shall be limited to not more than 10 hours. The
                    time shall be equally divided between, and
                    controlled by, the majority leader and the
                    minority leader or their designees.
                      (C) Debate in the Senate on any debatable
                    motion or appeal in connection with any fishery
                    agreement resolution shall be limited to not
                    more than 1 hour, to be equally divided
                    between, and controlled by, the mover of the
                    motion or appeal and the manager of the
                    resolution, except that if the manager of the
                    resolution is in favor of any such motion or
                    appeal, the time in opposition thereto shall be
                    controlled by the minority leader or his
                    designee. The majority leader and the minority
                    leader, or either of them, may allot additional
                    time to any Senator during the consideration of
                    any debatable motion or appeal, from the time
                    under their control with respect to the
                    applicable fishery agreement resolution.
                      (D) A motion in the Senate to further limit
                    debate is not debatable. A motion to recommit
                    any fishery agreement resolution is not in
                    order.

    SEC. 204.\109\ PERMITS FOR FOREIGN FISHING.

        (a) In General.--After February 28, 1977, no foreign
    fishing vessel shall engage in fishing within the exclusive
    economic zone \86\ within the special areas \110\ or for
    anadromous species or Continental Shelf fishery resources
    beyond such zone or areas,\111\ unless such vessel has on board
    a valid permit issued under this section for such vessel.
    ---------------------------------------------------------------------------
        \109\ 16 U.S.C. 1824.
        \110\ Sec. 301(f)(1) of Public Law 102-251 (106 Stat. 64) inserted
    ``within the special areas''.
        \111\ Sec. 301(f)(2) of Public Law 102-251 (106 Stat. 64) inserted
    ``or areas''.
    ---------------------------------------------------------------------------
        (b) Applications and Permits Under Government International
    Fishery Agreements.--
              (1) Eligibility.--Each foreign nation with which the
            United States has entered into a governing
            international fishery agreement shall submit an
            application to the Secretary of State each year for a
            permit for each of its fishing vessels that wishes to
            engage in fishing described in subsection (a). No
            permit issued under this section may be valid for
            longer than a year; and section 558(c) of title 5,
            United States Code, does not apply to the renewal of
            any such permit.\112\
    ---------------------------------------------------------------------------
        \112\ Sec. 102(1) of Public Law 99-659 (100 Stat. 3707) added this
    sentence.
    ---------------------------------------------------------------------------
              (2) Forms.--The Secretary, in consultation with the
            Secretary of State and the Secretary of the department
            in which the Coast Guard is operating, shall prescribe
            the forms for permit applications submitted under this
            subsection and for permits issued pursuant to any such
            application.
              (3) Contents.--Any application made under this
            subsection shall specify--
                      (A) the name and official number or other
                    identification of each fishing vessel for which
                    a permit is sought, together with the name and
                    address of the owner thereof;
                      (B) the tonnage, hold \113\ capacity, speed,
                    processing equipment, type and quantity of
                    fishing gear, and such other pertinent
                    information with respect to characteristics of
                    each such vessel as the Secretary may require;
    ---------------------------------------------------------------------------
        \113\ Sec. 3(1) of Public Law 97-453 (96 Stat. 2483) inserted
    ``hold''.
    ---------------------------------------------------------------------------
                      (C) each fishery in which each such vessel
                    wishes to fish;
                      (D) \114\ the estimated amount of tonnage of
                    fish which will be caught, taken, or harvested
                    in each such fishery by each such vessel during
                    the time the permit is in force;
    ---------------------------------------------------------------------------
        \114\ Sec. 4(5)(A) of Public Law 95-354 (92 Stat. 520) amended and
    restated subpara. (D).
    ---------------------------------------------------------------------------
                      (E) \115\ the amount or tonnage of United
                    States harvested fish, if any, which each such
                    vessel proposes to receive at sea from vessels
                    of the United States;
    ---------------------------------------------------------------------------
        \115\ Sec. 4(5)(B) of Public Law 95-520 (92 Stat. 520) redesignated
    subpara. (E) as (F) and added a new subpara. (E).
    ---------------------------------------------------------------------------
                      (F) \115\ the ocean area in which, and the
                    season or period during which, such fishing
                    will be conducted; and
                      (G) \116\ all applicable vessel safety
                    standards imposed by the foreign country, and
                    shall include written certification that the
                    vessel is in compliance with those standards,
    ---------------------------------------------------------------------------
        \116\ Sec. 103(b)(3) of Public Law 99-659 (100 Stat. 3709) added
    subpara. (G).
    ---------------------------------------------------------------------------
            and shall include any other pertinent information and
            material which the Secretary may require.
              (4) Transmittal for action.--Upon receipt of any
            application which complies with the requirements of
            paragraph (3), the Secretary of State shall publish a
            notice of receipt of the application in the Federal
            Register. Any such notice shall summarize the contents
            of the applications from each nation included therein
            with respect to the matters described in paragraph
            (3).\117\ The Secretary of State \118\ shall promptly
            transmit--
    ---------------------------------------------------------------------------
        \117\ Sec. 3(2) of Public Law 97-453 (96 Stat. 2483) struck out
    ``and shall be set forth under the name of each Council to which it
    will be transmitted for comment'' which previously appeared at this
    point.
        \118\ Sec. 4(6) of Public Law 95-354 (92 Stat. 520) struck out
    ``such application in the Federal Register and'' and inserted in lieu
    thereof the words to this point beginning with ``a notice of receipt''.
    ---------------------------------------------------------------------------
                      (A) such application, together with his
                    comments and recommendations thereon, to the
                    Secretary;
                      (B) \119\ a copy of the application to the
                    Secretary of the department in which the Coast
                    Guard is operating; and
    ---------------------------------------------------------------------------
        \119\ Sec. 3(3) of Public Law 97-453 (96 Stat. 2483) amended and
    restated subparas. (B) and (C). They previously read as follows:
        ``(B) a copy of the application to each appropriate Council and to
    the Secretary of the department in which the Coast Guard is operating;
    and
        ``(C) a monthly summary of foreign fishing applications including a
    report on approval applications as described in paragraphs (6) and (7)
    to the Committee on Merchant Marine and Fisheries of the House of
    Representatives and to the Committees on Commerce and Foreign Relations
    of the Senate.''.
        Previously, sec. 208 of Public Law 96-470 (94 Stat. 2245) added the
    requirement for the summary mentioned in subpara. (C) to be provided on
    a monthly basis.
    ---------------------------------------------------------------------------
                      (C) \119\ a copy or a summary of the
                    application to the appropriate Council,\120\
    ---------------------------------------------------------------------------
        \120\ Sec. 120(b) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4459) capitalized ``council''.
    ---------------------------------------------------------------------------
              (5) Action by council.--After receiving a copy or
            summary of an application under paragraph (4)(C), the
            Council may \121\ prepare and submit to the Secretary
            such written comments on the application as it deems
            appropriate. Such comments shall be submitted within 45
            days after the date on which the application is
            received by the Council and may include recommendations
            with respect to approval of the application and, if
            approval is recommended, with respect to appropriate
            conditions and restrictions thereon. Any interested
            person may submit comments to such Council with respect
            to any such application. The Council shall consider any
            such comments in formulating its submission to the
            Secretary.
    ---------------------------------------------------------------------------
        \121\ Sec. 3(4) of Public Law 97-453 (96 Stat. 2483) struck out
    ``After receipt of an application transmitted under paragraph (4)(B),
    each appropriate Council shall'' and inserted in lieu thereof ``After
    receiving a copy or summary of an application under paragraph (4)(C),
    the Council may''.
    ---------------------------------------------------------------------------
              (6) Approval.--(A) \122\ After receipt of any
            application transmitted under paragraph (4)(A), the
            Secretary shall consult with the Secretary of State
            and, with respect to enforcement, with the Secretary of
            the department in which the Coast Guard is operating.
            The Secretary, after taking into consideration the
            views and recommendations of such Secretaries, and any
            comments submitted by any Council under paragraph (5),
            may approve, subject to subparagraph (B) \122\ the
            application, if he determines that the fishing
            described in the application will meet the requirements
            of this Act or he may disapprove all or any portion of
            the application.\123\
    ---------------------------------------------------------------------------
        \122\ Sec. 4(7) of Public Law 95-354 (92 Stat. 520) inserted
    ``(A)'', added the words ``, subject to subparagraph (B),'' and added
    subpara. (B).
        \123\ Sec. 102(3) of Public Law 99-659 (100 Stat. 3707) inserted
    ``or he may disapprove all or any portion of the application''.
    ---------------------------------------------------------------------------
              (B) \122\ (i) In the case of any application which
            specifies that one or more foreign fishing vessels
            propose to receive at sea United States harvested fish
            from vessels of the United States, the Secretary may
            approve the application unless the Secretary
            determines, on the basis of the views, recommendations,
            and comments referred to in subparagraph (A) and other
            pertinent information, that United States fish
            processors have adequate capacity, and will utilize
            such capacity, to process all United States harvested
            fish from the fishery concerned.
              (ii) The amount or tonnage of United States harvested
            fish which may be received at sea during any year by
            foreign fishing vessels under permits approved under
            this paragraph may not exceed that portion of the
            optimum yield of the fishery concerned which will not
            be utilized by the United States fish processors.
              (iii) In deciding whether to approve any application
            under this subparagraph, the Secretary may take into
            account, with respect to the foreign nation concerned,
            such other matters as the Secretary deems appropriate.
              (7) Establishment of conditions and restrictions.--
            The Secretary shall establish conditions and
            restrictions which shall be included in each permit
            issued pursuant to any application approved under
            paragraph (6) or subsection (d) \124\ and which must be
            complied with by the owner or operator of the fishing
            vessel for which the permit is issued. Such conditions
            and restrictions shall include the following:
    ---------------------------------------------------------------------------
        \124\ Sec. 105(d)(1) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3565) inserted ``or subsection (d)''.
    ---------------------------------------------------------------------------
                      (A) All of the requirements of any applicable
                    fishery management plan, or preliminary fishery
                    management plan, and any applicable Federal or
                    State fishing regulations.\125\
    ---------------------------------------------------------------------------
        \125\ Sec. 105(d)(2) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3565) struck out ``the regulations promulgated to
    implement any such plan'' and inserted in lieu thereof ``any applicable
    Federal or State fishing regulations''.
    ---------------------------------------------------------------------------
                      (B) The requirement that no permit may be
                    used by any vessel other than the fishery
                    vessel for which it is issued.
                      (C) The requirements described in section
                    201(c) (1), (2), and (3).
                      (D) \126\ If the permit is issued other than
                    pursuant to an application approved under
                    paragraph (6)(B) or subsection (d),\127\ the
                    restriction that the foreign fishing vessel may
                    not receive at sea United States harvested fish
                    vessels of the United States.
    ---------------------------------------------------------------------------
        \126\ Sec. 4(8) of Public Law 95-354 (92 Stat. 521) redesignated
    subpara. (D) as (F) and added new subparas. (D) and (E).
        \127\ Sec. 105(d)(3) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3565) inserted ``or subsection (d)''.
    ---------------------------------------------------------------------------
                      (E) \126\ If the permit is issued pursuant to
                    an application approved under paragraph (6)(B),
                    the maximum amount or tonnage of United States
                    harvested fish which may be received at sea
                    from vessels of the United States.
                      (F) \126\ Any other condition and restriction
                    related to fishery conservation and management
                    which the Secretary prescribes as necessary and
                    appropriate.
              (8) Notice of approval.--The Secretary shall promptly
            transmit a copy of each application approved under
            paragraph (6) and the conditions and restrictions
            established under paragraph (7) to--
                      (A) the Secretary of State for transmittal to
                    the foreign nation involved;
                      (B) the Secretary of the department in which
                    the Coast Guard is operating; and
                      (C) any Council which has authority over any
                    fishery specified in such application.\128\
    ---------------------------------------------------------------------------
        \128\ Sec. 111(b) of Public Law 96-470 (94 Stat. 2239) struck out a
    former subpara. (D), which previously appeared at this point and had
    required a copy of each application approved also be submitted to the
    Senate Foreign Relations Committee and the House Merchant Marine and
    Fisheries Committee.
    ---------------------------------------------------------------------------
              (9) Disapproval of applications.--If the Secretary
            does not approve any application submitted by a foreign
            nation under this subsection, he shall promptly inform
            the Secretary of State of the disapproval and his
            reason therefor. The Secretary of State shall notify
            such foreign nation of the disapproval and the reasons
            therefor. Such foreign nation, after taking into
            consideration the reasons for disapproval, may submit a
            revised application under this subsection.
              (10) \129\ Fees.--
    ---------------------------------------------------------------------------
         \129\ Sec. 106(a) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4440) amended and restated para. (10).
    Previously, sec. 232 of Public Law 96-561 (94 Stat. 3298) amended and
    restated para. (10).
    ---------------------------------------------------------------------------
                      (A) Fees shall be paid to the Secretary by
                    the owner or operator of any foreign fishing
                    vessel for which a permit has been issued
                    pursuant to this section. The Secretary, in
                    consultation with the Secretary of State, shall
                    establish a schedule of reasonable fees that
                    shall apply nondiscriminatorily to each foreign
                    nation.
                      (B) Amounts collected by the Secretary under
                    this paragraph shall be deposited in the
                    general fund of the Treasury.
              (11) Issuance of permits.--If a foreign nation
            notifies the Secretary of State of its acceptance of
            the conditions and restrictions established by the
            Secretary under paragraph (7), the Secretary of State
            shall promptly transmit such notification to the
            Secretary. Upon payment of the applicable fees
            established pursuant to paragraph (10), the Secretary
            shall thereupon issue to such foreign nation, through
            the Secretary of State, permits for the appropriate
            fishing vessels of that nation. Each permit shall
            contain a statement of all conditions and restrictions
            established under paragraph (7) which apply to the
            fishing vessel for which the permit is issued.
        (12) \130\ * * * [Repealed--1990]
    ---------------------------------------------------------------------------
        \130\ Sec. 106(b) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4441) repealed para. (12). Para. (12)
    had provided for the revocation, suspension, limiting, or denial of
    permits for any foreign country determined to be in violation of sec.
    307 of this Act (16 U.S.C. 1857).
    ---------------------------------------------------------------------------
        (c) Registration Permits.--The Secretary of State, in
    cooperation with the Secretary, shall issue annually a
    registration permit for each fishing vessel of a foreign nation
    which is a party to an international fishery agreement under
    which foreign fishing is authorized by section 201(b) and which
    wishes to engage in fishing described in subsection (a). Each
    such permit shall set forth the terms and conditions contained
    in the agreement that apply with respect to such fishing, and
    shall include the additional requirement that the owner or
    operator of the fishing vessel for which the permit is issued
    shall prominently display such permit in the wheelhouse of such
    vessel and show it, upon request, to any officer authorized to
    enforce the provisions of this Act (as provided for in section
    311). The Secretary of State, after consultation with the
    Secretary and the Secretary of the department in which the
    Coast Guard is operating, shall prescribe the form and manner
    in which applications for registration permits may be made, and
    the forms of such permits. The Secretary of State may
    establish, require the payment of, and collect fees for
    registration permits; except that level of such fees shall not
    exceed the administrative costs incurred by him in issuing such
    permits.
        (d) \131\ Transshipment Permits.--
    ---------------------------------------------------------------------------
        \131\ Sec. 105(d)(4) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3565) added subsecs. (d) and (e).
    ---------------------------------------------------------------------------
              (1) Authority to issue permits.--The Secretary may
            issue a transshipment permit under this subsection
            which authorizes a vessel other than a vessel of the
            United States to engage in fishing consisting solely of
            transporting fish or fish products at sea from a point
            within the exclusive economic zone or, with the
            concurrence of a State, within the boundaries of that
            State, to a point outside the United States to any
            person who--
                      (A) submits an application which is approved
                    by the Secretary under paragraph (3); and
                      (B) pays a fee imposed under paragraph (7).
              (2) Transmittal.--Upon receipt of an application for
            a permit under this subsection, the Secretary shall
            promptly transmit copies of the application to the
            Secretary of State, Secretary of the department in
            which the Coast Guard is operating, any appropriate
            Council, and any affected State.
              (3) Approval of application.--The Secretary may
            approve, in consultation with the appropriate Council
            or Marine Fisheries Commission, an application for a
            permit under this section if the Secretary determines
            that--
                      (A) the transportation of fish or fish
                    products to be conducted under the permit, as
                    described in the application, will be in the
                    interest of the United States and will meet the
                    applicable requirements of this Act;
                      (B) the applicant will comply with the
                    requirements described in section 201(c)(2)
                    with respect to activities authorized by any
                    permit issued pursuant to the application;
                      (C) the applicant has established any bonds
                    or financial assurances that may be required by
                    the Secretary; and
                      (D) no owner or operator of a vessel of the
                    United States which has adequate capacity to
                    perform the transportation for which the
                    application is submitted has indicated to the
                    Secretary an interest in performing the
                    transportation at fair and reasonable rates.
              (4) Whole or partial approval.--The Secretary may
            approve all or any portion of an application under
            paragraph (3).
              (5) Failure to approve application.--If the Secretary
            does not approve any portion of an application
            submitted under paragraph (1), the Secretary shall
            promptly inform the applicant and specify the reasons
            therefor.
              (6) Conditions and restrictions.--The Secretary shall
            establish and include in each permit under this
            subsection conditions and restrictions, including those
            conditions and restrictions set forth in subsection
            (b)(7), which shall be complied with by the owner and
            operator of the vessel for which the permit is issued.
              (7) Fees.--The Secretary shall collect a fee for each
            permit issued under this subsection, in an amount
            adequate to recover the costs incurred by the United
            States in issuing the permit, except that the Secretary
            shall waive the fee for the permit if the foreign
            nation under which the vessel is registered does not
            collect a fee from a vessel of the United States
            engaged in similar activities in the waters of such
            foreign nation.
        (e) \131\ Pacific Insular Areas.--
              (1) Negotiation of pacific insular area fishery
            agreements.--The Secretary of State, with the
            concurrence of the Secretary and in consultation with
            any appropriate Council, may negotiate and enter into a
            Pacific Insular Area fishery agreement to authorize
            foreign fishing within the exclusive economic zone
            adjacent to a Pacific Insular Area--
                      (A) in the case of American Samoa, Guam, or
                    the Northern Mariana Islands, at the request
                    and with the concurrence of, and in
                    consultation with, the Governor of the Pacific
                    Insular Area to which such agreement applies;
                    and
                      (B) in the case of a Pacific Insular Area
                    other than American Samoa, Guam, or the
                    Northern Mariana Islands, at the request of the
                    Western Pacific Council.
              (2) Agreement terms and conditions.--A Pacific
            Insular Area fishery agreement--
                      (A) shall not be considered to supersede any
                    governing international fishery agreement
                    currently in effect under this Act, but shall
                    provide an alternative basis for the conduct of
                    foreign fishing within the exclusive economic
                    zone adjacent to Pacific Insular Areas;
                      (B) shall be negotiated and implemented
                    consistent only with the governing
                    international fishery agreement provisions of
                    this title specifically made applicable in this
                    subsection;
                      (C) may not be negotiated with a nation that
                    is in violation of a governing international
                    fishery agreement in effect under this Act;
                      (D) shall not be entered into if it is
                    determined by the Governor of the applicable
                    Pacific Insular Area with respect to agreements
                    initiated under paragraph (1)(A), or the
                    Western Pacific Council with respect to
                    agreements initiated under paragraph (1)(B),
                    that such an agreement will adversely affect
                    the fishing activities of the indigenous people
                    of such Pacific Insular Area;
                      (E) shall be valid for a period not to exceed
                    three years and shall only become effective
                    according to the procedures in section 203; and
                      (F) shall require the foreign nation and its
                    fishing vessels to comply with the requirements
                    of paragraphs (1), (2), (3) and (4)(A) of
                    section 201(c), section 201(d), and section
                    201(h).
              (3) Permits for foreign fishing.--
                      (A) Application for permits for foreign
                    fishing authorized under a Pacific Insular
                    Areas fishing agreement shall be made,
                    considered and approved or disapproved in
                    accordance with paragraphs (3), (4), (5), (6),
                    (7) (A) and (B), (8), and (9) of subsection
                    (b), and shall include any conditions and
                    restrictions established by the Secretary in
                    consultation with the Secretary of State, the
                    Secretary of the department in which the Coast
                    Guard is operating, the Governor of the
                    applicable Pacific Insular Area, and the
                    appropriate Council.
                      (B) If a foreign nation notifies the
                    Secretary of State of its acceptance of the
                    requirements of this paragraph, paragraph
                    (2)(F), and paragraph (5), including any
                    conditions and restrictions established under
                    subparagraph (A), the Secretary of State shall
                    promptly transmit such notification to the
                    Secretary. Upon receipt of any payment required
                    under a Pacific Insular Area fishing agreement,
                    the Secretary shall thereupon issue to such
                    foreign nation, through the Secretary of State,
                    permits for the appropriate fishing vessels of
                    that nation. Each permit shall contain a
                    statement of all of the requirements,
                    conditions, and restrictions established under
                    this subsection which apply to the fishing
                    vessel for which the permit is issued.
              (4) Marine conservation plans.--
                      (A) Prior to entering into a Pacific Insular
                    Area fishery agreement, the Western Pacific
                    Council and the appropriate Governor shall
                    develop a 3-year marine conservation plan
                    detailing uses for funds to be collected by the
                    Secretary pursuant to such agreement. Such plan
                    shall be consistent with any applicable fishery
                    management plan, identify conservation and
                    management objectives (including criteria for
                    determining when such objectives have been
                    met), and prioritize planned marine
                    conservation projects. Conservation and
                    management objectives shall include, but not be
                    limited to--
                              (i) establishment of Pacific Insular
                            Area observer programs, approved by the
                            Secretary in consultation with the
                            Western Pacific Council, that provide
                            observer coverage for foreign fishing
                            under Pacific Insular Area fishery
                            agreements that is at least equal in
                            effectiveness to the program
                            established by the Secretary under
                            section 201(h);
                              (ii) conduct of marine and fisheries
                            research, including development of
                            systems for information collection,
                            analysis, evaluation, and reporting;
                              (iii) conservation, education, and
                            enforcement activities related to
                            marine and coastal management, such as
                            living marine resource assessments,
                            habitat monitoring and coastal studies;
                              (iv) grants to the University of
                            Hawaii for technical assistance
                            projects by the Pacific Island Network,
                            such as education and training in the
                            development and implementation of
                            sustainable marine resources
                            development projects, scientific
                            research, and conservation strategies;
                            and
                              (v) western Pacific community-based
                            demonstration projects under section
                            112(b) of the Sustainable Fisheries Act
                            and other coastal improvement projects
                            to foster and promote the management,
                            conservation, and economic enhancement
                            of the Pacific Insular Areas.
                      (B) In the case of American Samoa, Guam, and
                    the Northern Mariana Islands, the appropriate
                    Governor, with the concurrence of the Western
                    Pacific Council, shall develop the marine
                    conservation plan described in subparagraph (A)
                    and submit such plan to the Secretary for
                    approval. In the case of other Pacific Insular
                    Areas, the Western Pacific Council shall
                    develop and submit the marine conservation plan
                    described in subparagraph (A) to the Secretary
                    for approval.
                      (C) If a Governor or the Western Pacific
                    Council intends to request that the Secretary
                    of State renew a Pacific Insular Area fishery
                    agreement, a subsequent 3-year plan shall be
                    submitted to the Secretary for approval by the
                    end of the second year of the existing 3-year
                    plan.
              (5) Reciprocal conditions.--Except as expressly
            provided otherwise in this subsection, a Pacific
            Insular Area fishing agreement may include terms
            similar to the terms applicable to United States
            fishing vessels for access to similar fisheries in
            waters subject to the fisheries jurisdiction of another
            nation.
              (6) Use of payments by american samoa, guam, northern
            mariana islands.--Any payments received by the
            Secretary under a Pacific Insular Area fishery
            agreement for American Samoa, Guam, or the Northern
            Mariana Islands shall be deposited into the United
            States Treasury and then covered over to the Treasury
            of the Pacific Insular Area for which those funds were
            collected. Amounts deposited in the Treasury of a
            Pacific Insular Area shall be available, without
            appropriation or fiscal year limitation, to the
            Governor of the Pacific Insular Area--
                      (A) to carry out the purposes of this
                    subsection;
                      (B) to compensate (i) the Western Pacific
                    Council for mutually agreed upon administrative
                    costs incurred relating to any Pacific Insular
                    Area fishery agreement for such Pacific Insular
                    Area, and (ii) the Secretary of State for
                    mutually agreed upon travel expenses for no
                    more than 2 Federal representatives incurred as
                    a direct result of complying with paragraph
                    (1)(A); and
                      (C) to implement a marine conservation plan
                    developed and approved under paragraph (4).
              (7) Western pacific sustainable fisheries fund.--
            There is established in the United States Treasury a
            Western Pacific Sustainable Fisheries Fund into which
            any payments received by the Secretary under a Pacific
            Insular Area fishery agreement for any Pacific Insular
            Area other than American Samoa, Guam, or the Northern
            Mariana Islands shall be deposited. The Western Pacific
            Sustainable Fisheries Fund shall be made available,
            without appropriation or fiscal year limitation, to the
            Secretary, who shall provide such funds only to--
                      (A) the Western Pacific Council for the
                    purpose of carrying out the provisions of this
                    subsection, including implementation of a
                    marine conservation plan approved under
                    paragraph (4);
                      (B) the Secretary of State for mutually
                    agreed upon travel expenses for no more than 2
                    Federal representatives incurred as a direct
                    result of complying with paragraph (1)(B); and
                      (C) the Western Pacific Council to meet
                    conservation and management objectives in the
                    State of Hawaii if monies remain in the Western
                    Pacific Sustainable Fisheries Fund after the
                    funding requirements of subparagraphs (A) and
                    (B) have been satisfied.
            Amounts deposited in such fund shall not diminish
            funding received by the Western Pacific Council for the
            purpose of carrying out other responsibilities under
            this Act.
              (8) Use of fines and penalties.--In the case of
            violations occurring within the exclusive economic zone
            off American Samoa, Guam, or the Northern Mariana
            Islands, amounts received by the Secretary which are
            attributable to fines or penalties imposed under this
            Act, including such sums collected from the forfeiture
            and disposition or sale of property seized subject to
            its authority, after payment of direct costs of the
            enforcement action to all entities involved in such
            action, shall be deposited into the Treasury of the
            Pacific Insular Area adjacent to the exclusive economic
            zone in which the violation occurred, to be used for
            fisheries enforcement and for implementation of a
            marine conservation plan under paragraph (4).

    SEC. 205.\132\ IMPORT PROHIBITIONS.

        (a) Determinations by Secretary of State.--If the Secretary
    of State determines that--
    ---------------------------------------------------------------------------
        \132\ 16 U.S.C. 1825.
    ---------------------------------------------------------------------------
              (1) he has been unable, within a reasonable period of
            time, to conclude with any foreign nation an
            international fishery agreement allowing fishing
            vessels of the United States equitable access to
            fisheries over which that nation asserts exclusive
            fishery management authority, including fisheries of
            the tuna species \133\ as recognized by the United
            States, in accordance with \133\ fishing activities of
            such vessels, if any, and under terms not more
            restrictive than those established under sections 201
            (c) and (d) and 204(b) (7) and (10), because such
            nation has (A) refused to commence negotiations, or (B)
            failed to negotiate in good faith;
    ---------------------------------------------------------------------------
        \133\ Effective January 1, 1992, Sec. 105(b) of the Fishery
    Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4440)
    inserted ``including fisheries of the tuna species''. Sec. 105(b)
    further struck out ``traditional'', that previously followed ``in
    accordance with'', struck out ``highly migratory'' in para. (2) and
    inserted in lieu thereof ``tuna''.
    ---------------------------------------------------------------------------
              (2) any foreign nation is not allowing fishing
            vessels of the United States to engage in fishing for
            tuna \133\ species in accordance with an applicable
            international fishery agreement, whether or not such
            nation is a party thereto;
              (3) any foreign nation is not complying with its
            obligations under any existing international fishery
            agreement concerning fishing by fishing vessels of the
            United States in any fishery over which that nation
            asserts exclusive fishery management authority; or
              (4) any fishing vessel of the United States, while
            fishing in waters beyond any foreign nation's
            territorial sea, to the extent that such sea is
            recognized by the United States, is seized by any
            foreign nation--
                      (A) in violation of an applicable
                    international fishery agreement;
                      (B) without authorization under an agreement
                    between the United States and such nation; or
                      (C) as a consequence of a claim of
                    jurisdiction which is not recognized by the
                    United States;
    he shall certify such determination to the Secretary of the
    Treasury.
        (b) Prohibitions.--Upon receipt of any certification from
    the Secretary of State under subsection (a), the Secretary of
    the Treasury shall immediately take such action as may be
    necessary and appropriate to prohibit the importation into the
    United States--
              (1) of all fish and fish products from the fishery
            involved, if any; and
              (2) upon recommendation of the Secretary of State,
            such other fish or fish products, from any fishery of
            the foreign nation concerned, which the Secretary of
            State finds to be appropriated to carry out the
            purposes of this section.
        (c) Removal of Prohibition.--If the Secretary of State
    finds that the reasons for the imposition of any import
    prohibition under this section no longer prevail, the Secretary
    of State shall notify the Secretary of the Treasury, who shall
    promptly remove such import prohibition.
        (d) Definitions.--As used in this section--
              (1) The term ``fish'' includes any highly migratory
            species.
              (2) The term ``fish products'' means any article
            which is produced from or composed for (in which or in
            part) any fish.

    SEC. 206.\134\ LARGE-SCALE DRIFTNET FISHING.

        (a) Short Title.--This section incorporates and expands
    upon provisions of the Driftnet Impact Monitoring, Assessment,
    and Control Act of 1987 and may be cited as the ``Driftnet Act
    Amendments of 1990''.
    ---------------------------------------------------------------------------
        \134\ 16 U.S.C. 1826. Public Law 95-6 (91 Stat. 14) added sec. 206.
    Sec. 107(a) of the Fishery Conservation Amendments of 1990 (Public Law
    101-627; 104 Stat. 4441) amended and restated sec. 206.
        See also the High Seas Driftnet Fisheries Enforcement Act (Public
    Law 102-582; 106 Stat. 4900 et seq.).
    ---------------------------------------------------------------------------
        (b) Findings.--The Congress finds that--
              (1) the continued widespread use of large-scale
            driftnets beyond the exclusive economic zone of any
            nation is a destructive fishing practice that poses a
            threat to living marine resources of the world's
            oceans, including but not limited to the North and
            South Pacific Ocean, and the Bering Sea;
              (2) the use of large-scale driftnets is expanding
            into new regions of the world's oceans, including the
            Atlantic Ocean and Caribbean Sea;
              (3) there is a pressing need for detailed and
            reliable information on the number of seabirds, sea
            turtles, nontarget fish, and marine mammals that become
            entangled and die in actively fished large-scale
            driftnets and in large-scale driftnets that are lost,
            abandoned, or discarded;
              (4) increased efforts, including reliable observer
            data and enforcement mechanisms, are needed to monitor,
            assess, control, and reduce the adverse impact of
            large-scale driftnet fishing on living marine
            resources;
              (5) the nations of the world have agreed in the
            United Nations, through General Assembly Resolution
            Numbered 44-225, approved December 22, 1989, by the
            General Assembly, that a moratorium should be imposed
            by June 30, 1992, on the use of large-scale driftnets
            beyond the exclusive economic zone of any nation;
              (6) the nations of the south Pacific have agreed to a
            moratorium on the use of large-scale driftnets in the
            South Pacific through the Convention for the
            Prohibition of Fishing with Long Driftnets in the South
            Pacific, which was agreed to in Wellington, New
            Zealand, on November 29, 1989; and
              (7) increasing population pressures and new knowledge
            of the importance of living marine resources to the
            health of the global ecosystem demand that greater
            responsibility by exercised by persons fishing or
            developing new fisheries beyond the exclusive economic
            zone of any nation.
        (c) Policy.--It is declared to be the policy of the
    Congress in this section that the United States should--
              (1) implement the moratorium called for by the United
            Nations General Assembly in Resolution Numbered 44-225;
              (2) support the Tarawa Declaration and the Wellington
            Convention for the Prohibition of Fishing with Long
            Driftnets in the South Pacific; and
              (3) secure a permanent ban on the use of destructive
            fishing practices, and in particular large-scale
            driftnets, by persons or vessels fishing beyond the
            exclusive economic zone of any nation.
        (d) International Agreements.--The Secretary, through the
    Secretary of State and the Secretary of the department in which
    the Coast Guard is operating, shall seek to secure
    international agreements to implement immediately the findings,
    policy, and provisions of this section, and in particular an
    international ban on large-scale driftnet fishing. The
    Secretary, through the Secretary of State, shall include, in
    any agreement which addresses the taking of living marine
    resources of the United States, provisions to ensure that--
              (1) each large-scale driftnet fishing vessel of a
            foreign nation that is party to the agreement,
            including vessels that may operate independently to
            develop new fishing areas, which operate beyond the
            exclusive economic zone of any nation, is included in
            such agreement;
              (2) each large-scale driftnet fishing vessel of a
            foreign nation that is party to the agreement, which
            operates beyond the exclusive economic zone of any
            nation, is equipped with satellite transmitters which
            provide real-time position information accessible to
            the United States;
              (3) statistically reliable monitoring by the United
            States is carried out, through the use of on-board
            observers or through dedicated platforms provided by
            foreign nations that are parties to the agreement, of
            all target and nontarget fish species, marine mammals,
            sea turtles, and sea birds entangled or killed by
            large-scale driftnets used by fishing vessels of
            foreign nations that are parties to the agreement;
              (4) officials of the United States have the right to
            board and inspect for violations of the agreement any
            large-scale driftnet fishing vessels operating under
            the flag of a foreign nation that is party to the
            agreement at any time while such vessel is operating in
            designated areas beyond the exclusive economic zone of
            any nation;
              (5) all catch landed or transshipped at sea by large-
            scale driftnet fishing vessels of a foreign nation that
            is a party to the agreement, and which are operated
            beyond the exclusive economic zone of any nation, is
            reliably monitored and documented;
              (6) time and area restrictions are imposed on the use
            of large-scale driftnets in order to prevent
            interception of anadromous species;
              (7) all large-scale driftnets used are constructed,
            insofar as feasible, with biodegradable materials which
            break into segments that do not represent a threat to
            living marine resources;
              (8) all large-scale driftnets are marked at
            appropriate intervals in a manner that conclusively
            identifies the vessel and flag nation responsible for
            each such driftnet;
              (9) the taking of nontarget fish species, marine
            mammals, sea turtles, seabirds, and endangered species
            or other species protected by international agreements
            to which the United States is a party is minimized and
            does not pose a threat to existing fisheries or the
            long-term health of living marine resources; and
              (10) definitive steps are agreed upon to ensure that
            parties to the agreement comply with the spirit of
            other international agreements and resolutions
            concerning the use of large-scale driftnets beyond the
            exclusive economic zone of any nation.
        (e) \135\ Report.--Not later than January 1, 1991, and
    every year thereafter until the purposes of this section are
    met, the Secretary, after consultation with the Secretary of
    State and the Secretary of the department in which the Coast
    Guard is operating, shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Merchant Marine and Fisheries \136\ of the House of
    Representatives a report--
    ---------------------------------------------------------------------------
        \135\ Sec. 105(f)(1) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3569) struck out paras. (3) and (4) of subsec. (e),
    and redesignated paras. (5) and (6) as paras. (3) and (4). Former
    paras. (3) and (4) read as follows:
    ---------------------------------------------------------------------------

      ``(3) identifying and evaluating the effectiveness of unilateral measures
    and multilateral measures, including sanctions, that are available to
    encourage nations to agree to and comply with this section, and
    recommendations for legislation to authorize any additional measures that
    are needed if those are considered ineffective;

      ``(4) identifying, evaluating, and making any recommendations considered
    necessary to improve the effectiveness of the law, policy, and procedures
    governing enforcement of the exclusive management authority of the United
    States over anadromous species against fishing vessels engaged in fishing
    beyond the exclusive economic zone of any nation;''.
    ---------------------------------------------------------------------------

        \136\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided
    that references to the Committee on Merchant Marine and Fisheries of
    the House of Representatives shall be treated as referring to--
    ---------------------------------------------------------------------------

      (A) the Committee on Agriculture, in the case of a provision of law
    relating to inspection of seafood or seafood products;

      (B) the Committee on National Security, in the case of a provision of law
    relating to interoceanic canals, the Merchant Marine Academy and State
    Maritime Academies, or national security aspects of merchant marine;

      (C) the Committee on Resources, in the case of a provision of law
    relating to fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures relating to
    oil and other pollution of navigable waters, or oceanography;

      (D) the Committee on Science, in the case of a provision of law relating
    to marine research; and

      (E) the Committee on Transportation, in the case of a provision of law
    relating to a matter other than a matter described in any of subparagraphs
    (A) through (D).

              (1) describing the steps taken to carry out the
            provisions of this section, particularly subsection
            (c);
              (2) evaluating the progress of those efforts, the
            impacts on living marine resources, including available
            observer data, and specifying plans for further action;
              (3) \135\ containing a list and description of any
            new fisheries developed by nations that conduct, or
            authorize their nationals to conduct, large-scale
            driftnet fishing beyond the exclusive economic zone of
            any nation; and
              (4) \135\ containing a list of the nations that
            conduct, or authorize their nationals to conduct,
            large-scale driftnet fishing beyond the exclusive
            economic zone of any nation in a manner that diminishes
            the effectiveness of or is inconsistent with any
            international agreement governing large-scale driftnet
            fishing to which the United States is a party or
            otherwise subscribes.
        (f) Certification.--If at any time the Secretary, in
    consultation with the Secretary of State and the Secretary of
    the department in which the Coast Guard is operating,
    identifies any nation that warrants inclusion in the list
    described under subsection (e)(4),\137\ the Secretary shall
    certify that fact to the President. Such certification shall be
    deemed to be a certification for the purposes of section 8(a)
    of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).
    ---------------------------------------------------------------------------
        \137\ Sec. 105(f)(2) of the Sustainable Fisheries Act (Public Law
    104-297; 110 Stat. 3569) struck out ``(e)(6)'' and inserted in lieu
    thereof ``(e)(4)''.
    ---------------------------------------------------------------------------
        (g) Effect on Sovereign Rights.--This section shall not
    serve or be construed to expand or diminish the sovereign
    rights of the United States, as stated by Presidential
    Proclamation Numbered 5030, dated March 10, 1983, and reflected
    in this Act or other existing law.
        (h) Definition.--As used in this section, the term ``living
    marine resources'' includes fish, marine mammals, sea turtles,
    and seabirds and other waterfowl.

                 TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

              * * * * * * *

                TITLE IV--FISHERY MONITORING AND RESEARCH \138\

              * * * * * * *
    ---------------------------------------------------------------------------
        \138\ Title II of the Sustainable Fisheries Act (Public Law 104-
    297; 110 Stat. 3604) amended and restated title IV, which previously
    related to miscellaneous provisions, including authorization of
    appropriations.
                   b. Marine Turtle Conservation Act of 2004

      Public Law 108-266 [H.R. 3378], 118 Stat. 791, approved July 2, 2004

    AN ACT To assist in the conservation of marine turtles and the nesting
                habitats of marine turtles in foreign countries.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Marine Turtle Conservation
    Act of 2004''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 6601 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS AND PURPOSES.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 6601.
    ---------------------------------------------------------------------------
              (1) marine turtle populations have declined to the
            point that the long-term survival of the loggerhead,
            green, hawksbill, Kemp's ridley, olive ridley, and
            leatherback turtle in the wild is in serious jeopardy;
              (2) 6 of the 7 recognized species of marine turtles
            are listed as threatened or endangered species under
            the Endangered Species Act of 1973 (16 U.S.C. 1531 et
            seq.), and all 7 species have been included in Appendix
            I of CITES;
              (3) because marine turtles are long-lived, late-
            maturing, and highly migratory, marine turtles are
            particularly vulnerable to the impacts of human
            exploitation and habitat loss;
              (4) illegal international trade seriously threatens
            wild populations of some marine turtle species,
            particularly the hawksbill turtle;
              (5) the challenges facing marine turtles are immense,
            and the resources available have not been sufficient to
            cope with the continued loss of nesting habitats caused
            by human activities and the consequent diminution of
            marine turtle populations;
              (6) because marine turtles are flagship species for
            the ecosystems in which marine turtles are found,
            sustaining healthy populations of marine turtles
            provides benefits to many other species of wildlife,
            including many other threatened or endangered species;
              (7) marine turtles are important components of the
            ecosystems that they inhabit, and studies of wild
            populations of marine turtles have provided important
            biological insights;
              (8) changes in marine turtle populations are most
            reliably indicated by changes in the numbers of nests
            and nesting females; and
              (9) the reduction, removal, or other effective
            addressing of the threats to the long-term viability of
            populations of marine turtles will require the joint
            commitment and effort of--
                      (A) countries that have within their
                    boundaries marine turtle nesting habitats; and
                      (B) persons with expertise in the
                    conservation of marine turtles.
        (b) Purpose.--The purpose of this Act is to assist in the
    conservation of marine turtles and the nesting habitats of
    marine turtles in foreign countries by supporting and providing
    financial resources for projects to conserve the nesting
    habitats, conserve marine turtles in those habitats, and
    address other threats to the survival of marine turtles.

    SEC. 3.\3\ DEFINITIONS.

        In this Act:
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 6602.
    ---------------------------------------------------------------------------
              (1) CITES.--The term ``CITES'' means the Convention
            on International Trade in Endangered Species of Wild
            Fauna and Flora (27 UST 1087; TIAS 8249).
              (2) Conservation.--The term ``conservation'' means
            the use of all methods and procedures necessary to
            protect nesting habitats of marine turtles in foreign
            countries and of marine turtles in those habitats,
            including--
                      (A) protection, restoration, and management
                    of nesting habitats;
                      (B) onsite research and monitoring of nesting
                    populations, nesting habitats, annual
                    reproduction, and species population trends;
                      (C) assistance in the development,
                    implementation, and improvement of national and
                    regional management plans for nesting habitat
                    ranges;
                      (D) enforcement and implementation of CITES
                    and laws of foreign countries to--
                              (i) protect and manage nesting
                            populations and nesting habitats; and
                              (ii) prevent illegal trade of marine
                            turtles;
                      (E) training of local law enforcement
                    officials in the interdiction and prevention
                    of--
                              (i) the illegal killing of marine
                            turtles on nesting habitat; and
                              (ii) illegal trade in marine turtles;
                      (F) initiatives to resolve conflicts between
                    humans and marine turtles over habitat used by
                    marine turtles for nesting;
                      (G) community outreach and education; and
                      (H) strengthening of the ability of local
                    communities to implement nesting population and
                    nesting habitat conservation programs.
              (3) Fund.--The term ``Fund'' means the Marine Turtle
            Conservation Fund established by section 5.
              (4) Marine turtle.--
                      (A) In general.--The term ``marine turtle''
                    means any member of the family Cheloniidae or
                    Dermochelyidae.
                      (B) Inclusions.--The term ``marine turtle''
                    includes--
                              (i) any part, product, egg, or
                            offspring of a turtle described in
                            subparagraph (A); and
                              (ii) a carcass of such a turtle.
              (5) Multinational species conservation fund.--The
            term ``Multinational Species Conservation Fund'' means
            the fund established under the heading ``multinational
            species conservation fund'' in title I of the
            Department of the Interior and Related Agencies
            Appropriations Act, 1999 (16 U.S.C. 4246).
              (6) Secretary.--The term ``Secretary'' means the
            Secretary of the Interior.

    SEC. 4.\4\ MARINE TURTLE CONSERVATION ASSISTANCE.

        (a) In General.--Subject to the availability of funds and
    in consultation with other Federal officials, the Secretary
    shall use amounts in the Fund to provide financial assistance
    for projects for the conservation of marine turtles for which
    project proposals are approved by the Secretary in accordance
    with this section.
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 6603.
    ---------------------------------------------------------------------------
        (b) Project Proposals.--
              (1) Eligible applicants.--A proposal for a project
            for the conservation of marine turtles may be submitted
            to the Secretary by--
                      (A) any wildlife management authority of a
                    foreign country that has within its boundaries
                    marine turtle nesting habitat if the activities
                    of the authority directly or indirectly affect
                    marine turtle conservation; or
                      (B) any other person or group with the
                    demonstrated expertise required for the
                    conservation of marine turtles.
              (2) Required elements.--A project proposal shall
            include--
                      (A) a statement of the purposes of the
                    project;
                      (B) the name of the individual with overall
                    responsibility for the project;
                      (C) a description of the qualifications of
                    the individuals that will conduct the project;
                      (D) a description of--
                              (i) methods for project
                            implementation and outcome assessment;
                              (ii) staff and community management
                            for the project; and
                              (iii) the logistics of the project;
                      (E) an estimate of the funds and time
                    required to complete the project;
                      (F) evidence of support for the project by
                    appropriate governmental entities of the
                    countries in which the project will be
                    conducted, if the Secretary determines that
                    such support is required for the success of the
                    project;
                      (G) information regarding the source and
                    amount of matching funding available for the
                    project; and
                      (H) any other information that the Secretary
                    considers to be necessary for evaluating the
                    eligibility of the project for funding under
                    this Act.
        (c) Project Review and Approval.--
              (1) In general.--The Secretary shall--
                      (A) not later than 30 days after receiving a
                    project proposal, provide a copy of the
                    proposal to other Federal officials, as
                    appropriate; and
                      (B) review each project proposal in a timely
                    manner to determine whether the proposal meets
                    the criteria specified in subsection (d).
              (2) Consultation; approval or disapproval.--Not later
            than 180 days after receiving a project proposal, and
            subject to the availability of funds, the Secretary,
            after consulting with other Federal officials, as
            appropriate, shall--
                      (A) consult on the proposal with the
                    government of each country in which the project
                    is to be conducted;
                      (B) after taking into consideration any
                    comments resulting from the consultation,
                    approve or disapprove the project proposal; and
                      (C) provide written notification of the
                    approval or disapproval to the person that
                    submitted the project proposal, other Federal
                    officials, and each country described in
                    subparagraph (A).
        (d) Criteria for Approval.--The Secretary may approve a
    project proposal under this section if the project will help
    recover and sustain viable populations of marine turtles in the
    wild by assisting efforts in foreign countries to implement
    marine turtle conservation programs.
        (e) Project Sustainability.--To the maximum extent
    practicable, in determining whether to approve project
    proposals under this section, the Secretary shall give
    preference to conservation projects that are designed to ensure
    effective, long-term conservation of marine turtles and their
    nesting habitats.
        (f) Matching Funds.--In determining whether to approve
    project proposals under this section, the Secretary shall give
    preference to projects for which matching funds are available.
        (g) Project Reporting.--
              (1) In general.--Each person that receives assistance
            under this section for a project shall submit to the
            Secretary periodic reports (at such intervals as the
            Secretary may require) that include all information
            that the Secretary, after consultation with other
            government officials, determines is necessary to
            evaluate the progress and success of the project for
            the purposes of ensuring positive results, assessing
            problems, and fostering improvements.
              (2) Availability to the public.--Reports under
            paragraph (1), and any other documents relating to
            projects for which financial assistance is provided
            under this Act, shall be made available to the public.

    SEC. 5.\5\ MARINE TURTLE CONSERVATION FUND.

        (a) Establishment.--There is established in the
    Multinational Species Conservation Fund a separate account to
    be known as the ``Marine Turtle Conservation Fund'', consisting
    of--
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 6604.
    ---------------------------------------------------------------------------
              (1) amounts transferred to the Secretary of the
            Treasury for deposit into the Fund under subsection
            (e);
              (2) amounts appropriated to the Fund under section 6;
            and
              (3) any interest earned on investment of amounts in
            the Fund under subsection (c).
        (b) Expenditures From Fund.--
              (1) In general.--Subject to paragraph (2), on request
            by the Secretary, the Secretary of the Treasury shall
            transfer from the Fund to the Secretary, without
            further appropriation, such amounts as the Secretary
            determines are necessary to carry out section 4.
              (2) Administrative expenses.--Of the amounts in the
            account available for each fiscal year, the Secretary
            may expend not more than 3 percent, or up to $80,000,
            whichever is greater, to pay the administrative
            expenses necessary to carry out this Act.
        (c) Investment of Amounts.--
              (1) In general.--The Secretary of the Treasury shall
            invest such portion of the Fund as is not, in the
            judgment of the Secretary of the Treasury, required to
            meet current withdrawals. Investments may be made only
            in interest-bearing obligations of the United States.
              (2) Acquisition of obligations.--For the purpose of
            investments under paragraph (1), obligations may be
            acquired--
                      (A) on original issue at the issue price; or
                      (B) by purchase of outstanding obligations at
                    the market price.
              (3) Sale of obligations.--Any obligation acquired by
            the Fund may be sold by the Secretary of the Treasury
            at the market price.
              (4) Credits to fund.--The interest on, and the
            proceeds from the sale or redemption of, any
            obligations held in the Fund shall be credited to and
            form a part of the Fund.
        (d) Transfers of Amounts.--
              (1) In general.--The amounts required to be
            transferred to the Fund under this section shall be
            transferred at least monthly from the general fund of
            the Treasury to the Fund on the basis of estimates made
            by the Secretary of the Treasury.
              (2) Adjustments.--Proper adjustment shall be made in
            amounts subsequently transferred to the extent prior
            estimates were in excess of or less than the amounts
            required to be transferred.
        (e) Acceptance and Use of Donations.--The Secretary may
    accept and use donations to provide assistance under section 4.
    Amounts received by the Secretary in the form of donations
    shall be transferred to the Secretary of the Treasury for
    deposit in the Fund.

    SEC. 6.\6\ ADVISORY GROUP.

        (a) In General.--To assist in carrying out this Act, the
    Secretary may convene an advisory group consisting of
    individuals representing public and private organizations
    actively involved in the conservation of marine turtles.
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 6605.
    ---------------------------------------------------------------------------
        (b) Public Participation.--
              (1) Meetings.--The Advisory Group shall--
                      (A) ensure that each meeting of the advisory
                    group is open to the public; and
                      (B) provide, at each meeting, an opportunity
                    for interested persons to present oral or
                    written statements concerning items on the
                    agenda.
              (2) Notice.--The Secretary shall provide to the
            public timely notice of each meeting of the advisory
            group.
              (3) Minutes.--Minutes of each meeting of the advisory
            group shall be kept by the Secretary and shall be made
            available to the public.
        (c) Exemption From Federal Advisory Committee Act.--The
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
    to the advisory group.

    SEC. 7.\7\ AUTHORIZATION OF APPROPRIATIONS.

        There is authorized to be appropriated to the Fund
    $5,000,000 for each of fiscal years 2005 through 2009.
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 6606.
    ---------------------------------------------------------------------------

    SEC. 8.\8\ REPORT TO CONGRESS.

        Not later than October 1, 2005, the Secretary shall submit
    to the Congress a report on the results and effectiveness of
    the program carried out under this Act, including
    recommendations concerning how this Act might be improved and
    whether the Fund should be continued in the future.
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 6607.
                        c. Shark Finning Prohibition Act

     Public Law 106-557 [H.R. 5461], 114 Stat. 2772, approved December 21,
                                      2000

         AN ACT To amend the Magnuson-Stevens Fishery Conservation and
     Management Act to eliminate the wasteful and unsportsmanlike practice
                               of shark finning.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Shark Finning Prohibition
    Act''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1822 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\ PURPOSE.

        The purpose of this Act is to eliminate shark-finning by
    addressing the problem comprehensively at both the national and
    international levels.

    SEC. 3.\2\ PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK
                        CARCASS AT SEA. * * *
    ---------------------------------------------------------------------------

        \2\ Sec. 3 amends sec. 307(1) of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1857(1)).
    ---------------------------------------------------------------------------

    SEC. 4.\1\ REGULATIONS.

        No later than 180 days after the date of the enactment of
    this Act, the Secretary of Commerce shall promulgate
    regulations implementing the provisions of section 3076(1)(P)
    of the Magnuson-Stevens Fishery Conservation and Management Act
    (16 U.S.C. 1857(1)(P)), as added by section 3 of this Act.

    SEC. 5.\1\ INTERNATIONAL NEGOTIATIONS.

        The Secretary of Commerce, acting through the Secretary of
    State, shall--
              (1) initiate discussions as soon as possible for the
            purpose of developing bilateral or multilateral
            agreements with other nations for the prohibition on
            shark-finning;
              (2) initiate discussions as soon as possible with all
            foreign governments which are engaged in, or which have
            persons or companies engaged in shark-finning, for the
            purposes of--
                      (A) collecting information on the nature and
                    extent of shark-finning by such persons and the
                    landing or transshipment of shark fins through
                    foreign ports; and
                      (B) entering into bilateral and multilateral
                    treaties with such countries to protect such
                    species;
              (3) seek agreements calling for an international ban
            on shark-finning and other fishing practices adversely
            affecting these species through the United Nations, the
            Food and Agriculture Organization's Committee on
            Fisheries, and appropriate regional fishery management
            bodies;
              (4) initiate the amendment of any existing
            international treaty for the protection and
            conservation of species of sharks to which the United
            States is a party in order to make such treaty
            consistent with the purposes and policies of this
            section;
              (5) urge other governments involved in fishing for or
            importation of shark or shark products to fulfill their
            obligations to collect biological data, such as stock
            abundance and by-catch levels, as well as trade data,
            on shark species as called for in the 1995 Resolution
            on Cooperation with FAO with Regard to study on the
            Status of Sharks and By-Catch of Shark Species; and
              (6) urge other governments to prepare and submit
            their respective National Plan of Action for the
            Conservation and Management of Sharks to the 2001
            session of the FAO Committee on Fisheries, as set forth
            in the International Plan of Action for the
            Conservation and Management of Sharks.

    SEC. 6.\1\ REPORT TO CONGRESS.

        The Secretary of Commerce, in consultation with the
    Secretary of State, shall provide to Congress, by not later
    than 1 year after the date of the enactment of this Act, and
    every year thereafter, a report which--
              (1) includes a list that identifies nations whose
            vessels conduct shark-finning and details the extent of
            the international trade in shark fins, including
            estimates of value and information on harvesting of
            shark fins, and landings or transshipment of shark fins
            through foreign ports;
              (2) describes the efforts taken to carry out this
            Act, and evaluates the progress of those efforts;
              (3) sets forth a plan of action to adopt
            international measures for the conservation of sharks;
            and
              (4) includes recommendations for measures to ensure
            that United States actions are consistent with
            national, international, and regional obligations
            relating to shark populations, including those listed
            under the Convention on International Trade in
            Endangered Species of Wild Flora and Fauna.

    SEC. 7.\1\ RESEARCH.

        The Secretary of Commerce, subject to the availability of
    appropriations authorized by section 10, shall establish a
    research program for Pacific and Atlantic sharks to engage in
    the following data collection and research:
              (1) The collection of data to support stock
            assessments of shark populations subject to incidental
            or directed harvesting by commercial vessels, giving
            priority to species according to vulnerability of the
            species to fishing gear and fishing mortality, and its
            population status.
              (2) Research to identify fishing gear and practices
            that prevent or minimize incidental catch of sharks in
            commercial and recreational fishing.
              (3) Research on fishing methods that will ensure
            maximum likelihood of survival of captured sharks after
            release.
              (4) Research on methods for releasing sharks from
            fishing gear that minimize risk of injury to fishing
            vessel operators and crews.
              (5) Research on methods to maximize the utilization
            of, and funding to develop the market for, sharks not
            taken in violation of a fishing management plan
            approved under section 303 or section 307(1)(P) of the
            Magnuson-Stevens Fishery Conservation and Management
            Act (16 U.S.C. 1853, 1857(1)(P)).
              (6) Research on the nature and extent of the harvest
            of sharks and shark fins by foreign fleets and the
            international trade in shark fins and other shark
            products.

    SEC. 8.\1\ WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH
                        PROGRAM.

        The National Marine Fisheries Service, in consultation with
    the Western Pacific Fisheries Management Council, shall
    initiate a cooperative research program with the commercial
    longlining industry to carry out activities consistent with
    this Act, including research described in section 7 of this
    Act. The service may initiate such shark cooperative research
    programs upon the request of any other fishery management
    council.

    SEC. 9.\1\ SHARK-FINNING DEFINED.

        In this Act, the term ``shark-finning'' means the taking of
    a shark, removing the fin or fins (whether or not including the
    tail) of a shark, and returning the remainder of the shark to
    the sea.

    SEC. 10.\1\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Secretary of
    Commerce for fiscal years 2001 through 2005 such sums as are
    necessary to carry out this Act.
                       d. Yukon River Salmon Act of 2000

        Partial text of Public Law 106-450 [H.R. 1651], 114 Stat. 1941,
       approved November 7, 2000; as amended by Public Law 108-219 [H.R.
                 2584], 118 Stat. 615, approved April 13, 2004

     AN ACT To amend the Fishermen's Protective Act of 1967 to extend the
     period during which reimbursement may be provided to owners of United
    States fishing vessels for costs incurred when such a vessel is seized
           and detained by a foreign country, and for other purposes.

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

       TITLE I--EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S
                           PROTECTIVE ACT OF 1967 \1\
    ---------------------------------------------------------------------------

        \1\ Title I amends the Fishermen's Protective Act of 1967.
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE II--YUKON RIVER SALMON

    SEC. 201.\2\ SHORT TITLE.

        This title may be cited as the ``Yukon River Salmon Act of
    2000''.
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 5701 note.
    ---------------------------------------------------------------------------

    SEC. 202.\3\ YUKON RIVER SALMON PANEL.

        (a) Establishment.--
              (1) In general.--There shall be a Yukon River Salmon
            Panel (in this title referred to as the ``Panel'').
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 5721.
    ---------------------------------------------------------------------------
              (2) Functions.--The Panel shall--
                      (A) advise the Secretary of State regarding
                    the negotiation of any international agreement
                    with Canada relating to management of salmon
                    stocks originating from the Yukon River in
                    Canada;
                      (B) advise the Secretary of the Interior
                    regarding restoration and enhancement of such
                    salmon stocks; and
                      (C) perform other functions relating to
                    conservation and management of such salmon
                    stocks as authorized by this or any other
                    title.
              (3) Designation as united states representatives on
            bilateral body.--The Secretary of State may designate
            the members of the Panel to be the United States
            representatives on any successor to the panel
            established by the interim agreement for the
            conservation of salmon stocks originating from the
            Yukon River in Canada agreed to through an exchange of
            notes between the Government of the United States and
            the Government of Canada on February 3, 1995, if
            authorized by any agreement establishing such
            successor.
        (b) Membership.--
              (1) In general.--The Panel shall be comprised of six
            members, as follows:
                      (A) One member who is an official of the
                    United States Government with expertise in
                    salmon conservation and management, who shall
                    be appointed by the Secretary of State.
                      (B) One member who is an official of the
                    State of Alaska with expertise in salmon
                    conservation and management, who shall be
                    appointed by the Governor of Alaska.
                      (C) Four members who are knowledgeable and
                    experienced with regard to the salmon fisheries
                    on the Yukon River, who shall be appointed by
                    the Secretary of State in accordance with
                    paragraph (2).
              (2) Appointees from alaska.--
                      (A) The Secretary of State shall appoint the
                    members under paragraph (1)(C) from a list of
                    at least three individuals nominated for each
                    position by the Governor of Alaska.
                      (B) In making the nominations, the Governor
                    of Alaska may consider suggestions for
                    nominations provided by organizations with
                    expertise in Yukon River salmon fisheries.
                      (C) The Governor of Alaska may make
                    appropriate nominations to allow for
                    appointment of, and the Secretary of State
                    shall appoint, under paragraph (1)(C)--
                              (i) at least one member who is
                            qualified to represent the interests of
                            Lower Yukon River fishing districts;
                            and
                              (ii) at least one member who is
                            qualified to represent the interests of
                            Upper Yukon River fishing districts.
                      (D) At least one of the members appointed
                    under paragraph (1)(C) shall be an Alaska
                    Native.
              (3) Alternates.--
                      (A) The Secretary of State may designate an
                    alternate Panel member for each Panel member
                    the Secretary appoints under paragraphs (1)(A)
                    and (C), who meets the same qualifications, to
                    serve in the absence of the Panel member.
                      (B) The Governor of the State of Alaska may
                    designate an alternative Panel member for the
                    Panel member appointed under subsection
                    (b)(1)(B), who meets the same qualifications,
                    to serve in the absence of that Panel member.
        (c) Term Length.--Panel members and alternate Panel members
    shall serve 4-year terms. Any individual appointed to fill a
    vacancy occurring before the expiration of any term shall be
    appointed for the remainder of that term.
        (d) Reappointment.--Panel members and alternate Panel
    members shall be eligible for reappointment.
        (e) Decisions.--Decisions of the Panel shall be made by the
    consensus of the Panel members appointed under subparagraphs
    (B) and (C) of subsection (b)(1).
        (f) Consultations.--In carrying out their functions, Panel
    members may consult with such other interested parties as they
    consider appropriate.

    SEC. 203.\4\ ADVISORY COMMITTEE.

        (a) Appointments.--The Governor of Alaska may establish and
    appoint an advisory committee of not less than eight, but not
    more than 12, individuals who are knowledgeable and experienced
    with regard to the salmon fisheries on the Yukon River. At
    least two of the advisory committee members shall be Alaska
    Natives. Members of the advisory committee may attend all
    meetings of the Panel, and shall be given the opportunity to
    examine and be heard on any matter under consideration by the
    Panel.
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 5722.
    ---------------------------------------------------------------------------
        (b) Compensation.--The members of such advisory committee
    shall receive no compensation for their services.
        (c) Term Length.--Members of such advisory committee shall
    serve 2-year terms. Any individual appointed to fill a vacancy
    occurring before the expiration of any term shall be appointed
    for the remainder of that term.
        (d) Reappointment.--Members of such advisory committee
    shall be eligible for reappointment.

    SEC. 204.\5\ EXEMPTION.

        The Federal Advisory Committee Act (5 U.S.C. App.) shall
    not apply to the Panel or to an advisory committee established
    under section 203.
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 5723.
    ---------------------------------------------------------------------------

    SEC. 205.\6\ AUTHORITY AND RESPONSIBILITY.

        (a) Responsible Management Entity.--The State of Alaska
    Department of Fish and Game shall be the responsible management
    entity for the United States for the purposes of any agreement
    with Canada regarding management of salmon stocks originating
    from the Yukon River in Canada.
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 5724.
    ---------------------------------------------------------------------------
        (b) Effect of Designation.--The designation under
    subsection (a) shall not be considered to expand, diminish, or
    otherwise change the management authority of the State of
    Alaska or the Federal Government with respect to fishery
    resources.
        (c) Recommendations of Panel.--In addition to
    recommendations made by the Panel to the responsible management
    entities in accordance with any agreement with Canada regarding
    management of salmon stocks originating from the Yukon River in
    Canada, the Panel may make recommendations concerning the
    conservation and management of salmon originating in the Yukon
    River to the Department of the Interior, the Department of
    Commerce, the Department of State, the North Pacific Fishery
    Management Council, and other Federal or State entities as
    appropriate. Recommendations by the Panel shall be advisory in
    nature.

    SEC. 206.\7\ ADMINISTRATIVE MATTERS.

        (a) Compensation.--Panel members and alternate Panel
    members who are not State or Federal employees shall receive
    compensation at the daily rate of GS-15 of the General Schedule
    when engaged in the actual performance of duties.
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 5725.
    ---------------------------------------------------------------------------
        (b) Travel and Other Necessary Expenses.--Travel and other
    necessary expenses shall be paid by the Secretary of the
    Interior for all Panel members, alternate Panel members, and
    members of any advisory committee established under section 203
    when engaged in the actual performance of duties.
        (c) Treatment as Federal Employees.--Except for officials
    of the United States Government, all Panel members, alternate
    Panel members, and members of any advisory committee
    established under section 203 shall not be considered to be
    Federal employees while engaged in the actual performance of
    duties, except for the purposes of injury compensation or tort
    claims liability as provided in chapter 81 of title 5, United
    States Code, and chapter 71 of title 28, United States Code.

    SEC. 207.\8\ YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT
                        PROJECTS.

        (a) In General.--The Secretary of the Interior, in
    consultation with the Secretary of Commerce, may carry out
    projects to restore or enhance salmon stocks originating from
    the Yukon River in Canada and the United States.
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 5726.
    ---------------------------------------------------------------------------
        (b) Cooperation with Canada.--If there is in effect an
    agreement between the Government of the United States and the
    Government of Canada for the conservation of salmon stocks
    originating from the Yukon River in Canada that includes
    provisions governing projects authorized under this section,
    then--
              (1) projects under this section shall be carried out
            in accordance with that agreement; and
              (2) amounts available for projects under this
            section--
                      (A) shall be expended in accordance with the
                    agreement; and
                      (B) may be deposited in any joint account
                    established by the agreement to fund such
                    projects.

    SEC. 208.\9\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Secretary of
    the Interior to carry out this title $4,000,000 for each of
    fiscal years 2004 through 2008,\10\ of which--
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 5727
        \10\ Sec. 303 of Public Law 108-219 (118 Stat. 616) struck out
    ``2000, 2001, 2002, and 2003'' and inserted in lieu thereof ``2004
    through 2008''.
    ---------------------------------------------------------------------------
              (1) such sums as are necessary shall be available
            each fiscal year for travel expenses of Panel members,
            alternate Panel members, United States members of the
            Joint Technical Committee established by paragraph C.2
            of the memorandum of understanding concerning the
            Pacific Salmon Treaty between the Government of the
            United States and the Government of Canada (recorded
            January 28, 1985), and members of an advisory committee
            established and appointed under section 203, in
            accordance with Federal Travel Regulations and sections
            5701, 5702, 5704 through 5708, and 5731 of title 5,
            United States Code;
              (2) such sums as are necessary shall be available for
            the United States share of expenses incurred by the
            Joint Technical Committee and any panel established by
            any agreement between the Government of the United
            States and the Government of Canada for restoration and
            enhancement of salmon originating in Canada;
              (3) up to 3,000,000 shall be available each fiscal
            year for activities by the Department of the Interior
            and the Department of Commerce for survey, restoration,
            and enhancement activities related to salmon stocks
            originating from the Yukon River in Canada, of which up
            to $1,200,000 shall be available each fiscal year for
            Yukon River salmon stock restoration and enhancement
            projects under section 207(b); and
              (4) $600,000 shall be available each fiscal year for
            cooperative salmon research and management projects in
            the portion of the Yukon River drainage located in the
            United States that are recommended by the Panel.

                TITLE III--FISHERY INFORMATION ACQUISITION \11\
    ---------------------------------------------------------------------------

        \11\ Title III is cited as the ``Fisheries Survey Vessel
    Authorization Act of 2000''.
    ---------------------------------------------------------------------------
              * * * * * * *

                            TITLE IV--MISCELLANEOUS

              * * * * * * *
                          e. Sustainable Fisheries Act

     Partial text of Public Law 104-297 [S. 39], 110 Stat. 3559, approved
                                October 11, 1996

    AN ACT To amend the Magnuson Fishery Conservation and Management Act to
    authorize appropriations, to provide for sustainable fisheries, and for
                                other purposes.

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

    SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the
    ``Sustainable Fisheries Act''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1801 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents for this Act
    is as follows: * * *

    SEC. 2. AMENDMENT OF MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT.

        Except as otherwise expressly provided, whenever in this
    Act an amendment or repeal is expressed in terms of an
    amendment to, or repeal of, a section or other provision, the
    reference shall be considered to be made to a section or other
    provision of the Magnuson Fishery Conservation and Management
    Act (16 U.S.C. 1801 et seq.).

                      TITLE I--CONSERVATION AND MANAGEMENT

              * * * * * * *

    SEC. 105. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS.

        (a) * * *
        (b) * * *
        (c) * * *
        (d) * * *
        (e) Atlantic Herring Transshipment.--Within 30 days of
    receiving an application, the Secretary shall, under section
    204(d) of the Magnuson Fishery Conservation and Management
    Act,\2\ as amended by this Act, issue permits to up to fourteen
    Canadian transport vessels that are not equipped for fish
    harvesting or processing, for the transshipment, within the
    boundaries of the State of Maine or within the portion of the
    exclusive economic zone east of the line 69 degrees 30 minutes
    west and within 12 nautical miles from the seaward boundary of
    that State, of Atlantic herring harvested by United States
    fishermen within the area described and used solely in sardine
    processing. In issuing a permit pursuant to this subsection,
    the Secretary shall provide a waiver under section 201(h)(2)(C)
    of the Magnuson Fishery Conservation and Management Act,\2\ as
    amended by this Act: Provided, That such vessels comply with
    Federal or State monitoring and reporting requirements for the
    Atlantic herring fishery, including the stationing of United
    States observers aboard such vessels, if necessary.
    ---------------------------------------------------------------------------
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
        (f) * * *
        (g) Russian Fishing in the Bering Sea.--No later than
    September 30, 1997, the North Pacific Fishery Management
    Council, in consultation with the North Pacific and Bering Sea
    Advisory Body, shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Resources of the House of Representatives a report describing
    the institutional structures in Russia pertaining to stock
    assessment, management, and enforcement for fishery harvests in
    the Bering Sea, and recommendations for improving coordination
    between the United States and Russia for managing and
    conserving Bering Sea fishery resources of mutual concern.
              * * * * * * *
                   f. Fishery Conservation Amendments of 1990

        Partial text of Public Law 101-627 [H.R. 2061], 104 Stat. 4436,
         approved November 28, 1990; as amended by Public Law 104-208
    [Department of Commerce and Related Agencies Appropriations Act; title
      II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110
                    Stat. 3009, approved September 30, 1996

     AN ACT To authorize appropriations to carry out the Magnuson-Stevens
     Fishery Conservation and Management Act \1\ through fiscal year 1993,
                            and for other purposes.

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

              Note.--This Act amended the Magnuson-Stevens Fishery
            Conservation and Management Act,\1\ the Atlantic Tunas
            Convention Act of 1975, the Fishermen's Protective Act
            of 1967, the Anadromous Fish Conservation Act, the
            Interjurisdictional Fisheries Act of 1986, Central,
            Western, and South Pacific Fisheries Development Act,
            the Fish and Seafood Promotion Act of 1986, the Act of
            August 11, 1939, and the Marine Mammal Protection Act
            of 1972. Title VIII, relating to negotiations on the
            export or import of anadromous fish or anadromous fish
            products, is presented here. Title IX, the Dolphin
            Protection Consumer Information Act, may be found at
            page 251.

                         short title; table of contents

        Section 1.\2\ (a) Short Title.--The Act may be cited as the
    ``Fishery Conservation Amendments of 1990''.
    ---------------------------------------------------------------------------
        \1\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
        \2\ 16 U.S.C. 1801 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--* * *
              * * * * * * *

                           TITLE VIII--MISCELLANEOUS

            certificate of legal origin for anadromous fish products

        Sec. 801.\3\ (a) Negotiations.--Within 60 days after the
    date of enactment of this act, the Secretary of States shall
    commence negotiations with nations which import or export
    anadromous fish or anadromous fish products for the purpose of
    securing general agreement among such nations to implement
    effective measures to prohibit international trade in
    anadromous fish or anadromous fish products unless such fish or
    fish products are accompanied by a valid certificate of legal
    origin attesting that the fish or fish product was lawfully
    harvested--
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 1822 note.
    ---------------------------------------------------------------------------
              (1) within the jurisdiction of a nation having
            naturally occurring or artificially established
            anadromous fish populations of the same species as the
            imported or export product; or
              (2) on the high seas according to an international
            agreement among nations with jurisdiction over more
            than 1 percent of the stocks of anadromous fish being
            so harvested.
        (b) Issuance of Certificates.--For the purposes of
    subsection (a), a valid certificate of legal origin may be
    issued only by a nation which--
              (1) is the nation having jurisdiction over the vessel
            or other means by which the fish or fish product was
            harvested; and
              (2) maintains regular harvests of anadromous fish in
            a manner consistent with the criteria for lawful
            harvests set out in subsection (a).
        (c) Bilateral or Multilateral Agreements.--Efforts
    undertaken by the Secretary of State pursuant to subsection (a)
    may, at the discretion of the Secretary, be directed toward
    achieving either bilateral or multilateral agreements,
    including trade agreements, whichever the Secretary determines
    to be most likely to result in the earliest possible date or
    dates of agreement by those nations which individually have in
    excess of $1,000,000, or the equivalent, in import or export
    trade in anadromous fish and anadromous fish products.
        (d) Regulations.--The Secretary of Commerce shall, within
    180 days after the date of enactment of this Act, promulgate
    regulations providing for--
              (1) the issuance of certificates of legal origin
            pursuant to agreements under subsection (a) for
            anadromous fish and anadromous fish products legally
            harvested by vessels of the United States;
              (2) the delegation of the authority to issue
            certificates of legal origin to States, territories, or
            possessions of the United States which the Secretary of
            Commerce determines to have implemented a program which
            is sufficient to accomplish the purposes of subsection
            (a); and
              (3) an orderly transition to such regulations,
            sufficient to ensure that United States commerce in
            anadromous fish and anadromous fish products is not
            unduly disrupted.
        (e) Report Required.--The Secretary of Commerce, after
    consultation with the Secretary of the Treasury, shall, within
    180 days after the date of enactment of this Act, submit to the
    Congress a report--
              (1) making recommendations as to the need for the
            adoption of United States import and export
            restrictions on anadromous fish and anadromous fish
            products consistent with subsection (a); and
              (2) identifying, evaluating, and making
            recommendations regarding any specific statutory or
            regulatory changes that may be necessary for the
            adoption of such restrictions.
        (f) Certification.--If, at any time following the
    promulgation of the regulations required by subsection (d), the
    Secretary of Commerce finds that any nation is engaging in
    trade in unlawfully taken anadromous fish or anadromous fish
    products, the Secretary shall certify that fact to the
    President, which certification shall be deemed to be a
    certification for the purposes of section 8(a)(1) of the
    Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(1)).
              * * * * * * *
            g. Fishery Conservation Zone Transition Act, as amended

    Partial text of Public Law 95-6, [H.J. Res. 240], 91 Stat. 14, approved
    February 21, 1977; as amended by Public Law 95-8 [H.R. 3753], 91 Stat.
    18, approved March 3, 1977; Public Law 95-73 [H.R. 5638], 91 Stat. 283,
     approved July 26, 1977; Public Law 95-219 [H.R. 9794], 91 Stat. 1613,
     approved December 28, 1977; Public Law 95-314 [H.R. 12571], 92 Stat.
    376, approved July 1, 1978; Public Law 97-212 [H.R. 3816], 96 Stat. 143
      at 148, approved June 30, 1982; Public Law 98-44 [S. 625], 97 Stat.
     216, approved July 12, 1983; Public Law 98-364 [H.R. 4997], 98 Stat.
    440 at 442, approved July 17, 1984; and Public Law 104-208 [Department
     of Commerce and Related Agencies Appropriations Act; title II of sec.
     101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
                          approved September 30, 1996

     JOINT RESOLUTION To give congressional approval to certain governing
      international fishery agreements negotiated in accordance with the
     Magnuson-Stevens Fishery Conservation and Management Act,\1\ and for
                                other purposes.
    ---------------------------------------------------------------------------

        \1\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
    Whereas the Government of the United States of America and the
        Governments of the People's Republic of Bulgaria, the
        Socialist Republic of Romania, the Republic of China, the
        German Democratic Republic, the Union of Soviet Socialist
        Republics, and the Polish People's Republic have signed
        governing international fishery agreements for the
        conservation, optimum utilization, and rational management
        of fisheries subject to the exclusive fishery management
        jurisdiction of the United States under the Magnuson-
        Stevens Fishery Conservation and Management Act \1\ (Public
        Law 94-265) (hereinafter referred to as the ``Act''); and
    Whereas the Act provides that after February 28, 1977, no
        foreign fishing is authorized within the fishery
        conservation zone, or for anadromous species or Continental
        Shelf fishery resources beyond the fishery conservation
        zone, unless (among other exceptions and requirements) such
        foreign fishing is authorized and conducted pursuant to a
        governing international fishery agreement; and
    Whereas the Act also provides that no governing international
        fishery agreement shall become effective with respect to
        the United States before the close of the first 60 calendar
        days of continuous session of the Congress after the date
        on which the President transmits to the House of
        Representatives and to the Senate a document setting forth
        the text of such governing international agreement; and
    Whereas the Act further provides that Congress may prohibit the
        entering into force and effect of any governing
        international fishery agreement by enactment of a joint
        resolution originating in either House of Congress during
        such 60-day period; and
    Whereas, the sixty-day period will not elapse with respect to
        any governing international fishery agreement, referred to
        in the first clause of this preamble, before March 1, 1977,
        the date on which the fishery conservation zone of the
        United States takes effect; and
    Whereas early congressional action on these governing
        international fishery agreements is necessary in order that
        fishing vessels of the foreign nations concerned may be
        permitted to fish in the fishery conservation zone after
        February 28, 1977, in compliance with such Act; and
    Whereas these governing international fishery agreements
        substantially comply with the requirements relating to such
        agreements contained in section 201(c) of the Act: Now,
        therefore, be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That this joint
    resolution may be cited as the ``Fishery Conservation Zone
    Transition Act''.\2\
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 1801 note.
    ---------------------------------------------------------------------------

    SEC. 2.\3\ CONGRESSIONAL APPROVAL OF CERTAIN GOVERNING INTERNATIONAL
                        FISHERY AGREEMENTS.

        (a) \4\ Notwithstanding section 203 of the Magnuson-Stevens
    Fishery Conservation and Management Act,\1\ the governing
    international fishery agreement between the Government of the
    United States of America and--
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 1823 note.
        \4\ Sec. 10(a) of Public Law 97-212 (96 Stat. 148) added the
    subsec. designation ``(a)'' and a new subsec. (b).
    ---------------------------------------------------------------------------
              (1) the Government of the People's Republic of
            Bulgaria Concerning Fisheries Off the Coasts of the
            United States, as contained in the message to Congress
            from the President of the United States dated January
            14, 1974;
              (2) the Government of the Socialist Republic of
            Romania Concerning Fisheries Off the Coasts of the
            United States, as contained in the message to Congress
            from the President of the United States dated January
            10, 1977;
              (3) the Government of the Republic of China
            Concerning Fisheries Off the Coasts of the United
            States, as contained in the message to Congress from
            the President of the United States dated January 10,
            1977;
              (4) the Government of the German Democratic Republic
            Concerning Fisheries Off the Coasts of the United
            States, as contained in the message to Congress from
            the President of the United States dated January 10,
            1977;
              (5) the Government of the Union of Soviet Socialist
            Republics Concerning Fisheries Off the Coasts of the
            United States, as contained in the message to Congress
            from the President of the United States dated January
            10, 1977;
              (6) the Government of the Polish People's Republic
            Concerning Fisheries Off the Coasts of the United
            States, as contained in the message to Congress from
            the President of the United States dated September 16,
            1976;
              (7) \5\, \6\ the European Economic
            Community Concerning Fisheries Off the Coasts of the
            United States, as contained in the message to Congress
            from the President of the United States dated February
            21, 1977;
    ---------------------------------------------------------------------------
        \5\ Public Law 95-8 (91 Stat. 18) added paras. (7), (8), (9), and
    (10).
        \6\ Sec. 106 of Public Law 98-364 (98 Stat. 442) provided the
    following:
        ``Sec. 106. Notwithstanding any provisions of the Magnuson Fishery
    Conservation and Management Act (16 U.S.C. 1801 et seq.), and upon
    certification by the Secretary of State to the President of the Senate
    and the Speaker of the House of Representatives that a new governing
    international fishery agreement in conformity with such Act has been
    negotiated by the United States and the European Economic Community,
    the existing governing international fishery agreement referred to in
    section 2(a)(7) of the Fishery Conservation Zone Transition Act (16
    U.S.C. 1823, note) may be extended or reinstated, as the case may be,
    and may be in force and effect with respect to the United States, for
    the period of time ending on the earlier of (1) the effective date of
    the new governing international fishery agreement, or (2) September 30,
    1984.''.
    ---------------------------------------------------------------------------
              (8) \5\ the Government of Japan Concerning Fisheries
            Off the Coasts of the United States (for 1977), as
            contained in the message to Congress from the President
            of the United States dated February 21, 1977;
              (9) \5\, \7\ the Government of the
            Republic of Korea Concerning Fisheries Off the Coasts
            of the United States, as contained in the message to
            Congress from the President of the United States dated
            February 21, 1977;
    ---------------------------------------------------------------------------
        \7\ Sec. 10(b) of Public Law 97-212 (96 Stat. 148) provided the
    following:
        ``(b) Notwithstanding any provision of the Act entitled `An Act for
    the conservation and management of the fisheries, and for other
    purposes', dated April 13, 1976 (16 U.S.C. 1810 et seq.), the governing
    international fishery agreements referred to in section 2(a) (9) and
    (10) of the Fishery Conservation Zone Transition Act shall be extended,
    and shall be in force and effect with respect to the United States, for
    the period of time ending on--
    ---------------------------------------------------------------------------

      ``(1) the deadline for completion of Congressional review, pursuant to
    section 203(a) of such 1976 Act, of any new governing international fishery
    agreement signed, on or before July 31, 1982, by the United States and the
    respective foreign government that is a party to the agreement in question;
    or

      ``(2) July 31, 1982, if the United States and the respective foreign
    government that is a party to the agreement in question fail to sign a new
    governing international fishery agreement on or before that date.''.

              (10) \5\, \7\ the Government of Spain
            Concerning Fisheries Off the Coasts of the United
            States, as contained in the message to Congress from
            the President of the United States dated February 21,
            1977; and
              (11) \8\ the Government of Mexico Concerning
            Fisheries Off the Coasts of the United States, as
            contained in the message to Congress from the President
            of the United States dated October 7, 1977;
    ---------------------------------------------------------------------------
        \8\ Sec. 1 of Public Law 95-219 (91 Stat. 1613) added para. (11).
    ---------------------------------------------------------------------------
    is hereby approved by the Congress as a governing international
    fishery agreement for purposes of the Magnuson-Stevens Fishery
    Conservation and Management Act.\1\ Each such agreement
    referred to in paragraphs (1) through (6) shall enter into
    force and effect with respect to the United States on the date
    of the enactment of this joint resolution, and each such
    agreement referred to in paragraphs (7) through (11) shall
    enter into force and effect with respect to the United States
    on February 27, 1977.\9\
    ---------------------------------------------------------------------------
        \9\ Public Law 95-8 (91 Stat. 18) amended and restated this
    sentence in order to reflect the additions of paras. (7) through (10).
    Public Law 95-219 (91 Stat. 1613) further amended this sentence in
    order to reflect the addition of para. (11).
    ---------------------------------------------------------------------------
        (b) \4\ Notwithstanding such section 203--
              (1) the governing international fishery agreement
            referred to the subsection (a)(5), as extended until
            July 1, 1983 pursuant to the Diplomatic Notes referred
            to in the message to the Congress from the President of
            the United States dated May 11, 1982, is hereby
            approved by the Congress as a governing international
            fishery agreement for the purposes of such Act of 1976;
              (2) the governing international fishery agreement
            between the American Institute in Taiwan and the
            Coordination Council for North American Affairs, as
            contained in the message to the House of
            Representatives and the Senate from the Secretary of
            State dated June 15, 1982, is hereby approved by the
            Congress as a governing international fishery agreement
            for the purposes of the Act of 1976; and
              (3) the governing international fishery agreement
            referred to in subsection (a)(6), as extended until
            July 1, 1983 pursuant to the Diplomatic Notes referred
            to in the message to the Congress from the President of
            the United States dated June 21, 1982, is hereby
            approved by the Congress as a governing international
            fishery agreement for the purposes of such Act of 1976.
    Each such governing international fishery agreement shall enter
    into force and effect with respect to the United States on July
    1, 1982.
        (c) \10\ Notwithstanding such section 203--
    ---------------------------------------------------------------------------
        \10\ Sec. 105 of Public Law 98-44 (97 Stat. 217) added subsec. (c).
    ---------------------------------------------------------------------------
              (1) the governing international fishery agreement
            referred to in subsection (a)(5), as extended until
            December 31, 1985,\11\ pursuant to the Diplomatic Notes
            referred to in the message to the Congress from the
            President of the United States dated May 8, 1984,\12\
            is hereby approved by the Congress as a governing
            international fishery agreement for the purposes of
            such Act of 1976;
    ---------------------------------------------------------------------------
        \11\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``July
    1, 1984'' and inserted in lieu thereof ``December 31, 1985''.
        \12\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``May
    3, 1983'' and inserted in lieu thereof ``May 8, 1984''.
    ---------------------------------------------------------------------------
              (2) the governing international fishery agreement
            referred to in subsection (a)(6), as extended until
            December 31, 1985,\11\ pursuant to the Diplomatic Notes
            referred to in the message to the Congress from the
            President of the United States dated May 8, 1984,\12\
            is hereby approved by the Congress as a governing
            international fishery agreement for the purposes of
            such Act of 1976; and
              (3) the governing international fishery agreement
            referred to in subsection (a)(4), as contained in the
            message to the House of Representatives and the Senate
            from the President of the United States dated May 3,
            1983, is hereby approved by the Congress as a governing
            international fishery agreement for the purposes of
            such Act of 1976.
        The government international fishery agreements referred to
    in paragraphs (1) and (2) shall enter into force and effect
    with respect to the United States on July 1, 1984; and the
    governing international fishery agreement referred to in
    paragraph (3) \13\ shall enter into force and effect with
    respect to the United States on July 1, 1983.
    ---------------------------------------------------------------------------
        \13\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``Each
    such governing international fishery agreement'' and inserted in lieu
    thereof ``The government international fishery agreements referred to
    in paragraphs (1) and (2) shall enter into force and effect with
    respect to the United States on July 1, 1984; and the governing
    international fishery agreement referred to in paragraph (3)''.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 4. REPEAL OF NORTHWEST ATLANTIC FISHERIES ACT OF 1950.

        The Northwest Atlantic Fisheries Act of 1950 (16 U.S.C.
    981-991) is repealed as of March 1, 1977.

    SEC. 5.\14\ RECIPROCAL FISHERIES AGREEMENT BETWEEN THE UNITED STATES
                        AND CANADA.

        (a) \15\ Congressional Approval.--The Congress hereby
    approves the Reciprocal Fisheries Agreement for 1978 between
    the Government of the United States and the Government of
    Canada (hereinafter in this section referred to as the
    ``Agreement'') as contained in the message to Congress from the
    President of the United States dated May 1, 1978. The Agreement
    shall be in force and effect with respect to the United States
    from January 1, 1978, until such later date in 1978 as may be
    determined pursuant to the terms of the Agreement.
    ---------------------------------------------------------------------------
        \14\ 16 U.S.C. 1823 note. Public Law 95-73 (91 Stat. 283) added
    sec. 5.
        \15\ Public Law 95-314 (92 Stat. 376) amended and restated subsec.
    (a). Former subsec. (a) concerned congressional approval for a 1977
    Reciprocal Fisheries Agreement between the United States and Canada.
    ---------------------------------------------------------------------------
        (b) Application.--During the period when the Agreement is
    in force and effect with respect to the United States--
              (1) vessels and nationals of Canada may fish within
            the fishery conservation zone, or for anadromous
            species and Continental Shelf fishery resources beyond
            such zone, but only pursuant to, and in accordance
            with, the provisions of the Agreement; and
              (2) title II of the Magnuson-Stevens Fishery
            Conservation and Management Act \1\ (relating to
            foreign fishing and international fishery agreements)
            and section 307 of such Act of 1976 (relating to
            prohibited acts) shall not apply with respect to
            fishing within the fishery conservation zone, or for
            anadromous species and Continental Shelf fishery
            resources beyond such zone, by vessels and nationals of
            Canada which is pursuant to, and in accordance with,
            the provisions of the Agreement.
        (c) Fishing Statistics.--(1) Any person who--
              (A) owns or operates any fishing vessel which--
                      (i) is a vessel of the United States, and
                      (ii) engages in fishing to which the
                    Agreement applies; or
              (B) directly or indirectly receives, or may receive,
            fish to which the Agreement applies in the course of a
            commercial activity in quantities determined by the
            Secretary to be sufficient to assist in the carrying
            out of this paragraph,
    shall submit to the Secretary such statistics (including, but
    not limited to, catch data) regarding such fishing or such
    receipt of fish as are necessary to fulfill the obligations of
    the United States under article XIII of the Agreement. The
    Secretary, after consultation with the Secretary of State,
    shall issue such regulations as are necessary and appropriate
    to carry out the purposes of this paragraph. Section 303(d) of
    the Magnuson-Stevens Fishery Conservation and Management Act
    \1\ (relating to the confidentiality of statistics) shall apply
    with respect to all statistics submitted under this paragraph.
        (2) Any violation of paragraph (1), or of any regulation
    issued pursuant to paragraph (1), by any person shall be deemed
    to be an act prohibited by section 307 of the Magnuson-Stevens
    Fishery Conservation and Management Act.\1\ Any person who
    commits any such violation shall be liable to the United States
    for a civil penalty as provided for in section 308 of such Act
    of 1976. Sections 309 (relating to criminal offenses) and 310
    (relating to civil forfeiture) of such Act of 1976 shall not
    apply with respect to any such violation.
        (d) Definitions.--As used in this section, the terms
    ``anadromous species'', ``Continental Shelf fishery
    resources'', ``fishing conservation zone'',\16\ ``fishing'',
    ``fishing vessel'', ``Secretary'', and ``vessel of the United
    States'' shall have the same respective meanings as are given
    to such terms in section 3 of the Magnuson-Stevens Fishery
    Conservation and Management Act.\1\
    ---------------------------------------------------------------------------
        \16\ Sec. 101(c)(2) of Public Law 99-659 (100 Stat. 3707) struck
    out ``exclusive economic zone'' and inserted in lieu thereof ``fishery
    conservation zone''.
                   h. Deep Seabed Hard Mineral Resources Act

    Public Law 96-283 [H.R. 2759], 94 Stat. 553, approved June 28, 1980; as
       amended by Public Law 97-416 [H.R. 6120], 96 Stat. 2084, approved
    January 4, 1983; Public Law 98-623 [H.R. 6342], 98 Stat. 3394 at 3408,
      approved November 8, 1984; Public Law 99-507 [H.R. 4212], 100 Stat.
     1847, approved October 21, 1986; Public Law 101-178 [H.R. 2120], 103
    Stat. 1297, approved November 28, 1989; Public Law 104-208 [Department
     of Commerce and Related Agencies Appropriations Act; title II of sec.
     101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
     approved September 30, 1996; and Public Law 107-273 [H.R. 2215], 116
                     Stat. 1758, approved November 2, 2002

    AN ACT To establish an interim procedure for the orderly development of
       hard mineral resources in the deep seabed, pending adoption of an
         international regime relating thereto, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Deep Seabed Hard Mineral
    Resources Act''.
    ---------------------------------------------------------------------------
        \1\ 30 U.S.C. 1401 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS AND PURPOSES.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 30 U.S.C. 1401.
    ---------------------------------------------------------------------------
              (1) the United States' requirements for hard minerals
            to satisfy national industrial needs will continue to
            expand and the demand for such minerals will
            increasingly exceed the available domestic sources of
            supply;
              (2) in the case of certain hard minerals, the United
            States is dependent upon foreign sources of supply and
            the acquisition of such minerals from foreign sources
            is a significant factor in the national balance-of-
            payments position;
              (3) the present and future national interest of the
            United States requires the availability of hard mineral
            resources which is independent of the export policies
            of foreign nations;
              (4) there is an alternate source of supply, which is
            significant in relation to national needs, of certain
            hard minerals, including nickel, copper, cobalt, and
            manganese, contained in the nodules existing in great
            abundance on the deep seabed;
              (5) the nations of the world, including the United
            States, will benefit if the hard mineral resources of
            the deep seabed beyond limits of national jurisdiction
            can be developed and made available for their use;
              (6) in particular, future access to the nickel,
            copper, cobalt, and manganese resources of the deep
            seabed will be important to the industrial needs of the
            nations of the world, both developed and developing;
              (7) on December 17, 1970, the United States supported
            (by affirmative vote) the United Nations General
            Assembly Resolution 2749 (XXV) declaring inter alia the
            principle that the mineral resources of the deep seabed
            are the common heritage of mankind, with the
            expectation that this principle would be legally
            defined under the terms of a comprehensive
            international Law of the Sea Treaty yet to be agreed
            upon;
              (8) it is in the national interest of the United
            States and other nations to encourage a widely
            acceptable Law of the Sea Treaty, which will provide a
            new legal order for the oceans covering a broad range
            of ocean interests, including exploration for and
            commercial recovery of hard mineral resources of the
            deep seabed;
              (9) the negotiations to conclude such a Treaty and
            establish the international regime governing the
            exercise of rights over, and exploration of, the
            resources of the deep seabed, referred to in General
            Assembly Resolution 2749 (XXV) are in progress but may
            not be concluded in the near future;
              (10) even if such negotiations are completed
            promptly, much time will elapse before such an
            international regime is established and in operation;
              (11) development of technology required for the
            exploration and recovery of hard mineral resources of
            the deep seabed will require substantial investment for
            many years before commercial production can occur, and
            must proceed at this time if deep seabed minerals are
            to be available when needed;
              (12) it is the legal opinion of the United States
            that exploration for and commercial recovery of hard
            mineral resources of the deep seabed are freedoms of
            the high seas subject to a duty of reasonable regard to
            the interests of other states in their exercise of
            those and other freedoms recognized by general
            principles of international law;
              (13) pending a Law of the Sea Treaty, and in the
            absence of agreement among states on applicable
            principles of international law, the uncertainty among
            potential investors as to the future legal regime is
            likely to discourage or prevent the investments
            necessary to develop deep seabed mining technology;
              (14) pending a Law of the Sea Treaty, the protection
            of the marine environment from damage caused by
            exploration or recovery of hard mineral resources of
            the deep seabed depends upon the enactment of suitable
            interim national legislation;
              (15) a Law of the Sea Treaty is likely to establish
            financial arrangements which obligate the United States
            or United States citizens to make payments to an
            international organization with respect to exploration
            or recovery of the hard mineral resources of the deep
            seabed; and
              (16) legislation is required to establish an interim
            legal regime under which technology can be developed
            and the exploration and recovery of the hard mineral
            resources of the deep seabed can take place until such
            time as a Law of the Sea Treaty enters into force with
            respect to the United States.
        (b) Purposes.--The Congress declares that the purposes of
    this Act are--
              (1) to encourage the successful conclusion of a
            comprehensive Law of the Sea Treaty, which will give
            legal definition to the principle that the hard mineral
            resources of the deep seabed are the common heritage of
            mankind and which will assure, among other things,
            nondiscriminatory access to such resources for all
            nations;
              (2) pending the ratification by, and entering into
            force with respect to, the United States of such a
            Treaty, to provide for the establishment of an
            international revenue-sharing fund the proceeds of
            which shall be used for sharing the international
            community pursuant to such Treaty;
              (3) to establish, pending the ratification by, and
            entering into force with respect to, the United States
            of such a Treaty, an interim program to regulate the
            exploration for the commercial recovery of hard mineral
            resources of the deep seabed by United States citizens;
              (4) to accelerate the program of environmental
            assessment of exploration for and commercial recovery
            of hard mineral resources of the deep seabed and assure
            that such exploration and recovery activities are
            conducted in a manner which will encourage the
            conservation of such resources, protect the quality of
            the environment, and promote the safety of life and
            property at sea; and
              (5) to encourage the continued development of
            technology necessary to recover the hard mineral
            resources of the deep seabed.

    SEC. 3.\3\ INTERNATIONAL OBJECTIVES OF THIS ACT.

        (a) Disclaimer of Extraterritorial Sovereignty.--By the
    enactment of this Act, the United States--
    ---------------------------------------------------------------------------
        \3\ 30 U.S.C. 1402.
    ---------------------------------------------------------------------------
              (1) exercises its jurisdiction over United States
            citizens and vessels, and foreign persons and vessels
            otherwise subject to its jurisdiction, in the exercise
            of the high seas freedom to engage in exploration for,
            and commercial recovery of, hard mineral resources of
            the deep seabed in accordance with generally accepted
            principles of international law recognized by the
            United States; but
              (2) does not thereby assert sovereignty of sovereign
            or exclusive rights or jurisdiction over, or the
            ownership of, any areas or resources in the deep
            seabed.
        (b) Secretary of State.--(1) The Secretary of State is
    encouraged to negotiate successfully a comprehensive Law of the
    Sea Treaty which, among other things, provides assured and
    nondiscriminatory access to the hard mineral resources of the
    deep seabed for all nations, gives legal definition to the
    principle that the resources of the deep seabed are the common
    heritage of mankind, and provides for the establishment of
    requirements for the protection of the quality of the
    environment as stringent as those promulgated pursuant to this
    Act.
        (2) Until such a Treaty is concluded, the Secretary of
    State is encouraged to promote any international actions
    necessary to adequately protect the environment from adverse
    impacts which may result from any exploration for and
    commercial recovery of hard mineral resources of the deep
    seabed carried out by persons not subject to this Act.

    SEC. 4.\4\ DEFINITIONS.

        For purposes of this Act, the term--
    ---------------------------------------------------------------------------
        \4\ 30 U.S.C. 1403.
    ---------------------------------------------------------------------------
              (1) ``commercial recovery'' means--
                      (A) any activity engaged in at sea to recover
                    any hard mineral resource at a substantial rate
                    for the primary purpose of marketing or
                    commercially using such resource to earn a net
                    profit, whether or not such net profit is
                    actually earned;
                      (B) if such recovered hard mineral resource
                    will be processed at sea, such processing; and
                      (C) if the waste of such activity to recover
                    any hard mineral resource, or of such
                    processing at sea, will be disposed of at sea,
                    such disposal;
              (2) ``Continental Shelf'' means--
                      (A) the seabed and subsoil of the submarine
                    areas adjacent to the coast, but outside the
                    area of the territorial sea, to a depth of 200
                    meters or, beyond that limit, to where the
                    depth of the superjacent waters admits of the
                    exploitation of the natural resources of such
                    submarine area; and
                      (B) the selected and subsoil of similar
                    submarine areas adjacent to the coast of
                    islands;
              (3) ``controlling interest'', for purposes of
            paragraph 14(C) of this section, means a director or
            indirect legal or beneficial interest in or influence
            over another person arising through ownership of
            capital stock, interlocking directorates or officers,
            contractual relations, or other similar means, which
            substantially affect the independent business behavior
            of such person;
              (4) ``deep seabed'' means the seabed, and the subsoil
            thereof to a depth of ten meters, lying seaward of and
            outside--
                      (A) the Continental Shelf of any nation; and
                      (B) any area of national resource
                    jurisdiction of any foreign nation, if such
                    area extends beyond the Continental Shelf of
                    such nation and such jurisdiction is recognized
                    by the United States;
              (5) ``exploration'' means--
                      (A) any at-sea observation and evaluation
                    activity which has, as its objective, the
                    establishment and documentation of--
                              (i) the nature, shape, concentration,
                            location, and tenor of a hard mineral
                            resource; and
                              (ii) the environmental, technical,
                            and other appropriate factors which
                            must be taken into account to achieve
                            commercial recovery; and
                      (B) the taking from the deep seabed of such
                    quantities of any hard mineral resource as are
                    necessary for the design, fabrication, and
                    testing of equipment which is intended to be
                    used in the commercial recovery and processing
                    of such resource;
              (6) ``hard mineral resource'' means any deposit or
            accretion on, or just below, the surface of the deep
            seabed of nodules which include one or more minerals at
            least one of which contains, manganese, nickel, cobalt,
            or copper;
              (7) ``international agreement'' means a comprehensive
            agreement concluded through negotiations at the Third
            United Nations Conference on the Law of the Sea,
            relating to (among other matters) the exploration for
            and commercial recovery of hard mineral resources and
            the establishment of an international regime for the
            regulation thereof;
              (8) ``licensee'' means the holder of a license issued
            under title I of this Act to engage in exploration;
              (9) ``permittee'' means the holder of a permit issued
            under title I of this Act to engage in commercial
            recovery;
              (10) ``person'' means any United States citizen, any
            individual, and any other corporation, partnership,
            joint venture, association, or other entity organized
            or existing under the laws of any nation;
              (11) ``reciprocating state'' means any foreign nation
            designated as such by the Administration under section
            118;
              (12) ``Administrator'' means the administrator of the
            National Oceanic and Atmospheric Administration;
              (13) ``United States'' means the several States, the
            District of Columbia, the Commonwealth of Puerto Rico,
            American Samoa, the United States Virgin Islands, Guam,
            and any other Commonwealth, territory, or possession of
            the United States; and
              (14) ``United States citizen'' means--
                      (A) any individual who is a citizen of the
                    United States;
                      (B) any corporation, partnership, joint
                    venture, association, or other entity organized
                    or existing under the laws of any of the United
                    States; and
                      (C) any corporation, partnership, joint
                    venture, association, or other entity (whether
                    organized or existing under the laws of any of
                    the United States or a foreign nation) if the
                    controlling interest in such entity is held by
                    an individual or entity described in
                    subparagraph (A) or (B).

     TITLE I--REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY UNITED
                                STATES CITIZENS

    SEC. 101.\5\ PROHIBITED ACTIVITIES BY UNITED STATES CITIZENS.

        (a) Prohibited Activities and Exceptions.--(1) No United
    States citizen may engage in any exploration or commercial
    recovery unless authorized to do so under--
    ---------------------------------------------------------------------------
        \5\ 30 U.S.C. 1411.
    ---------------------------------------------------------------------------
              (A) a license or a permit issued under this title;
              (B) a license, permit, or equivalent authorization
            issued by a reciprocating state; or
              (C) an international agreement which is in force with
            respect to the United States.
        (2) The prohibitions of this subsection shall not apply to
    any of the following activities:
              (A) Scientific research, including that concerning
            hard mineral resources.
              (B) Mapping, or the taking of any geophysical,
            geochemical, oceanographic, or atmospheric measurements
            or random bottom samplings of the deep seabed, if such
            taking does not significantly alter the surface or
            subsurface of the deep seabed or significantly affect
            the environment.
              (C) The design, construction, or testing of equipment
            and facilities which will or may be used for
            exploration or commercial recovery, if such design,
            construction, or testing is conducted on shore, or does
            not involve the recovery of any incidental hard mineral
            resources.
              (D) The furnishing of machinery, products, supplies,
            services, or materials for any exploration or
            commercial recovery conducted under a license or permit
            issued under this title, a license or permit or
            equivalent authorization issued by a reciprocating
            state, or under an international agreement.
              (E) Activities, other than exploration or commercial
            recovery activities, of the Federal Government.
        (b) Existing Exploration.--(1) Subsection (a)(1)(A) shall
    not be deemed to prohibit any United States citizen who is
    engaged in exploration before the effective date of this Act
    from continuing to engage in such exploration--
              (A) if such citizen applies for a license under
            section 103(a) with respect to such exploration within
            such reasonable period of time, after the date on which
            initial regulations to implement section 103(a) are
            issued, as the Administrator shall prescribe; and
              (B) until such license is issued to such citizen or a
            final administrative or judicial determination is made
            affirming the denial of certification of the
            application for, or issuance of, such license.
        (2) Notwithstanding paragraph (1), if the President by
    Executive order determines that immediate suspension of
    exploration activities is necessary for the reasons set forth
    in section 106(a)(2)(B) or the Administrator determines that
    immediate suspension of activities is necessary to prevent a
    significant adverse effect on the environment or to preserve
    the safety of life and property at sea, the Administrator is
    authorized, notwithstanding any other requirement of this Act,
    to issue an emergency order requiring any United States citizen
    who is engaged in exploration before the effective date of this
    Act to immediately suspend exploration activities. The issuance
    of such emergency order is subject to judicial review as
    provided in chapter 7 of title 5, United States Code.
        (3) The timely filing of any application for a license
    under paragraph (1)(A) shall entitle the applicant to priority
    of right for the issuance of such license under section 103(b).
    In any case in which more than one application referred to in
    paragraph (1) is filed based on exploration plans required by
    section 103(a)(2) which refer to all or part of the same deep
    seabed area, the Administrator shall, in taking action on such
    applications, apply principles of equity which take into
    consideration, among other things, the date on which the
    applicants or predecessors in interest, or component
    organizations thereof, commenced exploration activities and the
    continuity and extent of such exploration and amount of funds
    expended with respect to such exploration.
        (c) Interference.--No United States citizen may interfere
    or participate in interference with any activity conducted by
    any licensee or permittee which is authorized to be undertaken
    under a license or permit issued by the United States to the
    licensee or permittee under this Act or with any activity
    conducted by the holder of, and authorized to be undertaken
    under, a license or permit or equivalent authorization issued
    by a reciprocating state for the exploration or commercial
    recovery of hard mineral resources. United States citizens
    shall exercise their rights on the high seas with reasonable
    regard for the interests of other states in their exercise of
    the freedoms of the high seas.

    SEC. 102.\6\ LICENSES FOR EXPLORATION AND PERMITS FOR COMMERCIAL
                        RECOVERY.

        (a) Authority To Issue.--Subject to the provisions of this
    Act, the Administrator shall issue to applicants who are
    eligible therefor licenses for exploration and permits for
    commercial recovery.
    ---------------------------------------------------------------------------
        \6\ 30 U.S.C. 1412.
    ---------------------------------------------------------------------------
        (b) Nature of Licenses and Permits.--(1) A license or
    permit issued under this title shall authorize the holder
    thereof to engage in exploration or commercial recovery, as the
    case may be, consistent with the provisions of this Act, the
    regulations issued by the Administrator to implement the
    provisions of this Act, and the specific terms, conditions, and
    restrictions applied to the license or permit by the
    Administrator.
        (2) Any license or permit issued under this title shall be
    exclusive with respect to the holder thereof as against any
    other United States legal entity organized or existing under
    the laws of, any reciprocating state.
        (3) A valid existing license shall entitle the holder, if
    otherwise eligible under the provisions of this Act and
    regulations issued under this Act, to a permit for commercial
    recovery. Such a permit recognizes the right of the holder to
    recover hard mineral resources, and to own, transport, use, and
    sell hard mineral resources recovered, under the permit and in
    accordance with the requirements of this Act.
        (4) In the event of interference with the exploration or
    commercial recovery activities of a licensee or permittee by
    nationals of other states, the Secretary of State shall use all
    peaceful means to resolve the controversy by negotiation,
    conciliation, arbitration, or resort to agreed tribunals.
        (c) Restrictions.--(1) The Administrator may not issue--
              (A) any license or permit after the date on which an
            international agreement is ratified by and enters into
            force with respect to the United States, except to the
            extent that issuance of such license or permit is not
            inconsistent with such agreement;
              (B) any license or permit the exploration plan or
            recovery plan of which, submitted pursuant to section
            103(a)(2), would apply to an area to which applies, or
            would conflict with, (i) any exploration plan or
            recovery plan submitted with any pending application to
            which priority of right for issuance applies under
            section 103(b), (ii) any exploration plan or recovery
            plan associated with any existing license or permit, or
            (iii) any equivalent authorization which has been
            issued, or for which formal notice of application has
            been submitted, by a reciprocating state prior to the
            filing date of any relevant application for licenses or
            permits pursuant to this title;
              (C) a permit authorizing commercial recovery within
            any area of the deep seabed in which exploration is
            authorized under a valid existing license if such
            permit is issued to other than the licensee for such
            area;
              (D) any exploration license before July 1, 1981, or
            any permit which authorizes commercial recovery to
            commence before January 1, 1983;
              (E) any license or permit the exploration plan or
            recovery plan for which applies to any area of the deep
            seabed if, within the 3-year period before the date of
            application for such license or permit, (i) the
            applicant therefor surrendered or relinquished such
            area under an exploration plan or recovery plan
            associated with a previous license or permit issued to
            such applicant, or (ii) a license or permit previously
            issued to the applicant had an exploration plan or
            recovery plan which applied to such area and such
            license or permit was revoked under section 106; or
              (F) a license or permit, or approve the transfer of a
            license or permit, except to a United States citizen.
        (2) No permittee may use any vessel for the commercial
    recovery of hard mineral resources or for the processing at sea
    at hard mineral resources recovered under the permit issued to
    the permittee unless the vessel is documented under the laws of
    the United States.
        (3) Each permittee shall use at least one vessel documented
    under the laws of the United States for the transportation from
    each mining site of hard mineral resources recovered under the
    permit issued to the permittee.
        (4) For purposes of the shipping laws of the United States,
    any vessel documented under the laws of the United States and
    used in the commercial recovery, processing, or transportation
    from any mining site of hard mineral resources recovered under
    a permit issued under this title shall be deemed to be used in,
    and used in an essential service in, the foreign commerce of
    foreign trade of the United States, as defined in section
    905(a) of the Merchant Marine Act, 1936, and shall be deemed to
    be a vessel as defined in section 1101(b) of that Act.
        (5) Except as otherwise provided in this paragraph, the
    processing on land of hard mineral resources recovered pursuant
    to a permit shall be conducted within the United States;
    Provided, That the President does not determine that such
    restrictions contravene the overriding national interests of
    the United States. The Administrator may allow the processing
    of hard mineral resources at a place other than within the
    United States if he finds, after opportunity for an agency
    hearing, that--
              (A) the processing of the quantity concerned of such
            resource at a place other than within the United States
            is necessary for the economic viability of the
            commercial recovery activities of a permittee; and
              (B) satisfactory assurances have been given by the
            permittee that such resource, after processing, to the
            extent of the permittee's ownership therein, will be
            returned to the United States for domestic use, if the
            Administrator so requires after determining that the
            national interest necessitates such return.

    SEC. 103.\7\ LICENSE AND PERMIT APPLICATIONS, REVIEW, AND
                        CERTIFICATION.

        (a) Applications.--(1) Any United States citizen may apply
    to the Administrator for the issuance of transfer of a license
    for exploration or a permit for commercial recovery.
    ---------------------------------------------------------------------------
        \7\ 30 U.S.C. 1413.
    ---------------------------------------------------------------------------
        (2)(A) Applications for issuance or transfer of license for
    exploration and permits for commercial recovery shall be made
    in such form and manner as the Administrator shall prescribe in
    general and uniform regulations and shall contain such relevant
    financial, technical, and environmental information as the
    Administrator may by regulations require as being necessary and
    appropriate for carrying out the provisions of this title. In
    accordance with such regulations, each applicant for the
    issuance of a license shall submit an exploration plan as
    described in subparagraph (B), and each applicant for a permit
    shall submit a recovery plan as described in subparagraph (C).
        (B) The exploration plan for a license shall set forth the
    activities proposed to be carried out during the period of the
    license, describe the area to be explored, and include the
    intended exploration schedule and methods to be used, the
    development and testing of systems for commercial recovery to
    take place under the terms of the license, an estimated
    schedule of expenditures, measures to protect the environment
    and to monitor the effectiveness of environmental safeguards
    and monitoring systems for commercial recovery, and such other
    information as is necessary and appropriate to carry out the
    provisions of this title. The area set forth in an exploration
    plan shall be of sufficient size to allow for intensive
    exploration.
        (C) The recovery plan for a permit shall set forth the
    activities proposed to be carried out during the period of the
    permit, and shall include the intended schedule of commercial
    recovery, environmental safeguards and monitoring systems,
    details of the area or areas proposed for commercial recovery,
    a resource assessment thereof, the methods and technology to be
    used for commercial recovery and processing, the methods to be
    used for disposal of wastes from recovery and processing, and
    such other information as is necessary and appropriate to carry
    out the provisions of this title.
        (D) The applicant shall select the size and location of the
    area of the exploration plan or recovery plan, which area shall
    be approved unless the Administrator finds that--
              (i) the area is not a logical mining unit; or
              (ii) commercial recovery activities in the proposed
            location would result in a significant adverse impact
            on the quality of the environment which cannot be
            avoided by the imposition of reasonable restrictions.
        (E) For purposes of subparagraph (D), ``logical mining
    unit'' means--
              (i) in the case of a license for exploration, an area
            of the deep seabed which can be explored under the
            license in an efficient economical, and orderly manner
            with due regard for conservation and protection of the
            environment, taking into consideration the resource
            data, other relevant physical and environmental
            characteristics, and the state of the technology of the
            applicant as set forth in the exploration plan; or
              (ii) in the case of a permit, an area of the deep
            seabed--
                      (I) in which hard mineral resources can be
                    recovered in sufficient quantities to satisfy
                    the permittee's estimated production
                    requirements over the initial 20-year term of
                    the permit in an efficient, economical, and
                    orderly manner with due regard for conservation
                    and protection of the environment, taking into
                    consideration the resource data, other relevant
                    physical and environmental characteristics, and
                    the state of the technology of the applicant
                    set out in the recovery plan;
                      (II) which is not larger than is necessary to
                    satisfy the permittee's estimated production
                    requirements over the initial 20-year term of
                    the permit; and
                      (III) in relation to which the permittee's
                    estimated production requirements are not found
                    by the Administrator to be unreasonable.
        (b) Priority of Right for Issuance.--Subject to section
    101(b), priority of right for the issuance of licenses to
    applicants shall be established on the basis of the
    chronological order in which license applications which are in
    substantial compliance with the requirements established under
    subsection (a)(2) of this section are filed with the
    Administrator. Priority of right shall not be lost in the case
    of any application filed which is in substantial but not full
    compliance with such requirements if the applicant thereafter
    brings the application into conformity with such requirements
    within such reasonable period of time as the Administrator
    shall prescribe in regulations.
        (c) Eligibility for Certification.--Before the
    Administrator may certify any application for issuance or
    transfer of a license for exploration or permit for commercial
    recovery, the Administrator must find in writing, after
    consultation with other departments and agencies pursuant to
    subsection (e) of this section, that--
              (1) the applicant has demonstrated that, upon
            issuance or transfer of the license or permit, the
            applicant will be financially responsible to meet all
            obligations which may be required of a licensee or
            permittee to engage in the exploration or commercial
            recovery proposed in the application;
              (2) the applicant has demonstrated that, upon
            issuance or transfer of the license or permit, the
            applicant will have the technological capability to
            engage in such exploration or commercial recovery;
              (3) the applicant has satisfactorily fulfilled all
            obligations under any license or permit previously
            issued or transferred to the applicant under this Act;
            and
              (4) the proposed exploration plan or recovery plan of
            the applicant meets the requirements of this Act and
            the regulations issued under this Act.
        (d) Antitrust Review.--(1) Whenever the Administrator
    receives any application for issuance or transfer of a license
    for exploration or permit for commercial recovery, the
    Administrator shall transmit promptly a complete copy of such
    application to the Attorney General of the United States and
    the Federal Trade Commission.
        (2) The Attorney General and the Federal Trade Commission
    shall conduct such antitrust review of the application as they
    deem appropriate and shall, if they deem appropriate, advise
    the Administrator of the likely effects of such issuance or
    transfer on competition.
        (3) The Attorney General and the Federal Trade Commission
    may make any recommendations they deem advisable to avoid any
    action upon such application by the Administrator which would
    create or maintain a situation inconsistent with the antitrust
    laws. Such recommendations may include, without limitation, the
    denial of issuance or transfer of the license or permit or
    issuance or transfer upon such terms and conditions as may be
    appropriate.
        (4) Any advice or recommendation submitted by the Attorney
    General or the Federal Trade Commission pursuant to this
    subsection shall be submitted within 90 days after receipt by
    them of the application. The Administrator shall not issue or
    transfer the license or permit during that 90-day period,
    except upon written confirmation by the Attorney General and
    the Federal Trade Commission that neither intends to submit any
    further advice or recommendation with respect to the
    application.
        (5) If the Administrator decides to issue or transfer the
    license or permit with respect to which denial of the issuance
    or transfer of the license or permit has been recommended by
    the Attorney General or the Federal Trade Commission, or to
    issue or transfer the license or permit without imposing those
    terms and conditions recommended by the Attorney General or the
    Federal Trade Commission as appropriate to prevent any
    situation inconsistent with the antitrust laws, the
    Administrator shall, prior to or upon issuance or transfer of
    the license or permit, notify the Attorney General and the
    Federal Trade Commission of the reasons for such decision.
        (6) The issuance or transfer of a license or permit under
    this title shall not be admissible in any way as a defense to
    any civil or criminal action for violation of the antitrust
    laws of the United States, nor shall it in any way modify or
    abridge any private right of action under such laws.
        (7) As used in this subsection, the term ``antitrust laws''
    means the Act of July 2, 1890 (commonly known as the Sherman
    Act; 15 U.S.C. 1-7); sections 73 through 76 \8\ of the Act of
    August 27, 1894 (commonly known as the Wilson Tariff Act; 15
    U.S.C. 8-11); the Clayton Act (15 U.S.C. 12 et seq.); the Act
    of June 19, 1936 (commonly known as the Robinson-Patman Price
    Discrimination Act; 15 U.S.C. 13-13b and 21a); and the Federal
    Trade Commission Act (15 U.S.C. 41 et seq.).
    ---------------------------------------------------------------------------
        \8\ Sec. 14102(c)(2)(E) of Public Law 107-273 (116 Stat. 1921)
    struck out ``77'' and inserted in lieu thereof ``76''.
    ---------------------------------------------------------------------------
        (e) Other Federal Agencies.--The Administrator shall
    provide by regulation for full consultation and cooperation,
    prior to certification of an application for the issuance or
    transfer of any license for exploration or permit for
    commercial recovery and prior to the issuance or transfer of
    such a license or permit, with other Federal agencies or
    departments which have programs or activities within their
    statutory responsibilities which would be affected by the
    activities proposed in the application for the issuance or
    transfer of a license or permit. Not later than 30 days after
    the date of enactment of this Act, the heads of any Federal
    departments or agencies having expertise concerning, or
    jurisdiction over, any aspect of the recovery or processing of
    hard mineral resources shall transmit to the Administrator
    written comments as to their expertise or statutory
    responsibilities pursuant to this Act or any other Federal law.
    To the extent possible, such agencies shall cooperate to reduce
    the number of separate actions required to satisfy the
    statutory responsibilities of these agencies. The Administrator
    shall transmit to each such agency or department a complete
    copy of each application and each such agency or department,
    based on its legal responsibilities and authorities, may, not
    later than 60 days after receipt of the application, recommend
    certification of the application, issuance or transfer of the
    license or permit, or denial of such certification, issuance,
    or transfer. In any case in which an agency or department
    recommends such a denial, it shall set forth in detail the
    manner in which the area of responsibility and shall indicate
    how the application may be amended, or how terms, conditions,
    or restrictions might be added to the license or permit, to
    assure compliance with such law or regulation.
        (f) Review Period.--All time periods for the review of an
    application for issuance or transfer of a license or permit
    established pursuant to this section shall, to the maximum
    extent practicable, run concurrently from the date on which the
    application is received by the Administrator.
        (g) Application Certification.--Upon making the applicable
    determinations and findings required in sections 101, 102, and
    this section with respect to any applicant for the issuance or
    transfer of a license or a permit and the exploration or
    commercial recovery proposed by such applicant, after
    completion of procedures for receiving the application required
    by this Act, and upon payment by the applicant of the fee
    required under section 104, the Administrator shall certify the
    application for the issuance or transfer of the license or
    permit. The Administrator, to the maximum extent possible,
    shall endeavor to complete certification action on the
    application within 100 days after its submission. If final
    certification or denial of certification has not occurred
    within 100 days after submission of the application, the
    Administrator shall inform the applicant in writing of the then
    pending unresolved issues, the Administrator's efforts to
    resolve them, and an estimate of the time required to do so.
    ---------------------------------------------------------------------------
        \9\ 30 U.S.C. 1414.
    ---------------------------------------------------------------------------

    SEC. 104.\9\ LICENSE AND PERMIT FEES.

        No application for the issuance or transfer of a license
    for exploration or permit for commercial recovery shall be
    certified unless the applicant pays to the Administrator a
    reasonable administrative fee which shall be deposited into
    miscellaneous receipts of the Treasury. The amount of the
    administrative fee imposed by the Administrator on any
    applicant shall reflect the reasonable administrative costs
    incurred in reviewing and processing the application.

    SEC. 105.\10\ LICENSE AND PERMIT TERMS, CONDITIONS, AND RESTRICTIONS;
                        ISSUANCE AND TRANSFER OF LICENSES AND PERMITS.

        (a) Eligibility for Issuance or Transfer of License or
    Permit.--Before issuing or transferring a license for
    exploration or permit for commercial recovery, the
    Administrator must find in writing, after consultation with
    interested departments and agencies pursuant to section 103(e),
    and upon considering public comments received with respect to
    the license or permit, that the exploration or commercial
    recovery proposed in the application--
    ---------------------------------------------------------------------------
        \10\ 30 U.S.C. 1415.
    ---------------------------------------------------------------------------
              (1) will not unreasonably interfere with the exercise
            of the freedoms of the high seas by other states, as
            recognized under general principles of international
            law;
              (2) will not conflict with any international
            obligation of the United States established by any
            treaty or international convention in force with
            respect to the United States;
              (3) will not create a situation which may reasonably
            be expected to lead to a breach of international peace
            and security involving armed conflict;
              (4) cannot reasonably be expected to result in a
            significant adverse effect on the quality of the
            environment, taking into account the analyses and
            information in any applicable environmental impact
            statement prepared pursuant to section 109(c) or
            109(d); and
              (5) will not pose an inordinate threat to the safety
            of life and property at sea.
        (b) Issuance and Transfer of Licenses and Permits With
    Terms, Conditions, and Restrictions.--(1) Within 180 days after
    certification of any application for the issuance or transfer
    of a license or permit under section 103(g), the Administrator
    shall propose terms and conditions for, and restrictions on,
    the exploration or commercial recovery proposed in the
    application which are consistent with the provisions of this
    Act and regulations issued under this Act. If additional time
    is needed, the Administrator shall notify the applicant in
    writing of the reasons for the delay and indicate the
    approximate date on which the proposed terms, conditions, and
    restrictions will be completed. The Administrator shall provide
    to each applicant a written statement of the proposed terms,
    conditions, and restrictions. Such terms, conditions, and
    restrictions shall be generally specified in regulations with
    general criteria and standards to be used in establishing such
    terms, conditions and restrictions for a license or permit and
    shall be uniform in all licenses or permits, except to the
    extent that differing physical and environmental conditions
    require the establishment of special terms, conditions, and
    restrictions for the conservation of natural resources,
    protection of the environment, or the safety of life and
    property at sea.
        (2) After preparation and consideration of the final
    environmental impact statement pursuant to section 109(d) on
    the proposed issuance of a license or permit and subject to the
    other provisions of this Act, the Administrator shall issue to
    the applicant the license or permit with the terms, conditions,
    and restrictions incorporated therein.
        (3) The licensee or permittee to whom a license or permit
    is issued or transferred shall be deemed to have accepted the
    terms, conditions, and restrictions in the license or permit if
    the licensee or permittee does not notify the Administrator
    within 60 days after receipt of the license or permit of each
    term, condition, and restriction with which the licensee or
    permittee takes exception. The licensee or permittee, may, in
    addition to such objections as may be raised under applicable
    provisions of law, object to any term, condition, or
    restriction on the ground that the term, condition, or
    restriction is inconsistent with the Act or the regulations
    promulgated thereunder. If, after the Administrator takes final
    action on these objections, the licensee or permittee
    demonstrates that a dispute remains on a material issue of
    fact, the licensee or permittee is entitled to a decision on
    record after the opportunity for an agency hearing pursuant to
    sections 556 and 557 of title 5, United States Code. Any such
    decision made by the Administrator shall be subject to judicial
    review as provided in chapter 7 of title 5, United States Code.
        (c) Modification and Revision of Terms, Conditions, and
    Restrictions.--(1) After the issuance or transfer of any
    license or permit under subsection (b), the Administrator,
    after consultation with interested agencies and the licensee or
    permittee, may modify any term, condition, or restriction in
    such license or point--
              (A) to avoid unreasonable interference with the
            interests of other states in their exercise of the
            freedoms of the high seas, as recognized under general
            principles of international law;
              (B) if relevant data and other information
            (including, but not limited to, data resulting from
            exploration or commercial recovery activities under the
            license or permit) indicate that modification is
            required to protect the quality of the environment or
            to promote the safety of life and property at sea and
            if such modification is consistent with the regulations
            issued to carry out section 109(b);
              (C) to avoid a conflict with any international
            obligation of the United States, established by any
            treaty or convention in force with respect to the
            United States, as determined in writing by the
            President; or
              (D) to avoid any situation which may reasonably be
            expected to lead to a breach of international peace in
            writing by the President.
        (2) During the term of a license or a permit, the licensee
    or permittee may submit to the Administrator an application for
    a revision of the license or permit or the exploration plan or
    recovery plan associated with the license or permit. The
    Administrator shall approve such application upon a finding in
    writing that the revision will comply with the requirements of
    this Act and the regulations issued under this Act.
        (3) The Administrator shall establish, by regulation,
    guidelines for a determination of the scale or extent of a
    proposed modification or revision for which any or all license
    or permit application requirements and procedures, including a
    public hearing, shall apply. Any increase in the size of the
    area, or any change in the location of an area, to which an
    exploration plan or a recovery plan applies, except an
    incidental increase or change, must be made by application for
    another license or permit.
        (4) The procedures set forth in subsection (b)(3) of this
    section shall apply with respect to any modification under this
    subsection in the same manner, and to the same extent, as if
    such modification were an initial term, condition, or
    restriction proposed by the Administrator.
        (d) Prior Consultations.--Prior to making a determination
    to issue, transfer, modify, or renew a license or permit under
    this section, the Administrator shall consult with any affected
    Regional Fishery Management Council established pursuant to
    section 302 of the Magnuson-Stevens Fishery Conservation and
    Management Act (16 U.S.C. 1852),\11\ if the activities
    undertaken pursuant to such license or permit could adversely
    affect any fishery within the Fishery Conservation Zone, or any
    anadromous species or Continental Shelf fishery resource
    subject to the exclusive management authority of the United
    States beyond such zone.
    ---------------------------------------------------------------------------
        \11\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------

    SEC. 106.\12\ DENIAL OF CERTIFICATION OF APPLICATIONS AND OF ISSUANCE,
                        TRANSFER, SUSPENSION, AND REVOCATION OF LICENSES
                        AND PERMITS; SUSPENSION AND MODIFICATION OF
                        ACTIVITIES.

        (a) Denial, Suspension, Modification, and Revocation.--(1)
    The Administration may deny certification of an application for
    the issuance or transfer of, and may deny the issuance or
    transfer of, a license for exploration or permit for commercial
    recovery if the Administrator finds that the applicant, or the
    activities proposed to be undertaken by the applicant, do not
    meet the requirements set forth in section 103(c), section
    105(a), or in any other provision of this Act, or any
    regulation issued under this Act, for the issuance or transfer
    of a license or permit.
    ---------------------------------------------------------------------------
        \12\ 30 U.S.C. 1416.
    ---------------------------------------------------------------------------
        (2) The Administrator may--
              (A) in addition to, or in lieu of, the imposition of
            any civil penalty under section 302(a), or in addition
            to the imposition of any fine under section 303,
            suspend or revoke any license or permit issued under
            this Act, or suspend or modify any particular
            activities under such a license or permit, if the
            licensee or permittee, as the case may be,
            substantially fails to comply with any provision of
            this Act, any regulation issued under this Act, or any
            term, condition, or restriction of the license or
            permit; and
              (B) suspend or modify particular activities under any
            license or permit, if the President determines that
            such suspension or modification is necessary (i) to
            avoid any conflict with any international obligation of
            the United States established by any treaty or
            convention in force with respect to the United States,
            or (ii) to avoid any situation which may reasonably be
            expected to lead to a breach of international peace and
            security involving armed conflict.
        (3) No action may be taken by the Administrator to deny
    issuance or transfer of or to revoke any license or permit or,
    except as provided in subsection (c), to suspend any license or
    permit or suspend or modify particular activities under a
    license or permit, unless the Administrator--
              (A) publishes in the Federal Register and gives the
            applicant, licensee, or permittee, as the case may be,
            written notice of the intention of the Administrator to
            deny the issuance or transfer of or to suspend, modify,
            or revoke the license or permit and the reason
            therefor; and
              (B) if the reason for the proposed denial,
            suspension, modification, or revocation is a deficiency
            which the applicant, licensee, or permittee can
            correct, affords the applicant, licensee, or permittee
            a reasonable time, but not more than 180 days from the
            date of the notice or such longer period as the
            Administrator may establish for good cause shown, to
            correct such deficiency.
        (4) The Administrator shall deny issuance or transfer of,
    or suspend or revoke, any license or permit or order the
    suspension or modification of particular activities under a
    license or permit--
              (A) on the thirtieth day after the date of the notice
            given to the applicant, licensee, or permittee under
            paragraph (3)(A) unless before such day the applicant,
            licensee, or permittee requests a review of the
            proposed denial, suspension, modification, or
            revocation; or
              (B) on the last day of the period established under
            paragraph (3)(B) in which the applicant, licensee, or
            permittee must correct a deficiency, if such correction
            has not been made before such day.
        (b) Administrative Review of Proposed Denial, Suspension,
    Modification, or Revocation.--Any applicant, licensee, or
    permittee, as the case may be, who makes a timely request under
    subsection (a) for review of a denial of issuance or transfer,
    or a suspension or revocation, or a license for exploration or
    permit for commercial recovery, or a suspension or modification
    of particular activities under such a license or permit, is
    entitled to an adjudication on the record after an opportunity
    for an agency hearing with respect to such denial or
    suspension, revocation, or modification.
        (c) Effect on Activities; Emergency Orders.--The issuance
    of any notice of proposed suspension or revocation of a license
    for exploration or permit for commercial recovery or proposed
    suspension or modification of particular activities under such
    a license or permit shall not affect the continuation of
    exploration or commercial recovery activities by the licensee
    or permittee. The provisions of paragraphs (3) and (4) of
    subsection (a) and the first sentence of this subsection shall
    not apply when the President determines by Executive order that
    an immediate suspension of a license for exploration or permit
    for commercial recovery, or immediate suspension or
    modification of particular activities under such a license or
    permit, is necessary for the reasons set forth in subsection
    (a)(2)(B), or the Administrator determines that an immediate
    suspension of such a license or permit, or immediate suspension
    or modification of particular activities under such a license
    or permit, is necessary to prevent a significant adverse effect
    on the environment or to preserve the safety of life and
    property at sea, and the Administrator issues an emergency
    order requiring such immediate suspension.
        (d) Judicial Review.--Any determination of the
    Administrator, after any appropriate administrative review
    under subsection (b), to certify or deny certification of an
    application for the issuance or transfer of, or to issue, deny
    issuance of, transfer, deny the transfer of, modify, renew,
    suspend, or revoke any license for exploration or permit for
    commercial recovery, or suspend or modify particular activities
    under such a license or permit, or any immediate suspension of
    such a license or permit, or immediate suspension or
    modification of particular activities under such a license or
    permit, pursuant to subsection (c), is subject to judicial
    review as provided in chapter 7 of title 5, United States Code.

    SEC. 107.\13\ DURATION OF LICENSES AND PERMITS.

        (a) Duration of a License.--Each license for exploration
    shall be issued for a period of 10 years. If the license has
    substantially complied with the license and the exploration
    plan associated therewith and has requested extensions of the
    license, the Administrator shall extend the license on terms,
    conditions, and restrictions consistent with this Act and the
    regulations issued under this Act for periods of not more than
    5 years each.
    ---------------------------------------------------------------------------
        \13\ 30 U.S.C. 1417.
    ---------------------------------------------------------------------------
        (b) Duration of a Permit.--Each permit for commercial
    recovery shall be issued for a term of 20 years and for so long
    thereafter as hard mineral resources are recovered annually in
    commercial quantities from the area to which the recovery plan
    associated with the permit applies. The permit of any permittee
    who is not recovering hard mineral resources in commercial
    quantities at the end of 10 years shall be terminated; except
    that the Administrator shall for good cause shown, including
    force majeure, adverse economic conditions, unavoidable delays
    in construction, major unanticipated vessel repairs that
    prevent the permittee from conducting commercial recovery
    activities during an annual period, or other circumstances
    beyond the control of the permittee, extend the 10-year period,
    but not beyond the initial 20-year term of the permit.

    SEC. 108.\14\ DILIGENCE REQUIREMENTS.

        (a) In General.--The exploration plan or recovery plan and
    the terms, conditions, and restrictions of each, license and
    permit issued under this title shall be designed to assure
    diligent development. Each licensee shall pursue diligently the
    activities described in the exploration plan of the licensee,
    and each permittee shall pursue diligently the activities
    described in the recovery plan of the permittee.
    ---------------------------------------------------------------------------
        \14\ 30 U.S.C. 1418.
    ---------------------------------------------------------------------------
        (b) Expenditures.--Each license shall require such periodic
    reasonable expenditures for exploration by the licensee as the
    Administrator shall establish, taking into account the size of
    the area of the deep seabed to which the exploration plan
    associated with the license applies and the amount of funds
    which is estimated by the Administrator to be required for
    commercial recovery of hard mineral resources to begin within
    the time limit established by the Administrator. Such required
    expenditures shall not be established at a level which would
    discourage exploration by persons with less costly technology
    than is prevalently in use.
        (c) Commercial Recovery.--Once commercial recovery is
    achieved, the Administrator shall, within reasonable limits and
    taking into consideration all relevant factors, require the
    permittee to maintain commercial recovery throughout the period
    of the permit; except that the Administrator shall for good
    cause shown, including force majeure, adverse economic
    conditions, or other circumstances beyond the control of the
    permittee, authorize the temporary suspension of commercial
    recovery activities. The duration of such a suspension shall
    not exceed one year at any one time, unless the Administrator
    determines that conditions justify an extension of the
    suspension.

    SEC. 109.\15\ PROTECTION OF THE ENVIRONMENT.

        (a) Environment Assessment.--(1) Deep ocean mining
    environmental study (domes).--The Administrator shall expand
    and accelerate the program assessing the effects on the
    environment from exploration and commercial recovery
    activities, including sea-based processing and the disposal at
    sea of processing wastes, so as to provide an assessment, as
    accurate as practicable, of environmental impacts of such
    activities for the implementation of subsections (b), (c), and
    (d).
    ---------------------------------------------------------------------------
        \15\ 30 U.S.C. 1419.
    ---------------------------------------------------------------------------
        (2) Supporting ocean research.--The Administrator also
    shall conduct a continuing program of ocean research to support
    environmental assessment activity through the period of
    exploration and commercial recovery authorized by this Act. The
    program shall include the development, acceleration, and
    expansion, as appropriate, of studies of the ecological, and
    physical aspects of the deep seabed in general areas of the
    ocean where exploration and commercial development under the
    authority of this Act are likely to occur, including, but not
    limited to--
              (A) natural diversity of the deep seabed biota;
              (B) life histories of major benthic, midwater, and
            surface organism most likely to be affected by
            commercial recovery activities;
              (C) long- and short-term effects of commercial
            recovery on the deep seabed biota; and
              (D) assessment of the effects of seabased processing
            activities.
    Within 160 days after the date of enactment of this Act, the
    Administrator shall prepare a plan to carry out the program
    described in this subsection, including necessary funding
    levels for the next five fiscal years, and shall submit the
    plan to the Congress.
        (b) Terms, Conditions, and Restrictions.--Each license and
    permit issued under this title shall contain such terms,
    conditions, and restrictions, established by the Administrator,
    which prescribe the actions the license or permittee shall take
    in the conduct of exploration and commercial recovery
    activities to assure protection of the environment. The
    Administrator shall require in all activities under new
    permits, and wherever practicable in activities under existing
    permits, the use of the best available technologies for the
    protection of safety, health, and the environment wherever such
    activities would have a significant effect on safety, health,
    or the environment, except where the Administrator determines
    that the incremental benefits are clearly insufficient to
    justify the incremental costs of using such technologies.
    Before establishing such terms, conditions, and restrictions,
    the Administrator shall consult with the Administrator of the
    Environmental Protection Agency, the Secretary of State, and
    the Secretary of the department in which the Coast Guard is
    operating, concerning such terms, conditions, and restrictions,
    and the Administrator shall take into account and give due
    consideration to the information contained in each final
    environmental impact statement prepared with respect to such
    license or permit pursuant to subsection (d).
        (c) Programmatic Environmental Impact Statement.--(1) If
    the Administrator, in consultation with the Administrator of
    the Environmental Protection Agency and with assistance of
    other appropriate Federal agencies, determines that a
    programmatic environmental impact statement is required, the
    Administrator shall, as soon as practicable after the enactment
    of this act, with respect to the areas of the oceans in which
    any United States citizen is expected to undertake exploration
    and commercial recovery under the authority of this Act--
              (A) prepare and publish draft programmatic
            environmental impact statements which assess the
            environmental impacts of exploration and commercial
            recovery in such areas;
              (B) afford all interested parties a reasonable time
            after such dates of publication to submit comments to
            the Administrator on such draft statements; and
              (C) thereafter prepare (giving full consideration to
            all comments submitted under subparagraph (B)) and
            publish final programmatic environmental impact
            statements regarding such areas.
        (2) With respect to the area of the oceans in which
    exploration and commercial recovery by any United States
    citizen will likely first occur under the authority of this
    Act, the Administrator shall prepare a draft and final
    programmatic environmental impact statement as required under
    paragraph (1), except that--
              (A) the draft programmatic environmental impact
            statement shall be prepared and published as soon as
            practicable but not later than 270 days (or such longer
            period as the Administrator may establish for good
            cause shown) after the date of enactment of this Act;
            and
              (B) the final programmatic environmental impact
            statement shall be prepared and published within 180
            days (or such longer period as the Administrator may
            establish for good cause shown) after the date on which
            the draft statement is published.
        (d) Environmental Impact Statements on Issuance of Licenses
    and Permits.--The issuance of, but not the certification of an
    application for, any license or permit under this title shall
    be deemed to be a major Federal action significantly affecting
    the quality of the human environment for purposes of section
    102 of the National Environmental Policy Act of 1969. In
    preparing an environmental impact statement pursuant to this
    subsection, the Administrator shall consult with the agency
    heads referred to in subsection (b) and shall take into
    account, and give due consideration to, the relevant
    information contained in any applicable studies and any other
    environmental impact statement prepared pursuant to this
    section. Each draft environmental impact statement prepared
    pursuant to this subsection shall be published, with the terms,
    conditions, and restrictions proposed pursuant to section
    105(d), within 180 days (or such longer period as the
    Administrator may establish for good cause shown in writing)
    following the date on which the application for the license or
    permit concerned is certified by the Administrator. Each final
    environmental impact statement shall be published 180 days (or
    such longer period as the Administrator may establish for good
    cause shown in writing) following the date on which the draft
    environmental impact statement is published.
        (e) Effect on Other Law.--For the purposes of this Act, any
    vessel or other floating craft engaged in commercial recovery
    or exploration shall not be deemed to be ``a vessel or other
    floating craft'' under section 502(12)(B) of the Clean Water
    Act and any discharge of a pollutant from such vessel or other
    floating craft shall be subject to the Clean Water Act.
        (f) Stable Reference Areas.--
              (1) Within one year after the enactment of this Act
            the Secretary of State shall, in cooperation with the
            Administrator and as part of the international
            consultations pursuant to subsection 118(f), negotiate
            with all nations that are identified in such subsection
            for the purpose of establishing international stable
            reference areas in which no mining shall take place:
            Provided, however, That this subsection shall not be
            construed as requiring any substantial withdrawal of
            deep seabed areas from deep seabed mining authorized by
            this Act.
              (2) Nothing in this Act shall be construed as
            authorizing the United States to unilaterally establish
            such reference area or areas nor shall the United
            States recognize the unilateral claim to such reference
            area or areas by any State.
              (3) Within four years after the enactment of this
            Act, the Secretary of State shall submit a report to
            Congress on the progress of establishing such stable
            reference areas, including the designation of
            appropriate zones to insure a representative and stable
            biota of the deep seabed.
              (4) For purposes of this section ``stable reference
            areas'' shall mean an area or areas of the deep seabed
            to be used as a reference zone or zones for purposes of
            resource evaluation and environmental assessment of
            deep seabed mining in which no mining will occur.

    SEC. 110.\16\ CONSERVATION OF NATURAL RESOURCES.

        For the purpose of conservation of natural resources, each
    license and permit issued under this title shall contain, as
    needed, terms, conditions, and restrictions which have due
    regard for the prevention of waste and the future opportunity
    for the commercial recovery of the unrecovered balance of the
    hard mineral resources in the area to which the license or
    permit applies. In establishing these terms, conditions, and
    restrictions, the Administrator shall consider the state of the
    technology, the processing system utilized and the value and
    potential use of any waste, the environmental effects of the
    exploration or commercial recovery activities, economic and
    resource data, and the national need for hard mineral
    resources. As used in this Act, the term ``conservation of
    natural resources'' is not intended to grant, imply, or create
    any inference of production controls or price regulation, in
    particular those which would affect the volume of production,
    prices, profits, markets, or the decision of which minerals or
    metals are to be recovered, except as such efforts may be
    incidental to actions taken pursuant to this section.
    ---------------------------------------------------------------------------
        \16\ 30 U.S.C. 1420.
    ---------------------------------------------------------------------------

    SEC. 111.\17\ PREVENTION OF INTERFERENCE WITH OTHER USES OF THE HIGH
                        SEAS.

        Each license and permit issued under this title shall
    include such restrictions as may be necessary and appropriate
    to ensure that exploration or commercial recovery activities
    conducted by the licensee or permittee do not unreasonably
    interfere with the interests of other states in their exercise
    of the freedoms of the high seas, as recognized under general
    principles of international law.
    ---------------------------------------------------------------------------
        \17\ 30 U.S.C. 1421.
    ---------------------------------------------------------------------------

    SEC. 112.\18\ SAFETY OF LIFE AND PROPERTY AT SEA.

        (a) Conditions Regarding Vessels.--The Secretary of the
    department in which the Coast Guard is operating, in
    consultation with the Administrator, shall require in any
    license or permit issued under this title, in conformity with
    principles of international law, that vessels documented under
    the laws of the United States and used in activities authorized
    under the license or permit comply with conditions regarding
    the design, construction, alteration, repair, equipment,
    operation, manning, and maintenance relating to vessel and crew
    safety and the promotion of safety of life and property at sea.
    ---------------------------------------------------------------------------
        \18\ 30 U.S.C. 1422.
    ---------------------------------------------------------------------------
        (b) Applicability of Other Laws.--Notwithstanding any other
    provision of law, any vessel described in subsection (a) shall
    be subject to the provisions of the International Voyage Load
    Line Act of 1973, and to the provisions of titles 52 and 53 of
    the Revised Statutes and all Acts amendatory thereof or
    supplementary thereto.

    SEC. 113.\19\ RECORDS, AUDITS, AND PUBLIC DISCLOSURE.

        (a) Records and Audits.--(1) Each licensee and permittee
    shall keep such records, consistent with standard accounting
    principles, as the Administrator shall by regulation prescribe.
    Such records shall include information which will fully
    disclose expenditures for exploration and commercial recovery,
    including processing of hard mineral resources, and such other
    information as will facilitate an effective audit of such
    expenditures.
    ---------------------------------------------------------------------------
        \19\ 30 U.S.C. 1423.
    ---------------------------------------------------------------------------
        (2) The Administrator and the Comptroller General of the
    United States, or any of their duly authorized representatives
    shall have access, for purposes of audit and examination, to
    any books, documents, papers, and records of licensees and
    permittees which are necessary and directly pertinent to verify
    the expenditures referred to in paragraph (1).
        (b) Submission of Data and Information.--Each licensee and
    permittee shall be required to submit to the Administrator such
    data or other information as the Administrator may reasonably
    need for purposes of making determinations with respect to the
    issuance, revocation, modification, or suspension of any
    license or permit; compliance with the reporting requirement
    contained in section 309; and evaluation of the exploration or
    commercial recovery activities conducted by the licensee or
    permittee.
        (c) Public Disclosure.--Copies of any document, report,
    communication, or other record maintained or received by the
    Administrator containing data or information required under
    this title shall be made available to any person upon any
    request which (1) reasonably describes such record and (2) is
    made in accordance with rules adopted by the Administrator
    stating the time, place, fees (if any, not to exceed the direct
    cost of the services rendered), and procedures to be followed,
    except that neither the Administrator nor any other officer or
    employee of the United States may disclose any data or
    information knowingly and willingly required under this title
    the disclosure of which is prohibited by section 1905 of title
    18, United States Code. Any officer or employee of the United
    States who discloses data or information in violation of this
    subsection shall be subject to the penalties set forth in
    section 303(b) of this Act.

    SEC. 114.\20\ MONITORING OF ACTIVITIES OF LICENSEES AND PERMITTEES.

        Each license and permit issued under this title shall
    require the licensee or permittee--
    ---------------------------------------------------------------------------
        \20\ 30 U.S.C. 1424.
    ---------------------------------------------------------------------------
              (1) to allow the Administrator to place appropriate
            Federal officers or employees as observers aboard
            vessels used by the licensee or permittee in
            exploration or commercial recovery activities (A) to
            monitor such activities at such time, and to such
            extent, as the Administrator deems reasonable and
            necessary to assess the effectiveness of the terms,
            conditions, and restrictions of the license or permit,
            and (B) to report to the Administrator whenever such
            officers or employees have reason to believe there is a
            failure to comply with such terms, conditions, and
            restrictions;
              (2) to cooperate with such officers and employees in
            the performance of monitoring functions; and
              (3) to monitor the environmental effects of the
            exploration and commercial recovery activities in
            accordance with guidelines issued by the Administrator
            and to submit such information as the Administrator
            finds to be necessary and appropriate to assess
            environmental impacts and to develop and evaluate
            possible methods of mitigating adverse environmental
            effects.

    SEC. 115.\21\ RELINQUISHMENT, SURRENDER, AND TRANSFER OF LICENSES AND
                        PERMITS.

        (a) Relinquishment and Surrender.--Any licensee or
    permittee may at any time, without penalty--
    ---------------------------------------------------------------------------
        \21\ 30 U.S.C. 1425.
    ---------------------------------------------------------------------------
              (1) surrender to the Administrator a license or a
            permit issued to the licensee or permittee; or
              (2) relinquish to the Administrator, in whole or in
            part, any right to conduct any exploration or
            commercial recovery activities authorized by the
            license or permit.
    Any licensee or permittee who surrenders a license or permit,
    or relinquishes any such right, shall remain liable with
    respect to all violations and penalties incurred, and damage to
    persons or property caused, by the licensee or permittee as a
    result of activities engaged in by the licensee or permittee
    under such license or permit.
        (b) Transfer.--Any license or permit, upon written request
    of the licensee or permittee, may be transferred by the
    Administrator; except that no such transfer may occur unless
    the proposed transferee is a United States citizen and until
    the Administrator determines that (1) the proposed transfer is
    in the public interest, and (2) the proposed transferee and the
    exploration or commercial recovery activities the transferee
    proposes to conduct meet the requirements of this Act and
    regulations issued under this Act.

    SEC. 116.\22\ PUBLIC NOTICE AND HEARINGS.

        (a) Required Procedures.--The Administrator may issue
    regulations to carry out this Act, establish and significantly
    modify terms, conditions, and restrictions in licenses and
    permits issued under this title, and issue or transfer licenses
    and permits under this title, only after public notice and
    opportunity for comment and hearings in accordance with the
    following:
    ---------------------------------------------------------------------------
        \22\ 30 U.S.C. 1426.
    ---------------------------------------------------------------------------
              (1) The Administrator shall publish in the Federal
            Register notice of all applications for licenses and
            permits, all proposals to issue or transfer licenses
            and permits, all regulations implementing this Act, and
            terms, conditions, and restrictions on licenses and
            permits, and all proposals to significantly modify
            licenses and permits. Interested persons shall be
            permitted to examine the materials relevant to any of
            these actions, and shall have at least 60 days after
            publication of such notice to submit written comments
            to the Administrator.
              (2) The Administrator shall hold a public hearing in
            an appropriate location and may employ such additional
            methods as the Administrator deems appropriate to
            inform interested persons about each action specified
            in paragraph (1) and to invite their comments thereon.
        (b) Adjudicatory Hearing.--If the Administrator determines
    that there exists one or more specific and material factual
    issues which require resolution by formal process, as least one
    adjudicatory hearing shall be held in the District of Columbia
    in accordance with the provisions of section 554 of title 5,
    United States Code. The record developed in any such
    adjudicatory hearing shall be part of the basis for the
    Administrator's decision to take any action referred to in
    subsection (a). Hearings held pursuant to this section shall be
    consolidated insofar as practicable with hearings held by other
    agencies.

    SEC. 117.\23\ CIVIL ACTIONS.

        (a) Equitable Relief.--Except as provided in subsection (b)
    of this section, any person may commence a civil action for
    equitable relief on that person's behalf in the United States
    District Court for the District of Columbia--
    ---------------------------------------------------------------------------
        \23\ 30 U.S.C. 1427.
    ---------------------------------------------------------------------------
              (1) against any person who is alleged to be in
            violation of any provision of this Act or any condition
            of a license or permit issued under this title; or
              (2) against the Administrator when there is alleged a
            failure of the Administrator to perform any act or duty
            under this Act which is not discretionary.
    if the person bringing the action has a valid legal interest
    which is or may be adversely affected by such alleged violation
    or failure to perform. In suits brought under this subsection,
    the district court shall have jurisdiction, without regard to
    the amount in controversy or the citizenship of the parties, to
    enforce the provisions of this Act, or any term, condition, or
    restriction of a license or permit issued under this title, or
    to order the Administration to perform such act or duty.
        (b) Notice.--No civil action may be commenced--
              (1) under subsection (a)(1) of this section--
                      (A) prior to 60 days after the plaintiff has
                    given notice of the alleged violation to the
                    Administrator and to any alleged violator; or
                      (B) if the Administrator or the Attorney
                    General has commenced and is diligently
                    prosecuting a civil or criminal action with
                    respect to the alleged violation in a court of
                    the United States; except that in any such
                    civil action, any person having a valid legal
                    interest which is or may be adversely affected
                    by the alleged violation may intervene; or
              (2) under subsection (a)(2) of this section, prior to
            60 days after the plaintiff has given notice of such
            action to the Administrator.
    Notice under this subsection shall be given in such a manner as
    the Administrator shall prescribe by regulation.
        (c) Costs and Fees.--The court, in issuing any final order
    in any action brought under subsection (a) of this section, may
    award costs of litigation, including reasonable attorney and
    expert witness fees, to any party whenever the court determines
    that such an award is appropriate.
        (d) Relationship to Other Law.--Nothing in this section
    shall restrict the rights which any person or class of persons
    may have under other law to seek enforcement or to seek any
    other relief. All vessel safety and environmental requirements
    of or under this Act shall be in addition to other requirements
    of law.

    SEC. 118.\24\ RECIPROCATING STATES.

        (a) Designation.--The Administrator, in consultation with
    the Secretary of State and the heads of other appropriate
    departments and agencies, may designate any foreign nation as a
    reciprocating state if the Secretary of State finds that such
    foreign nation--
    ---------------------------------------------------------------------------
        \24\ 30 U.S.C. 1428.
    ---------------------------------------------------------------------------
              (1) regulates the conduct of its citizens and other
            persons subject to its jurisdiction engaged in
            exploration for, and commercial recovery of, hard
            mineral resources of the deep seabed in a manner
            compatible with that provided in this Act and the
            regulations issued under this act, which includes
            adequate measures for the protection of the
            environment, the conservation of natural resources, and
            the safety of life and property at sea, and includes
            effective enforcement provisions;
              (2) recognizes licenses and permits issued under this
            title to the extent that such nation, under its laws,
            (A) prohibits any person from engaging in exploration
            or commercial recovery which conflicts with that
            authorized under any such license or permit and (B)
            complies with the date for issuance of licenses and the
            effective date for permits provided in section
            102(c)(1)(D) of this Act;
              (3) recognizes, under its procedures, priorities of
            right, consistent with those provided in this Act and
            the regulations issued under this Act, for applications
            for licenses for exploration or permits for commercial
            recovery, which applications are made either under its
            procedures or under this Act; and
              (4) provides an interim legal framework for
            exploration and commercial recovery which does not
            unreasonably interfere with the interests of other
            states in their exercise of the freedoms of the high
            seas, as recognized under general principles of
            international law.
        (b) Effect of Designation.--No license or permit shall be
    issued under this title permitting any exploration or
    commercial recovery which will conflict with any license,
    permit, or equivalent authorization issued by any foreign
    nation which is designated as a reciprocating state under
    subsection (a).
        (c) Notification.--Upon receipt of any application for a
    license or permit under this title, the Administrator shall
    immediately notify all reciprocating states of such
    application. The notification shall include those portions of
    the exploration plan or recovery plan submitted with respect to
    the application, or a summary thereof, and any other
    appropriate information not required to be withheld from public
    disclosure by section 113(c).
        (d) Revocation of Reciprocating State Status.--The
    Administrator, in consultation with the Secretary of State and
    the heads of other appropriate departments and agencies, shall
    revoke the designation of a foreign nation as a reciprocating
    state if the Secretary of State finds that such foreign nation
    no longer complies with the requirements of subsection (a). At
    the request of any holder of a license, permit, or equivalent
    authorization of such foreign nation, who obtained the license,
    permit, or equivalent authorization while such foreign nation
    was a reciprocating state, the Administrator, in consultation
    with the Secretary of State, may decide to recognize the
    license, permit, or equivalent authorization for purposes of
    subsection (b).
        (e) Authorization.--The President is authorized to
    negotiate agreements with foreign nations necessary to
    implement this section.
        (f) International Consultations.--The Administrator, in
    consultation with the Secretary of State and the heads of other
    appropriate departments and agencies, shall consult with
    foreign nations which enact, or are preparing to enact,
    domestic legislation establishing an interim legal framework
    for exploration and commercial recovery of hard mineral
    resources. Such consultations shall be carried out with a view
    to facilitating the designation of such nations as
    reciprocating states and, as necessary, the negotiation of
    agreements with foreign nations authorized by subsection (e).
    In addition, the Administrator shall provide such foreign
    nations with information on environmental impacts of
    exploration and commercial recovery activities, and shall
    provide any technical assistance requested in designating
    regulatory measures to protect the environment.

                TITLE II--TRANSITION TO INTERNATIONAL AGREEMENT

    SEC. 201.\25\ DECLARATION OF CONGRESSIONAL INTENT.

        It is the intent of Congress--
    ---------------------------------------------------------------------------
        \25\ 30 U.S.C. 1441.
    ---------------------------------------------------------------------------
              (1) that any international agreement to which the
            United States becomes a party should, in addition to
            promoting other national oceans objectives--
                      (A) provide assured and nondiscriminatory
                    access, under reasonable terms and conditions,
                    to the hard mineral resources of the deep
                    seabed for United States citizens, and
                      (B) provide security of tenure by recognizing
                    the rights of United States citizens who have
                    undertaken exploration or commercial recovery
                    under title I before such agreement enters into
                    force with respect to the United States to
                    continue their operations under terms,
                    conditions, and restrictions which do not
                    impose significant new economic burdens upon
                    such citizens with respect to such operations
                    with the effect of preventing the continuation
                    of such operations on a viable economic basis;
              (2) that the extent to which any such international
            agreement conforms to the provisions of paragraph (1)
            should be determined by the totality of the provisions
            of such agreement, including, but not limited to, the
            practical implications for the security of investments
            of any discretionary powers granted to an international
            regulatory body, the structures and decisionmaking
            procedures of such body, the availability of impartial
            and effective procedures for the settlement of
            disputes, and any features that tend to discriminate
            against exploration and commercial recovery activities
            undertaken by United States citizens; and
              (3) that this Act should be transitional pending--
                      (A) the adoption of an international
                    agreement at the Third United Nations
                    Conference on the Law of the Sea, and the
                    entering into force of such agreement, or
                    portions thereof, with respect to the United
                    States, or
                      (B) if such adoption is not forthcoming, the
                    negotiation of a multilateral or other treaty
                    concerning the deep seabed, and the entering
                    into force of such treaty with respect to the
                    United States.

    SEC. 202.\26\ EFFECT OF INTERNATIONAL AGREEMENT.

        If an international agreement enters into force with
    respect to the United States, any provision of title I, this
    title, or title III, and any regulation issued under any such
    provision, which is not inconsistent with such international
    agreement shall continue in effect with respect to United
    States citizens. In the implementation of such international
    agreement the Administrator, in consultation with the Secretary
    of State, shall make every effort, to the maximum extent
    practicable consistent with the provisions of that agreement,
    to provide for the continued operation of exploration and
    commercial recovery activities undertaken by United States
    citizens prior to entry into force of the agreement. The
    Administrator shall submit to the Congress, within one year
    after the date of such entry into force, a report on the
    actions taken by the Administrator under this section, which
    report shall include, but not be limited to--
    ---------------------------------------------------------------------------
        \26\ 30 U.S.C. 1442.
    ---------------------------------------------------------------------------
              (1) a description of the status of deep seabed mining
            operations of United States citizens under the
            international agreement; and
              (2) an assessment of whether United States citizens
            who were engaged in exploration or commercial recovery
            on the date such agreement entered into force have been
            permitted to continue their operations.

    SEC. 203.\27\ PROTECTION OF INTERIM INVESTMENTS.

        In order to further the objectives set forth in section
    201, the Administrator, not more than one year after the date
    of enactment of this Act--
    ---------------------------------------------------------------------------
        \27\ 30 U.S.C. 1443.
    ---------------------------------------------------------------------------
              (1) shall submit to the Congress proposed legislation
            necessary for the United States to implement a system
            for the protection of interim investments that has been
            adopted as part of an international agreement and any
            resolution relating to such international agreement; or
              (2) if a system for the protection of interim
            investments has not been so adopted, shall report to
            the Congress on the status of negotiations relating to
            the establishment of such a system.

    SEC. 204.\28\ DISCLAIMER OF OBLIGATIONS TO PAY COMPENSATION.

        Sections 201 and 202 of this Act do not create or express
    any legal or moral obligation on the part of the United States
    Government to compensate any person for any impairment of the
    value of that person's investment in any operation for
    exploration or commercial recovery under title I which might
    occur in connection with the entering into force of an
    international agreement with respect to the United States.
    ---------------------------------------------------------------------------
        \28\ 30 U.S.C. 1444.
    ---------------------------------------------------------------------------

              TITLE III--ENFORCEMENT AND MISCELLANEOUS PROVISIONS

    SEC. 301.\29\ PROHIBITED ACTS.

        It is unlawful for any person who is a United States
    citizen, or a foreign national on board a vessel documented or
    numbered under the laws of the United States, or subject to the
    jurisdiction of the United States under a reciprocating state
    agreement negotiated under section 118(e)--
    ---------------------------------------------------------------------------
        \29\ 30 U.S.C. 1461.
    ---------------------------------------------------------------------------
              (1) to violate any provision of this act, any
            regulation issued under this Act, or any term,
            condition, or restriction of any license or permit
            issued to such person under this Act;
              (2) to engage in exploration or commercial recovery
            after the revocation, or during the period of
            suspension, of an applicable license or permit issued
            under this Act, to engage in a particular exploration
            or commercial recovery activity during the period such
            activity has been suspended under this Act, or to fail
            to modify a particular exploration or commercial
            recovery activity for which modification was required
            under this Act;
              (3) to refuse to permit any Federal officer or
            employee authorized to monitor or enforce the
            provisions of this Act, as provided in sections 114 and
            304, to board a vessel documented or numbered under the
            laws of the United States, or any vessel for which such
            boarding is authorized by a treaty or executive
            agreement, for purposes of conducting any search or
            inspection in connection with the monitoring or
            enforcement of this Act or any regulation, term,
            condition, or restriction referred to in paragraph (1);
              (4) to forcibly assault, resist, oppose, impede,
            intimidate, or interfere with any such authorized
            officer or employee in the conduct of any search or
            inspection described in paragraph (3);
              (5) to resist a lawful arrest for any act prohibited
            by this section;
              (6) to ship, transport, offer for sale, sell,
            purchase, import, export, or have custody, control, or
            possession of any hard mineral resource recovered,
            processed, or retained in violation of this Act or any
            regulation, term, condition, or restriction referred to
            in paragraph (1); or
              (7) to interfere with, delay, or prevent, by any
            means, the apprehension or arrest of any other person
            subject to this section knowing that such other person
            has committed any act prohibited by this section.

    SEC. 302.\30\ CIVIL PENALTIES.

        (a) Assessment of Penalty.--Any person subject to section
    301 who is found by the Administrator, after notice and an
    opportunity for a hearing in accordance with section 554 of
    title 5, United States Code, to have committed any act
    prohibited by section 301 shall be liable to the United States
    for a civil penalty. The amount of the civil penalty shall not
    exceed $25,000 for each violation. Each day of a continuing
    violation shall constitute a separate offense. The amount of
    such civil penalty shall be assessed by the Administrator by
    written notice. In determining the amount of such penalty, the
    Administrator shall take into account the nature,
    circumstances, extent, and gravity of the prohibited act
    committed and, with respect to the violator, any history or
    prior offenses, good faith demonstrated in attempting to
    achieve timely compliance after being cited for the violation,
    and other matters as justice may require.
    ---------------------------------------------------------------------------
        \30\ 30 U.S.C. 1462.
    ---------------------------------------------------------------------------
        (b) Review of Civil Penalty.--Any person subject to section
    301 against whom a civil penalty is assessed under subsection
    (a) may obtain review thereof in an appropriate district court
    of the United States by filing a notice of appeal in such court
    within 30 days from the date of such order and by
    simultaneously sending a copy of such notice by certified mail
    to the Administrator. The Administrator shall promptly file in
    such court a certified copy of the record which the particular
    violation was found and such penalty was imposed, as provided
    in section 2112 of title 28, United States Code. The findings
    and order of the Administrator shall be set aside by such court
    if they are not found to be supported by substantial evidence
    as provided in section 706(2)(E) of title 5, United States
    Code.
        (c) Action Upon Failure To Pay Assessment.--If any person
    subject to section 301 fails to pay a civil penalty assessed
    against such person after the penalty has become final, or
    after the appropriate court has entered final judgment in favor
    of the Administrator, the Administrator shall refer the matter
    to the Attorney General of the United States, who shall recover
    the civil penalty assessed in any appropriate district court of
    the United States. In such action, the validity and
    appropriateness of the final order imposing the civil penalty
    shall not be subject to review.
        (d) Compromise or Other Action by the Administrator.--The
    Administrator may compromise, modify, or remit, with or without
    conditions, any civil penalty which is subject to imposition or
    which has been imposed under this section unless an action
    brought under subsection (b) or (c) is pending in a court of
    the United States.

    SEC. 303.\31\ CRIMINAL OFFENSE.

        (a) Offense.--A person subject to section 301 is guilty of
    an offense if such person willfully and knowingly commits any
    act prohibited by section 301.
    ---------------------------------------------------------------------------
        \31\ 30 U.S.C. 1463.
    ---------------------------------------------------------------------------
        (b) Punishment.--Any offense described in paragraphs (1),
    (2), and (6) of section 301 is punishable by a fine of not more
    than $75,000 for each day during which the violation continues.
    Any offense described in paragraphs (3), (4), (5), and (7) of
    section 301 is punishable by a fine of not more than $75,000 or
    imprisonment for not more than six months, or both. If, in the
    commission of any offense, the person subject to the
    jurisdiction of the United States uses a dangerous weapon,
    engages in conduct that causes bodily injury to any Federal
    officer or employee, or places any such Federal officer or
    employee in fear of imminent bodily injury, the offense is
    punishable by a fine of not more than $100,000 or imprisonment
    for not more than ten years, or both.

    SEC. 304.\32\ ENFORCEMENT.

        (a) Responsibility.--Subject to the other provisions of
    this subsection, the Administrator shall enforce the provisions
    of this Act. The Secretary of the department in which the Coast
    Guard is operating shall exercise such other enforcement
    responsibilities with respect to vessels subject to the
    provisions of this Act as are authorized under other provisions
    of law and may, upon the specific request of the Administrator,
    assist the Administrator in the enforcement of the provisions
    of this Act. The Secretary of the department in which the Coast
    Guard is operating shall have the exclusive responsibility for
    enforcement measures which affect the safety of life and
    property at sea. The Administrator and the Secretary of the
    department in which the Coast Guard is operating may, by
    agreement, on a reimbursable basis or otherwise, utilize the
    personnel, services, equipment, including aircraft and vessels,
    and facilities of any other Federal agency or department, and
    may authorize officers or employees of other departments or
    agencies to provide assistance as necessary in carrying out
    subsection (b). While providing such assistance, these officers
    and employees shall be under the control, authority, and
    supervision of the Coast Guard. The Administrator and the
    Secretary of the department in which the Coast Guard is
    operating may issue regulations jointly or severally as may be
    necessary and appropriate to carry out their duties under this
    section.
    ---------------------------------------------------------------------------
        \32\ 30 U.S.C. 1464.
    ---------------------------------------------------------------------------
        (b) Powers of Authorized Officers.--To enforce this Act on
    board any vessel subject to the provisions of the Act, any
    officer who is authorized by the Administrator or by the
    Secretary of the department in which the Coast Guard is
    operating may--
              (1) board and inspect any vessel which is subject to
            the provisions of this Act;
              (2) search any such vessel if the officer has
            reasonable cause to believe that the vessel has been
            used or employed in the violation of any provision of
            this Act;
              (3) arrest any person subject to section 301 if the
            officer has reasonable cause to believe that the person
            has committed a criminal offense under section 303;
              (4) seize any such vessel together with it gear,
            furniture, appurtenances, stores, and cargo, used or
            employed in, or with respect to which it reasonably
            appears that such vessel was used or employed in, the
            violation of any provision of this Act if such seizure
            is necessary to prevent evasion of the enforcement of
            this Act;
              (5) seize any hard mineral resource recovered or
            processed in violation of any provision of this Act;
              (6) seize any other evidence related to any violation
            of any provision of this Act;
              (7) execute any warrant or other process issued by
            any court of competent jurisdiction; and
              (8) exercise any other lawful authority.
        (c) Definition.--For purposes of this section, the term
    ``provisions of this Act'' or ``provision of this Act'' means
    (1) any provision of title I or II or this title, (2) any
    regulation issued under title I, title II, or this title, and
    (3) any term, condition, or restriction of any license or
    permit issued under title I.
        (d) Proprietary Information.--Proprietary and privileged
    information seized or maintained under this title concerning a
    person or vessel engaged in exploration or commercial recovery
    shall not be made available for general or public use or
    inspection. The Administrator and the Secretary of the
    department in which the Coast Guard is operating shall issue
    regulations to insure the confidentiality of privileged and
    proprietary information.

    SEC. 305.\33\ LIABILITY OF VESSELS.

        Any vessel documented or numbered under the laws of the
    United States (except a public vessel engaged in noncommercial
    activities) which is used in any violation of this Act, any
    regulation issued under this Act, or any term, condition, or
    restriction of any license or permit issued under title I shall
    be liable in rem for any civil penalty assessed or criminal
    fine imposed and may be proceeded against in any district court
    of the United States having jurisdiction thereof.
    ---------------------------------------------------------------------------
        \33\ 30 U.S.C. 1465.
    ---------------------------------------------------------------------------

    SEC. 306.\34\ CIVIL FORFEITURES.

        (a) In General.--Any vessel subject to the provisions of
    sections 304 and 305, including its gear, furniture,
    appurtenances, stores, and cargo, which is used, in any manner,
    in connection with or as a result of the commission of any act
    prohibited by section 301 and any hard mineral resource which
    is recovered, processed, or retained, in any manner, in
    connection with or as a result of any such act, shall be
    subject to forfeiture to the United States. All or part of such
    vessel, and all such hard mineral resources, may be forfeited
    to the United States pursuant to a civil proceeding under this
    section. All provisions of law relating to the seizure,
    judicial forfeiture, and condemnation of a vessel or cargo for
    violation of the customs laws, and the disposition of the
    vessel, cargo, or proceeds from the sale thereof and the
    remission or mitigation of such forfeitures shall apply to
    seizures and forfeitures incurred or alleged to have been
    incurred under the provisions of this section insofar as such
    provisions of law are applicable and not inconsistent with this
    Act.
    ---------------------------------------------------------------------------
        \34\ 30 U.S.C. 1466.
    ---------------------------------------------------------------------------
        (b) Jurisdiction of Courts.--Any district court of the
    United States which has jurisdiction under section 307 shall
    have jurisdiction, upon application by the Attorney General on
    behalf of the United States, to order any forfeiture authorized
    under subsection (a) and any action provided for under
    subsection (d).
        (c) Judgment.--If a judgment is entered for the United
    States in a civil forfeiture proceeding under this section, the
    Attorney General may seize any property or other interest
    declared forfeited to the United States which has not
    previously been seized pursuant to this Act or for which
    security has not previously been obtained under subsection (d).
        (d) Procedure.--Any officer authorized to serve any process
    in rem which is issued by a court having jurisdiction under
    section 307 shall stay the execution of such process, or
    discharge any property seized pursuant to such process, upon
    the receipt of a satisfactory bond or other security from any
    person subject to section 301 claiming such property. Such bond
    or other security shall be conditioned upon such person (1)
    delivering such property to the appropriate court upon order
    thereof, without any impairment of its value; or (2) paying the
    monetary value of such property pursuant to any order of such
    court. Judgment shall be recoverable on such bond or other
    security against both the principal and any sureties in the
    event that any condition thereof is breached, as determined by
    such court.
        (e) Rebuttable Presumption.--For purposes of this section,
    it shall be a rebuttable presumption that all hard mineral
    resources found on board a vessel subject to the provisions of
    sections 304 and 305 which is seized in connection with an act
    prohibited by section 301 were recovered, processed, or
    retained in violation of this Act.

    SEC. 307.\35\ JURISDICTION OF COURTS.

        The district of the United States shall have exclusive
    jurisdiction over any case or controversy arising under the
    provisions of this Act. These courts may, at any time--
    ---------------------------------------------------------------------------
        \35\ 30 U.S.C. 1467.
    ---------------------------------------------------------------------------
              (1) enter restraining orders or prohibitions;
              (2) issue warrants, process in rem, or other process;
              (3) prescribe and accept satisfactory bonds or other
            security; and
              (4) take such other actions as are in the interest of
            justice.

    SEC. 308.\36\ REGULATIONS.

        (a) Proposed Regulations.--Not later than 270 days after
    the date of enactment of this Act, the Administrator shall
    solicit the views of the agency heads referred to in section
    109(b) and of interested persons, and issue, in accordance with
    section 553 of title 5, United States Code, such proposed
    regulations as are required by or are necessary and appropriate
    to implement titles I and II and this title. The Administrator
    shall hold at least one public hearing on such proposed
    regulations.
    ---------------------------------------------------------------------------
        \36\ 30 U.S.C. 1468.
    ---------------------------------------------------------------------------
        (b) Final Regulations.--Not later than 180 days after the
    date on which proposed regulations are issued pursuant to
    subsection (a), the Administrator shall solicit the views of
    the agency heads referred to in section 109(b) and of
    interested persons, consider the comments received during the
    public hearing required in subsection (a) and any written
    comments on the proposed regulations received by the
    Administrator, and issue, in accordance with section 553 of
    title 5, United States Code, such regulations as are required
    by or are necessary and appropriate to implement titles I and
    II and this title.
        (c) Amendments.--The Administrator may at any time amend
    regulations issued pursuant to subsection (b) as the
    Administrator determines to be necessary and appropriate in
    order to provide for the conservation of natural resources
    within the meaning of section 110, protection of the
    environment, and the safety of life and property at sea. Such
    amended regulations shall apply to all exploration or
    commercial recovery activities conducted under any license or
    permit issued or maintained pursuant to this Act; except that
    any such amended regulations which provide for conservation of
    natural resources shall apply to exploration or commercial
    recovery conducted under an existing license or permit during
    the present term of such license or permit only if the
    Administration determines that such amended regulations
    providing for conservation of natural resources will not impose
    serious or irreparable economic hardship on the licensee or
    permittee. Any amendment to regulation under this subsection
    shall be made on the record after an opportunity for an agency
    hearing.
        (d) Consistency.--This Act and the regulations issued under
    this Act shall not be deemed to supersede any other Federal
    laws or treaties or regulations issued thereunder.

    SEC. 309.\37\ BIENNIAL REPORT.

        (a) Submission on Reports.--The Administrator shall submit
    to the Congress--
    ---------------------------------------------------------------------------
        \37\ 30 U.S.C. 1469.
    ---------------------------------------------------------------------------
              (1) not later than December 31, 1981, a report on the
            administration of this Act during the period beginning
            on the date of enactment of this Act and ending
            September 30, 1981; and
              (2) not later than December 31 of each second year
            thereafter, a report on the administration of this Act
            during the two fiscal years preceding the date on which
            the report is required to be filed.
        (b) Contents.--Each report filed pursuant to subsection (a)
    shall include, but be limited to, the following information
    with respect to the reporting period:
              (1) Licenses and permits issued, modified, revised,
            suspended, revoked, relinquished, surrendered, or
            transferred, denials of certifications of applications
            for the issuance or transfer of licenses and permits;
            denials or issuance or transfer of licenses and
            permits; and required suspensions and modifications of
            activities under licenses and permits.
              (2) A description and evaluation of the exploration
            and commercial recovery activities undertaken,
            including, but not limited to, information setting
            forth the quantities of hard mineral resources
            recovered and the disposition of such resources.
              (3) An assessment of the environmental impacts,
            including a description and estimate of any damage
            caused by any adverse effects on the quality of the
            environment resulting from such activities.
              (4) The number and description of all civil and
            criminal proceedings, including citations, instituted
            under this title, and the current status of such
            proceedings.
              (5) Such recommendations as the Administrator deems
            appropriate for amending this Act to further fulfill
            its purposes.

    SEC. 310.\38\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the
    Administrator, for purposes of carrying out the provisions of
    titles I and II and this title, such sums as may be necessary
    for the fiscal years ending September 30, 1981, and September
    30, 1982, and $1,469,000 for the fiscal year ending September
    30, 1983, $2,150,000 for the fiscal year ending September 30,
    1984, $1,500,000 for each of the fiscal years ending September
    30, 1985 and September 30, 1986, $1,500,000 for each of the
    fiscal years ending September 30, 1987, September 30, 1988, and
    September 30, 1989, and $1,525,000 for each of the fiscal years
    1990, 1991, 1992, 1993, and 1994.\39\
    ---------------------------------------------------------------------------
        \38\ 30 U.S.C. 1470.
        \39\ Public Law 97-416 (96 Stat. 2084), added authorizations for
    fiscal years 1983 and 1984. Sec. 403 of Public Law 98-623 (98 Stat.
    3408) added authorizations for fiscal years 1985 and 1986. Public Law
    99-507 (100 Stat. 1847) added authorizations for fiscal years 1987,
    1988, and 1989. Public Law 101-178 (103 Stat. 1297) added
    authorizations for fiscal years 1990 through 1994.
    ---------------------------------------------------------------------------

    SEC. 311.\40\ SEVERABILITY.

        If any provision of this Act or any application thereof is
    held invalid, the validity of the remainder of the Act, or any
    other application, shall not be affected thereby.
    ---------------------------------------------------------------------------
        \40\ 30 U.S.C. 1471.
    ---------------------------------------------------------------------------

                                 TITLE IV--TAX

    SEC. 401. SHORT TITLE.

        This title may be cited as the ``Deep Seabed Hard Mineral
    Removal Tax Act of 1979''.

    SEC. 402.\41\ IMPOSITION OF TAX ON REMOVAL OF HARD MINERAL RESOURCES
                        FROM DEEP SEABED. * * *
    ---------------------------------------------------------------------------

        \41\ Sec. 402 amended ch. 36 of the Internal Revenue Code of 1954
    [now Internal Revenue Code of 1986, pursuant to sec. 2 of Public Law
    99-514] (relating to certain other excise taxes), by adding new secs.
    4495 through 4498, title 26, effective January 1, 1980.
    ---------------------------------------------------------------------------

    SEC. 403.\42\ ESTABLISHMENT OF DEEP SEABED REVENUE SHARING TRUST FUND.

        (a) Creation of Trust Fund.--There is established in the
    Treasury of the United States a trust fund to be known as the
    ``Deep Seabed Revenue Sharing Trust Fund'' ((hereinafter in
    this section referred to as the ``Trust Fund''), consisting of
    such amounts as may be appropriated or credited to the Trust
    Fund as provided in this section.
    ---------------------------------------------------------------------------
        \42\ 30 U.S.C. 1472.
    ---------------------------------------------------------------------------
        (b) Transfer to Trust Fund of Amounts Equivalent to Certain
    Taxes.--
              (1) In general.--There are hereby appropriated to the
            Trust Fund amounts determined by the Secretary of the
            Treasury to be equivalent to the amounts of the taxes
            received in the Treasury under section 4495 of the
            Internal Revenue Code of 1986.\43\
    ---------------------------------------------------------------------------
        \43\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100
    Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted
    in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited
    in any law.
    ---------------------------------------------------------------------------
              (2) Method of transfer.--The amounts appropriated by
            paragraph (1) shall be transferred at least quarterly
            from the general fund of the Treasury to the Trust Fund
            on the basis of estimates made by the Secretary of the
            Treasury of the amounts referred to in paragraph (1)
            received in the Treasury. Proper adjustments shall be
            made in the amounts subsequently transferred to the
            extent prior estimates were in excess of or less than
            the amount required to be transferred.
        (c) Management of Trust Fund.--
              (1) Report.--It shall be the duty of the Secretary of
            the Treasury to hold the Trust Fund, and to report to
            the Congress for the fiscal year ending September 30,
            1980, and each fiscal year thereafter on the financial
            condition and the results of the operations of the
            Trust Fund during the preceding year and on its
            expected condition and operations during the fiscal
            year and the next five fiscal years after the fiscal
            year. Such report shall be printed as a House document
            of the session of the Congress to which the report is
            made.
              (2) Investment.--
                      (A) In general.--It shall be the duty of the
                    Secretary of the Treasury to invest such
                    portion of the Trust Fund as is not, in his
                    judgment, required to meet current withdrawals.
                    Such investments may be made only in interest-
                    bearing obligations of the United States. For
                    such purpose, such obligations may be acquired
                    (i) on original issue at the issue price, or
                    (ii) by purchase of outstanding obligations at
                    the market price.
                      (B) Sale of obligations.--Any obligation
                    acquired by the Trust Fund may be sold by the
                    Secretary at the market price.
                      (C) Interest on certain proceeds.--The
                    interest on, and the proceeds from the sale or
                    redemption of, any obligations held in the
                    Trust Fund shall be credited to and form a part
                    of the Trust Fund.
        (d) Expenditures From Trust Fund.--If an international deep
    seabed treaty is ratified by and in effect with respect to the
    United States on or before the date ten years after the date of
    the enactment of this Act, amounts in the Trust Fund shall be
    available, as provided by appropriations Acts, for making
    contributions required under such treaty for purposes of the
    sharing among nations of the revenues from deep seabed mining.
    Nothing in this subsection shall be deemed to authorize any
    program or other activity not otherwise authorized by law.
        (e) Use of Funds.--If an international deep seabed treaty
    is not in effect with respect to the United States on or before
    the date ten years after the date of the enactment of this Act,
    amounts in the Trust Fund shall be available for such purposes
    as Congress may hereafter provide by law.
        (f) International Deep Seabed Treaty.--For purposes of this
    section, the term ``international deep seabed treaty'' has the
    meaning given to such term by section 4498(b) of the Internal
    Revenue Code of 1986.\43\

    SEC. 404.\44\ ACT NOT TO AFFECT TAX OR CUSTOMS OR TARIFF TREATMENT OF
                        DEEP SEABED MINING.

        Except as otherwise provided in section 402, nothing in
    this Act shall affect the application of the Internal Revenue
    Code of 1986.\43\ Nothing in this Act shall affect the
    application of the customs or tariff laws of the United States.
    ---------------------------------------------------------------------------
        \44\ 30 U.S.C. 1473.
        i. Establishment of Exclusive Economic Zone of the United States

              Proclamation 5030, March 10, 1983, 48 F.R. 10605 \1\

    Whereas the Government of the United States of America desires
        to facilitate the wise development and use of the oceans
        consistent with international law;
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1453 note.
    ---------------------------------------------------------------------------
    Whereas international law recognizes that, in a zone beyond its
        territory and adjacent to its territorial sea, known as the
        Exclusive Economic Zone, a coastal State may assert certain
        sovereign rights over natural resources and related
        jurisdiction; and
    Whereas the establishment of an Exclusive Economic Zone by the
        United States will advance the development of ocean
        resources and promote the protection of the marine
        environment, while not affecting other lawful uses of the
        zone, including the freedoms of navigation and overflight,
        by other States;

        NOW, THEREFORE, I, RONALD REAGAN, by the authority vested
    in me as President by the Constitution and laws of the United
    States of America, do hereby proclaim the sovereign rights and
    jurisdiction of the United States of America and confirm also
    the rights and freedoms of all States within an Exclusive
    Economic Zone, as described herein.
        The Exclusive Economic Zone of the United States is a zone
    contiguous to the territorial sea, including zones contiguous
    to the territorial sea of the United States, the Commonwealth
    of Puerto Rico, the Commonwealth of the Northern Mariana
    Islands (to the extent consistent with the Covenant and the
    United Nations Trusteeship Agreement), and United States
    overseas territories and possessions. The Exclusive Economic
    Zone extends to a distance 200 nautical miles from the baseline
    from which the breadth of the territorial sea is measured. In
    cases where the maritime boundary with a neighboring State
    remains to be determined, the boundary of the Exclusive
    Economic Zone shall be determined by the United States and
    other State concerned in accordance with equitable principles.
        Within the Exclusive Economic Zone, the United States has,
    to the extent permitted by international law, (a) sovereign
    rights for the purpose of exploring, exploiting, conserving and
    managing natural resources, both living and non-living, of the
    seabed and subsoil and the superjacent waters and with regard
    to other activities for the economic exploitation and
    exploration of the zone, such as the production of energy from
    the water, currents and winds; and (b) jurisdiction with regard
    to the establishment and use of artificial islands, and
    installations and structures having economic purposes, and the
    protection and preservation of the marine environment.
        This Proclamation does not change existing United States
    policies concerning the continental shelf, marine mammals and
    fisheries, including highly migratory species of tuna which are
    not subject to United States jurisdiction and require
    international agreements for effective management.
        The United States will exercise these sovereign rights and
    jurisdiction in accordance with the rule of international law.
        Without prejudice to the sovereign rights and jurisdiction
    of the United States, the Exclusive Economic Zone remains an
    area beyond the territory and territorial sea of the United
    States in which all States enjoy the high seas freedoms of
    navigation, overflight, the laying of submarine cables and
    pipelines, and other internationally lawful uses of the sea.
        IN WITNESS WHEREOF, I have hereunto set my hand this tenth
    day of March, in the year of our Lord nineteen and eighty-
    three, and of the Independence of the United States of America
    the two hundred and seventh.
            j. Establishment of Territorial Sea of the United States

             Proclamation 5928, December 27, 1988, 54 F.R. 777 \1\

        International law recognizes that coastal nations may
    exercise sovereignty and jurisdiction over their territorial
    seas.
    ---------------------------------------------------------------------------
        \1\ 43 U.S.C. 1331 note.
    ---------------------------------------------------------------------------
        The territorial sea of the United States is a maritime zone
    extending beyond the land territory and internal waters of the
    United States over which the United States exercises
    sovereignty and jurisdiction, a sovereignty and jurisdiction
    that extend to the airspace over the territorial sea, as well
    as to its bed and subsoil.
        Extension of the territorial sea by the United States to
    the limits permitted by international law will advance the
    national security and other significant interests of the United
    States.
        NOW, THEREFORE, I, RONALD REAGAN, by the authority vested
    in me as President by the Constitution of the United States of
    America, and in accordance with international law, do hereby
    proclaim the extension of the territorial sea of the United
    States of America, the Commonwealth of Puerto Rico, Guam,
    American Samoa, the United States Virgin Islands, the
    Commonwealth of the Northern Mariana Islands, and any other
    territory or possession over which the United States exercises
    sovereignty.
        The territorial sea of the united States henceforth extends
    to 12 miles from the baselines of the United States determined
    in accordance with international law.
        In accordance with international law, as reflected in the
    applicable provisions of the 1982 United Nations Convention on
    the Law of the Sea, within the territorial sea of the united
    States, the ships of all countries enjoy the right of innocent
    passage and the ships and aircraft of all countries enjoy the
    right of transit passage through international straits.
        Nothing in this Proclamation:
              (a) extends or otherwise alters existing Federal or
            State law or any jurisdiction, rights, legal interests,
            or obligations derived therefrom; or
              (b) impairs the determination, in accordance with
            international law, of any maritime boundary of the
            United States with a foreign jurisdiction.
        IN WITNESS WHEREOF, I have hereunto set my hand this 27th
    day of December, in the year of our Lord nineteen and eighty-
    eight, and of the Independence of the United States of America
    the two hundred and thirteenth.
            k. Establishment of Contiguous Zone of the United States

            Proclamation 7219, September 2, 1999, 64 F.R. 48701 \1\

        International law recognizes that coastal nations may
    establish zones contiguous to their territorial seas, known as
    contiguous zones.
    ---------------------------------------------------------------------------
        \1\ 43 U.S.C. 1331 note.
    ---------------------------------------------------------------------------
        The contiguous zone of the United States is a zone
    contiguous to the territorial sea of the United States, in
    which the United States may exercise the control necessary to
    prevent infringement of its customs, fiscal, immigration, or
    sanitary laws and regulations within its territory or
    territorial sea, and to punish infringement of the above laws
    and regulations committed within its territory or territorial
    sea.
        Extension of the contiguous zone of the United States to
    the limits permitted by international law will advance the law
    enforcement and public health interests of the United States.
    Moreover, this extension is an important step in preventing the
    removal of cultural heritage found within 24 nautical miles of
    the baseline.
        NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority
    vested in me as President by the Constitution of the United
    States, and in accordance with international law, do hereby
    proclaim the extension of the contiguous zone of the United
    States of America, including the Commonwealth of Puerto Rico,
    Guam, American Samoa, the United States Virgin Islands, the
    Commonwealth of the Northern Mariana Islands, and any other
    territory or possession over which the United States exercises
    sovereignty, as follows:
        The contiguous zone of the United States extends to 24
    nautical miles from the baselines of the United States
    determined in accordance with international law, but in no case
    within the territorial sea of another nation.
        In accordance with international law, reflected in the
    applicable provisions of the 1982 Convention on the Law of the
    Sea, within the contiguous zone of the United States the ships
    and aircraft of all countries enjoy the high seas freedoms of
    navigation and overflight and the laying of submarine cables
    and pipelines, and other internationally lawful uses of the sea
    related to those freedoms, such as those associated with the
    operation of ships, aircraft, and submarine cables and
    pipelines, and compatible with the other provisions of
    international law reflected in the 1982 Convention on the Law
    of the Sea.
        Nothing in this proclamation:
              (a) amends existing Federal or State law;
              (b) amends or otherwise alters the rights and duties
            of the United States or other nations in the Exclusive
            Economic Zone of the United States established by
            Proclamation 5030 of March 10, 1983 [16 U.S.C. 1453
            note]; or
              (c) impairs the determination, in accordance with
            international law, of any maritime boundary of the
            United States with a foreign jurisdiction.
        IN WITNESS WHEREOF, I have hereunto set my hand this second
    day of September, in the year of our Lord nineteen hundred and
    ninety-nine, and of the Independence of the United States of
    America the two hundred and twenty-fourth.
                 l. Governing International Fishery Agreements

          (1) Governing International Fisheries Agreement With Poland

        Partial text of Public Law 105-384 [H.R. 3461], 112 Stat. 3451,
                           approved November 13, 1998

     AN ACT To approve a governing international fishery agreement between
     the United States and the Republic of Poland, and for other purposes.

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

         TITLE I--GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND

    SEC. 101.\1\ GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND.

        Notwithstanding section 203 of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1823), the governing
    international fishery agreement between the Government of the
    United States of America and the Government of the Republic of
    Poland, as contained in the message to Congress from the
    President of the United States dated February 5, 1998, is
    approved as a governing international fishery agreement for the
    purposes of such Act and shall enter into force and effect with
    respect to the United States on the date of the enactment of
    this Act.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1823 note.
    ---------------------------------------------------------------------------
              * * * * * * *
    (2) Governing International Fisheries Agreement With Russian Federation

        Partial text of Public Law 103-206 [H.R. 2150], 108 Stat. 2419,
         approved December 20, 1993; as amended by Public Law 104-208
    [Department of Commerce and Related Agencies Appropriations Act; title
      II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110
                    Stat. 3009, approved September 30, 1996

    AN ACT To authorize appropriations for fiscal year 1994 for the United
                  States Coast Guard, and for other purposes.

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

                  TITLE VII--MISCELLANEOUS FISHERY PROVISIONS

    SEC. 701.\1\ GOVERNING INTERNATIONAL FISHERIES AGREEMENT.

        The Agreement between the Government of the United States
    of America and the Government of the Russian Federation on
    Mutual Fisheries Relations which was entered into on May 31,
    1988, and which expired by its terms on October 28, 1993, may
    be brought into force again for the United States through an
    exchange of notes between the United States of America and the
    Russian Federation and may remain in force and effect on the
    part of the United States until May 1, 1994, and may be amended
    or extended by a subsequent agreement to which section 203 of
    the Magnuson-Stevens Fishery Conservation and Management Act
    \2\ (16 U.S.C. 1823) applies.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1823 note.
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 703. INTERNATIONAL FISHERY CONSERVATION IN THE CENTRAL BERING SEA.

        It is the sense of the Congress that--
              (1) the United States should take appropriate
            measures to conserve the resources of the Doughnut
            Hole, a small enclave of international waters in the
            central Bering Sea, encircled by the Exclusive Economic
            Zones of the United States and the Russian Federation;
              (2) the United States should continue its pursuit of
            an international agreement, consistent with its rights
            as a coastal state, to ensure proper management for
            future commercial viability of these natural resources;
              (3) the United States, working closely with the
            Russian Federation should, in accordance with
            international law and through multilateral
            consultations or through other means, promote effective
            international programs for the implementation and
            enforcement of regulations of the fisheries by those
            nations that fish in the Doughnut Hole;
              (4) the United States nonetheless should be mindful
            of its management responsibility in this regard and of
            its rights in accordance with international law to
            fully utilize the stock within its own exclusive
            economic zone;
              (5) the United States should accept as an urgent duty
            the need to conserve for future generations the
            Aleutian Basin pollock stock and should carry out that
            duty by taking all necessary measures, in accordance
            with international law; and
              (6) the United States should foster further
            multilateral cooperation leading to international
            consensus on management of the Doughnut Hole resources
            through the fullest use of diplomatic channels and
            appropriate domestic and international law and should
            explore all other available options and means for
            conservation and management of these living marine
            resources.
              * * * * * * *
           (3) Governing International Fishery Agreement With Estonia

        Partial text of Public Law 102-587 [H.R. 5617], 106 Stat. 5039,
    approved November 4, 1992; as amended by Public Law 104-208 [Department
     of Commerce and Related Agencies Appropriations Act; title II of sec.
     101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
                          approved September 30, 1996

     AN ACT To provide Congressional approval of a Governing International
                   Fishery Agreement, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Oceans Act of 1992''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1431 note.
    ---------------------------------------------------------------------------

         TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT

    SEC. 1001.\2\ APPROVAL OF AGREEMENT.

        Notwithstanding section 203 of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1823),\3\ the
    governing international fishery agreement between the
    Government of the United States of America and the Government
    of the Republic of Estonia, as contained in the message to
    Congress from the President of the United States dated June 24,
    1992, is approved by the Congress as a governing international
    fishery agreement for the purposes of such Act and shall enter
    into force and effect with respect to the United States on the
    date of enactment of this title.
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 1823 note.
        \3\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              * * * * * * *
            (4) Governing International Fishery Agreement with Japan

     Partial text of Public Law 101-224 [National Oceanic and Atmospheric
     Administration Ocean and Coastal Programs Authorization Act of 1989;
     H.R. 1668], 103 Stat. 1905, approved December 12, 1989; as amended by
        Public Law 104-208 [Department of Commerce and Related Agencies
     Appropriations Act; title II of sec. 101(a) of title I of Public Law
        104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996

       AN ACT To authorize appropriations for certain ocean and coastal
        programs of the National Oceanic and Atmospheric Administration.

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

    SECTION 7.\1\ INTERNATIONAL FISHERY AGREEMENT.

        Notwithstanding any provision of the Magnuson-Stevens
    Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et
    seq.), the governing international fishery agreement entered
    into between the Government of the United States and the
    Government of Japan, as contained in the Message to Congress
    from the President of the United States dated October 30, 1989,
    is approved by the Congress and shall enter into force and
    effect with respect to the United States on the date of the
    enactment of this Act.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1823 note.
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              * * * * * * *
        (5) Governing International Fishery Agreement with Soviet Union

        Partial text of Public Law 100-629 [H.R. 4919], 102 Stat. 3287,
    approved November 7, 1988; as amended by Public Law 104-208 [Department
     of Commerce and Related Agencies Appropriations Act; title II of sec.
     101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
                          approved September 30, 1996

    AN ACT To approve the governing international fishery agreement between
    the United States and the Union of the Soviet Socialist Republics, and
                              for other purposes.

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

    SECTION 1.\1\ SOVIET UNION FISHING AGREEMENT.

        That notwithstanding any provision of the Magnuson-Stevens
    Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et
    seq.), the governing international fishery agreement entered
    into between the Government of the United States and the
    Government of the Union of the Soviet Socialist Republics, as
    contained in the Message to Congress from the President of the
    United States dated June 22, 1988, is approved by the Congress
    and shall enter into force and effect with respect to the
    United States on the date of the enactment of this Act.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1823 note.
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 5.\1\ NORTH PACIFIC AND BERING SEA FISHERIES ADVISORY BODY.

        (a) In General.--The Secretary of State shall establish an
    advisory body on the fisheries of the North Pacific and the
    Bering Sea, which shall advise the United States representative
    to the International Consultative Committee created in
    accordance with Article XIV of the governing international
    fishery agreement entered into between the United States and
    the Union of Soviet Socialist Republics, as contained in the
    Message to Congress from the President of the United States
    dated June 22, 1988.
        (b) Membership.--
              (1) In general.--The advisory body established
            pursuant to this section shall consist of 12 members,
            as follows:
                      (A) The Director of the Department of
                    Fisheries of the State of Washington.
                      (B) The Commission of the Department of Fish
                    and Game of the State of Alaska.
                      (C) Five members appointed by the Secretary
                    of State from among persons nominated by the
                    Governor of Alaska on the basis of their
                    knowledge and experience in commercial
                    harvesting, processing, or marketing of fishery
                    resources.
                      (D) Five members appointed by the Secretary
                    of State from among persons nominated by the
                    Governor of Washington on the basis of their
                    knowledge and experience in commercial
                    harvesting, processing, or marketing of fishery
                    resources.
              (2) Nominations.--The Governor of Alaska and the
            Governor of Washington shall each nominate 10 persons
            for purposes of paragraph (1).
        (c) Pay.--Members of the advisory body established pursuant
    to this section shall receive no pay by reason of their service
    as members of the advisory body.
        (d) Exemption From Federal Advisory Committee Act.--The
    Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall
    not apply to an advisory body established pursuant to this
    section.

    SEC. 6.\3\ USE OF VESSEL IDENTIFICATION EQUIPMENT.

        (a) The Secretary of State, the Secretary of Commerce, and
    the Secretary of the department in which the Coast Guard is
    operating, as appropriate, shall exercise their authority under
    section 201(c)(2)(C) of the Magnuson-Stevens Fishery
    Conservation and Management Act \2\ (16 U.S.C. 1821) to require
    the use of transponders or other such appropriate position-
    fixing and identification equipment on any vessel other than a
    vessel of the United States engaged in fishing in the United
    States Exclusive Economic Zone.
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 1821 note.
    ---------------------------------------------------------------------------
        (b) The Secretary of Commerce, after consultation with the
    Secretary of Defense, the Secretary of State, and the Secretary
    of the department in which the Coast Guard is operating shall
    report to the Committee on Merchant Marine and Fisheries \4\ of
    the House of Representatives and the Committee on Commerce,
    Science and Transportation of the Senate within 180 days after
    the date of enactment of this Act on the results of their
    compliance with subsection (a).
    ---------------------------------------------------------------------------
        \4\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided that
    references to the Committee on Merchant Marine and Fisheries of the
    House of Representatives shall be treated as referring to--
    ---------------------------------------------------------------------------

      (A) the Committee on Agriculture, in the case of a provision of law
    relating to inspection of seafood or seafood products;

      (B) the Committee on National Security, in the case of a provision of law
    relating to interoceanic canals, the Merchant Marine Academy and State
    Maritime Academies, or national security aspects of merchant marine;

      (C) the Committee on Resources, in the case of a provision of law
    relating to fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures relating to
    oil and other pollution of navigable waters, or oceanography;

      (D) the Committee on Science, in the case of a provision of law relating
    to marine research; and

      (E) the Committee on Transportation, in the case of a provision of law
    relating to a matter other than a matter described in any of subparagraphs
    (A) through (D).

              * * * * * * *
     (6) Governing International Fishery Agreement with German Democratic
                                    Republic

    Partial text of Public Law 100-350 [H.R. 4621], 102 Stat. 660, approved
    June 27, 1988; as amended by Public Law 104-208 [Department of Commerce
      and Related Agencies Appropriations Act; title II of sec. 101(a) of
      title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved
                               September 30, 1996

    AN ACT To provide Congressional approval of the Governing International
     Fishery Agreement between the United States and the Government of the
                          German Democratic Republic.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1.\1\ APPROVAL OF GIFA WITH GERMAN DEMOCRATIC REPUBLIC.

        That notwithstanding section 203 of the Magnuson-Stevens
    Fishery Conservation and Management Act \2\ (16 U.S.C. 1823),
    the extension of the governing international fishery agreement
    between the Government of the United States of American and the
    Government of the German Democratic Republic, as contained in
    the message to Congress from the President of the United
    States, dated May 3, 1988--
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1823 note.
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (1) is approved by Congress as a governing
            international fishery agreement for the purposes of
            such Act; and
              (2) shall enter into force and effect with respect to
            the United States on the date of enactment of this Act.
              * * * * * * *
      (7) Governing International Fishery Agreement with Japan Concerning
                 Fisheries Off the Coasts of the United States

     Title I of Public Law 100-220 [United States-Japan Fishery Agreement
    Approval Act of 1987; H.R. 3674], 101 Stat. 1458, approved December 29,
      1987; as amended by Public Law 104-208 [Department of Commerce and
    Related Agencies Appropriations Act; title II of sec. 101(a) of title I
     of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September
                                    30, 1996

    AN ACT To provide congressional approval of the Governing International
     Fishery Agreements between the United States and Japan; to implement
       the provisions of Annex V to the International Convention for the
     Prevention of Pollution from Ships, 1973; to reauthorize the National
     Sea Grant College Program Act; to improve efforts to monitor, assess,
      and reduce the adverse impacts of driftnets; and for other purposes.

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

      TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH
                                     JAPAN

    SEC. 1001.\1\ APPROVAL OF AGREEMENT.

        Notwithstanding section 203 of the Magnuson-Stevens Fishery
    Conservation and Management Act \2\ (16 U.S.C. 1823), the
    governing international fishery agreement between the
    Government of the United States of America and the Government
    of Japan Concerning Fisheries Off the Coasts of the United
    States, as contained in the Message to Congress from the
    President of the United States dated November 17, 1987--
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1823 note.
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (1) is approved by Congress as a governing
            international fishery agreement for purposes of such
            Act, and
              (2) shall enter into force and effect with respect to
            the United States on the date of the enactment of this
            Act.
         (8) Governing International Fishery Agreement with South Korea

        Partial text of Public Law 100-66 [United States-Korea Fishery
    Agreement; Sea Grant College Fellowship Program; H.R. 2480], 101 Stat.
         384, approved July 10, 1987; as amended by Public Law 104-208
    [Department of Commerce and Related Agencies Appropriations Act; title
      II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110
                    Stat. 3009, approved September 30, 1996

       AN ACT To extend temporarily the governing international fishery
    agreement between the United States and the Republic of Korea, and for
                                other purposes.

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

    SECTION 1.\1\ EXTENSION OF GOVERNING INTERNATIONAL FISHERY AGREEMENT
                        BETWEEN THE UNITED STATES AND SOUTH KOREA.

        Notwithstanding any provision of the Magnuson-Stevens
    Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et
    seq.), the governing international fishery agreement entered
    into between the Government of the United States and the
    Government of the Republic of Korea on July 26, 1982, shall
    remain in force and effect with respect to the United States
    until the closing date of the sixty-day period referred to in
    section 203(a) of such Act that applies with respect to any new
    governing international fishery agreement between the United
    States and the Republic of Korea that is transmitted to the
    Congress under section 203(a) after May 1, 1987, or November 1,
    1987, whichever is earlier.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1823 note.
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              * * * * * * *
      (9) Governing International Fishery Agreements with Iceland and the
                          European Economic Community

       Title I of Public Law 98-623 [H.R. 6342], 98 Stat. 3394, approved
       November 8, 1984; as amended by Public Law 104-208 [Department of
      Commerce and Related Agencies Appropriations Act; title II of sec.
     101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
                          approved September 30, 1996

       AN ACT To approve governing international fishery agreements with
      Iceland and the EEC; to establish national standards for artificial
      reefs; to implement the Convention on the Conservation of Antarctic
                Marine Living Resources; and for other purposes.

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

     TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENTS WITH
                            ICELAND AND THE EEC \1\

        Notwithstanding section 203 of the Magnuson-Stevens Fishery
    Conservation and Management Act \2\ (16 U.S.C. 1823)--
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1823 note.
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (1) the governing international fishery agreement
            between the Government of the United States and the
            European Economic Community Concerning Fisheries Off
            the Coasts of the United States, as contained in the
            Message to Congress from the President of the United
            States dated August 27, 1984, is hereby approved by
            Congress as a governing international fishery agreement
            for purposes of that Act, and may enter into force with
            respect to the United States in accordance with the
            terms of Article XIX of the agreement after the date of
            the enactment of this title, upon signature of the
            agreement by both parties; and
              (2) the governing international fishery agreement
            between the Government of the United States and the
            Government of the Republic of Iceland Concerning
            Fisheries off the Coasts of the United States, as
            contained in the message to Congress from the President
            of the United States dated September 28, 1984, is
            hereby approved by Congress as a governing
            international fishery agreement for purposes of that
            Act, and may enter into force with respect to the
            United States in accordance with the terms of Article
            XVI of the agreement after the date of the enactment of
            this title.
      (10) Governing International Fishery Agreements with Japan and Spain

      Title IV of Public Law 97-389 [H.R. 3942], 96 Stat. 1949, at 1954,
         approved December 29, 1982; as amended by Public Law 104-208
    [Department of Commerce and Related Agencies Appropriations Act; title
      II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110
                    Stat. 3009, approved September 30, 1996

     AN ACT To amend the Commercial Fisheries Research and Development Act
                                    of 1964.

        Be it enacted by the Senate and the House of
    Representatives of the United States of America in Congress
    assembled, That this Act may be cited as the ``Fisheries
    Amendments of 1982''.
              * * * * * * *

              TITLE IV--GOVERNING INTERNATIONAL FISHERY AGREEMENTS

        Sec. 401.\1\ Notwithstanding any other provision of law,
    the governing international fishery agreement entered into
    between the Government of the United States and the Government
    of Japan pursuant to the Magnuson-Stevens Fishery Conservation
    and Management Act \2\ (16 U.S.C. 1801 et seq.) signed at
    Washington on September 10, 1982, is approved, and shall become
    effective on January 1, 1983.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1823 note.
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
        Sec. 402.\1\ Notwithstanding any other provision of law,
    the governing international fishery agreement entered into
    between the Government of the United States and the Government
    of Spain pursuant to the Magnuson-Stevens Fishery Conservation
    and Management Act \2\ (16 U.S.C. 1801 et seq.) signed on July
    29, 1982, is approved.
              * * * * * * *
          (11) Governing International Fishery Agreement With Portugal

     Partial text of Public Law 96-561 [Salmon and Steelhead Conservation
    and Enhancement Act of 1980; S. 2163], 94 Stat. 3275 at 3287, approved
      December 22, 1980; as amended by Public Law 104-208 [Department of
      Commerce and Related Agencies Appropriations Act; title II of sec.
     101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
                          approved September 30, 1996

     AN ACT To provide for the conservation and enhancement of the salmon
    and steelhead resources of the United States, assistance to treaty and
        nontreaty harvesters of those resources, and for other purposes.

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

    SEC. 145.\1\ GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH PORTUGAL.

        Notwithstanding section 203 of the Magnuson-Stevens Fishery
    Conservation and Management Act,\2\ the governing international
    fishery agreement between the Government of the United States
    of America and the Government of Portugal Concerning Fisheries
    Off the Coasts of the United States, as contained in the
    message to Congress from the President of the United States
    dated December 1, 1980--
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1823 note.
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (1) is hereby approved by Congress as a governing
            international fishery agreement for the purposes of
            such Act of 1976; and
              (2) shall enter into force and effect with respect to
            the United States on the date of the enactment of this
            title.
              * * * * * * *
                              2. Marine Pollution

                          a. Oil Pollution Act of 1990

    Partial text of Public Law 101-380 [H.R. 1465], 104 Stat. 484, approved
                                August 18, 1990

    AN ACT To establish limitations on liability for damages resulting from
    oil pollution, to establish a fund for the payment of compensation for
                     such damages, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Oil Pollution Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 33 U.S.C. 2701 note.
    ---------------------------------------------------------------------------
              * * * * * * *

         TITLE III--INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL

    SEC. 3001. SENSE OF CONGRESS REGARDING PARTICIPATION IN INTERNATIONAL
                        REGIME.

        It is the sense of the Congress that it is in the best
    interests of the United States to participate in an
    international oil pollution liability and compensation regime
    that is at least as effective as Federal and State laws in
    preventing incidents and in guaranteeing full and prompt
    compensation for damages resulting from incidents.

    SEC. 3002. UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERATION.

        (a) Review.--The Secretary of State shall review relevant
    international agreements and treaties with the Government of
    Canada, including the Great Lakes Water Quality Agreement, to
    determine whether amendments or additional international
    agreements are necessary to--
              (1) prevent discharges of oil on the Great Lakes;
              (2) ensure an immediate and effective removal of oil
            on the Great Lakes; and
              (3) fully compensate those who are injured by a
            discharge of oil on the Great Lakes.
        (b) Consultation.--In carrying out this section, the
    Secretary of State shall consult with the Department of
    Transportation, the Environmental Protection Agency, the
    National Oceanic and Atmospheric Administration, the Great
    Lakes States, the International Joint Commission, and other
    appropriate agencies.
        (c) Report.--The Secretary of State shall submit a report
    to the Congress on the results of the review under this section
    within 6 months after the date of the enactment of this Act.

    SEC. 3003. UNITED STATES-CANADA LAKE CHAMPLAIN OIL SPILL COOPERATION.

        (a) Review.--The Secretary of State shall review relevant
    international agreements and treaties with the Government of
    Canada, to determine whether amendments or additional
    international agreements are necessary to--
              (1) prevent discharges of oil on Lake Champlain;
              (2) ensure an immediate and effective removal of oil
            on Lake Champlain; and
              (3) fully compensate those who are injured by a
            discharge of oil on Lake Champlain.
        (b) Consultation.--In carrying out this section, the
    Secretary of State shall consult with the Department of
    Transportation, the Environmental Protection Agency, the
    National Oceanic and Atmospheric Administration, the States of
    Vermont and New York, the International Joint Commission, and
    other appropriate agencies.
        (c) Report.--The Secretary of State shall submit a report
    to the Congress on the results of the review under this section
    within 6 months after the date of the enactment of this Act.

    SEC. 3004. INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT AND PERSONNEL.

        The President shall encourage appropriate international
    organizations to establish an international inventory of spill
    removal equipment and personnel.

    SEC. 3005. NEGOTIATIONS WITH CANADA CONCERNING TUG ESCORTS IN PUGET
                        SOUND.

        Congress urges the Secretary of State to enter into
    negotiations with the Government of Canada to ensure that
    tugboat escorts are required for all tank vessels with a
    capacity over 40,000 deadweight tons in the Strait of Juan de
    Fuca and in Haro Strait.
              * * * * * * *
                     b. Act to Prevent Pollution from Ships

      Public Law 96-478 [H.R. 6665], 94 Stat. 2297, approved October 21,
      1980; as amended by Public Law 100-220 [United States-Japan Fishery
     Agreement Approval Act of 1987; H.R. 3674], 101 Stat. 1458, approved
    December 29, 1987; Public Law 101-225 [Coast Guard Authorization Act of
     1989; H.R. 2459], 103 Stat. 1908, approved December 12, 1989; Public
      Law 101-380 [Oil Pollution Act of 1990; H.R. 1465], 104 Stat. 484,
    approved August 18, 1990; Public Law 102-241 [Coast Guard Authorization
     Act, Fiscal Year 1992; H.R. 1776], 105 Stat. 2208, approved December
     19, 1991; Public Law 103-160 [National Defense Authorization Act for
      Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30,
    1993; Public Law 104-201 [National Defense Authorization Act for Fiscal
      Year 1997; H.R. 3230], 110 Stat. 2422, approved September 23, 1996;
    Public Law 104-227 [Antarctic Science, Tourism, and Conservation Act of
    1996; H.R. 3060], 110 Stat. 3034, approved October 2, 1996; Public Law
      104-324 [Coast Guard Authorization Act of 1996; S. 1004], 110 Stat.
    3901, approved October 19, 1996; and Public Law 105-261 [Strom Thurmond
    National Defense Authorization Act of Fiscal Year 1999; H.R. 3616], 112
                     Stat. 1920, approved October 17, 1998

    AN ACT To implement the Protocol of 1978 Relating to the International
     Convention for the Prevention of Pollution from Ships, 1973, and for
                                other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Act to Prevent Pollution from
    Ships''.
        Sec. 2.\1\ (a) \2\ Unless the context indicates otherwise,
    as used in this Act--
    ---------------------------------------------------------------------------
        \1\ 33 U.S.C. 1901.
        \2\ Sec. 2101 of Public Law 100-220 (101 Stat. 1460) inserted
    ``(a)'' after ``Sec. 2.'', and amended the text of subsec. (a)(1) (as
    redesignated) that previously read as follows:
        ``(1) `MARPOL Protocol' means the Protocol of 1978 Relating to the
    International Convention for the Prevention of Pollution from Ships,
    1973, done at London on February 17, 1978. This Protocol incorporates
    and modifies the International Convention for the Prevention of
    Pollution from Ships, 1973, done at London on November 2, 1973;''.
    ---------------------------------------------------------------------------
              (1) \3\ ``Antarctica'' means the area south of 60
            degrees south latitude;
    ---------------------------------------------------------------------------
        \3\ Sec. 201(a) of Public Law 104-227 (110 Stat. 3042) redesignated
    paras. (1) through (10) as paras. (3) through (12), and added new
    paras. (1) and (2).
    ---------------------------------------------------------------------------
              (2) \3\ ``Antarctic Protocol'' means the Protocol on
            Environmental Protection to the Antarctic Treaty,
            signed October 4, 1991, in Madrid, and all annexes
            thereto, and includes any future amendments thereto
            which have entered into force;
              (3) \3\ ``MARPOL Protocol'' means the Protocol of
            1978 relating to the International Convention for the
            Prevention of Pollution from Ships, 1973, and includes
            the Convention;
              (4) \3\ ``Convention'' means the International
            Convention for the Prevention of Pollution from Ships,
            1973, including Protocols I and II and Annexes I, II,
            and V thereto, including any modification or amendments
            to the Convention, Protocols, or Annexes which have
            entered into force for the United States; \4\
    ---------------------------------------------------------------------------
        \4\ Sec. 2101(3) of Public Law 100-220 (101 Stat. 1460) inserted
    the words to this point beginning with ``Annexes I''.
    ---------------------------------------------------------------------------
              (5) \3\ ``discharge'' and ``garbage'' \5\ and
            ``harmful substance'' and ``incident'' shall have the
            meanings provided in the Convention;
    ---------------------------------------------------------------------------
        \5\ Sec. 2101(4) of Public Law 100-220 (101 Stat. 1460) inserted
    ``and `garbage' ''.
    ---------------------------------------------------------------------------
              (6) \3\ ``owner'' means any person holding title to,
            or in the absence of title, any other indicia of
            ownership of, a ship or terminal, but does not include
            a person who, without participating in the management
            or operation of a ship or terminal, holds indicia of
            ownership primarily to protect a security interest in
            the ship or terminal;
              (7) \3\ ``operator'' means--
                      (A) in the case of a ship, a charterer by
                    demise or any other person, except the owner,
                    who is responsible for the operation, manning,
                    victualing, and supplying of the vessel, or
                      (B) in the case of a terminal, any person,
                    except the owner, responsible for the operation
                    of the terminal by agreement with the owner;
              (8) \3\ ``person'' means an individual, firm, public
            or private corporation, partnership, association,
            State, municipality, commission, political subdivision
            of a State, or any interstate body;
              (9) \3\ ``Secretary'' means the Secretary of the
            department in which the Coast Guard is operating;
              (10) \3\ ``ship'' means a vessel of any type
            whatsoever, including hydrofoils, air-cushion vehicles,
            submersibles, floating craft whether self-propelled or
            not, and fixed or floating platforms; \6\
    ---------------------------------------------------------------------------
        \6\ Sec. 1003(f) of Public Law 103-160 (107 Stat. 1748) struck out
    ``and'' at the end of para. (10), originally enacted as para (8);
    redesignated the following para., now para. 12; and added a new para.
    (9), now para. (11).
    ---------------------------------------------------------------------------
              (11) \3\, \6\ ``submersible'' means a
            submarine, or any other vessel designed to operate
            under water; and
              (12) \3\, \6\ ``terminal'' means an
            onshore facility or an offshore structure located in
            the navigable waters of the United States or subject to
            the jurisdiction of the United States and used, or
            intended to be used, as a port or facility for the
            transfer or other handling of a harmful substance.
        (b) \7\ For purposes of this Act, the requirements of Annex
    V shall apply to the navigable waters of the United States, as
    well as to all other waters and vessels over which the United
    States has jurisdiction.
    ---------------------------------------------------------------------------
        \7\ Sec. 2101(5) of Public Law 100-220 (101 Stat. 1461) added
    subsec. (b).
    ---------------------------------------------------------------------------
        (c) \8\ For the purposes of this Act, the requirements of
    Annex IV to the Antarctic Protocol shall apply in Antarctica to
    all vessels over which the United States has jurisdiction.
    ---------------------------------------------------------------------------
        \8\ Sec. 201(a)(3) of Public Law 104-227 (110 Stat. 3042) added
    subsec. (c).
    ---------------------------------------------------------------------------
        Sec. 3.\9\ (a) \10\ This Act shall apply--
    ---------------------------------------------------------------------------
        \9\ 33 U.S.C. 1902.
        \10\ Secs. 2102 of Public Law 100-220 (101 Stat. 1461) amended and
    restated subsecs. (a) through (c), which previously read as follows:
        ``Sec. 3. (a) This Act applies to--
    ---------------------------------------------------------------------------

      ``(1) a ship of United States registry or nationality, or one operated
    under the authority of the United States, wherever located;

      ``(2) a ship registered in or of the nationality of a country party to
    the MARPOL Protocol, or one operated under the authority of a country party
    to the MARPOL Protocol, while in the navigable waters of the United States;
    and

      ``(3) a ship registered in or of the nationality of a country not a party
    to the MARPOL Protocol, under subsection (c) of this section, while in the
    navigable waters of the United States.
    ---------------------------------------------------------------------------

        ``(b) This Act does not apply to--
    ---------------------------------------------------------------------------

      ``(1) a warship, naval auxiliary, or other ship owned or operated by the
    United States when engaged in noncommercial service; or

      ``(2) any other ship specifically excluded by the MARPOL Protocol.
    ---------------------------------------------------------------------------

        ``(c) The Secretary shall prescribe regulations applicable to the
    ships of a country not a party to the MARPOL Protocol to ensure that
    their treatment is not more favorable than that accorded ships of
    parties to the MARPOL Protocol.''.
    ---------------------------------------------------------------------------
              (1) to a ship of United States registry or
            nationality, or one operated under the authority of the
            United States, wherever located;
              (2) with respect to Annexes I and II to the
            Convention, to a ship, other than a ship referred to in
            paragraph (1), while in the navigable waters of the
            United States;
              (3) with respect to the requirements of Annex V to
            the Convention, to a ship, other than a ship referred
            to in paragraph (1), while in the navigable waters or
            the exclusive economic zone of the United States; and
              (4) with respect to regulations prescribed under
            section 6 of this Act, any port or terminal in the
            United States
        (b) \10\ (1) Except as provided in paragraph (2), this Act
    shall not apply to--
              (A) a warship, naval auxiliary, or other ship owned
            or operated by the United States when engaged in
            noncommercial service; or
              (B) any other ship specifically excluded by the
            MARPOL Protocol or the Antarctic Protocol.\11\
    ---------------------------------------------------------------------------
        \11\ Sec. 201(b) of Public Law 104-227 (110 Stat. 3042) inserted
    ``or the Antarctic Protocol''.
    ---------------------------------------------------------------------------
        (2)(A) Notwithstanding any provision of the MARPOL
    Protocol, and subject to subparagraph (B) of this paragraph,
    the requirements of Annex V to the Convention shall apply as
    follows: \12\
    ---------------------------------------------------------------------------
        \12\ Sec. 1003(a) of Public Law 103-160 (107 Stat. 1745) struck out
    ``after 5 years after the effective date of this paragraph to a ship
    referred to in paragraph (1)(A).'' and inserted in lieu thereof ``as
    follows'' and clauses (i) through (iii).
    ---------------------------------------------------------------------------
              (i) \12\ After December 31, 1993, to all ships
            referred to in paragraph (1)(A) of this subsection
            other than those owned or operated by the Department of
            the Navy.
              (ii) \12\ Except as provided in subsection (c) of
            this section, after December 31, 1998, to all ships
            referred to paragraph (1)(A) of this subsection other
            than submersibles owned or operated by the Department
            of the Navy.
              (iii) \12\ Except as provided in subsection (c) of
            this section, after December 31, 2008, to all ships
            referred to in paragraph (1)(A) of this subsection.
        (B) This paragraph shall not apply during time of war or
    declared national emergency.
        (c) \10\, \13\ Discharges in Special Areas.--(1)
    Except as provided in paragraphs (2) and (3), not later than
    \14\ December 31, 2000, all surface ships owned or operated by
    the Department of the Navy, and not later than December 31,
    2008, all submersibles owned or operated by the Department of
    the Navy, shall comply with the special area requirements of
    Regulation 5 of Annex V to the Convention.
    ---------------------------------------------------------------------------
        \13\ Sec. 1003(b)(2) of Public Law 103-160 (107 Stat. 1746) added
    subsec. (c).
        \14\ Sec. 324(a)(1) of Public Law 104-201 (110 Stat. 2480) struck
    out ``Not later than'' and inserted in lieu thereof ``Except as
    provided in paragraphs (2) and (3), not later than''.
    ---------------------------------------------------------------------------
        (2) \15\ (A) Subject to subparagraph (B), any ship
    described in subparagraph (C) may discharge, without regard to
    the special area requirements of Regulation 5 of Annex V to the
    Convention, the following non-plastic, non-floating garbage:
    ---------------------------------------------------------------------------
        \15\ Sec. 324(a)(2) of Public Law 104-201 (110 Stat. 2480) struck
    out paras. (2), (3), and (4), and added new paras. (2) and (3).
    ---------------------------------------------------------------------------
              (i) A slurry of seawater, paper, cardboard, or food
            waste that is capable of passing through a screen with
            openings no larger than 12 millimeters in diameter.
              (ii) Metal and glass that have been shredded and
            bagged so as to ensure negative buoyancy.
              (iii) \16\ With regard to a submersible, nonplastic
            garbage that has been compacted and weighted to ensure
            negative buoyancy.
    ---------------------------------------------------------------------------
        \16\ Sec. 326(a) of Public Law 105-261 (112 Stat. 1965) added
    clause (iii) and struck out ``subparagraph (A)(ii)'' and inserted in
    lieu thereof ``clauses (ii) and (iii) of subparagraph (A)''.
    ---------------------------------------------------------------------------
        (B)(i) Garbage described in subparagraph (A)(i) may not be
    discharged within 3 nautical miles of land.
        (ii) Garbage described in clauses (ii) and (iii) of
    subparagraph (A) \16\ may not be discharged within 12 nautical
    miles of land.
        (C) This paragraph applies to any ship that is owned or
    operated by the Department of the Navy that, as determined by
    the Secretary of the Navy--
              (i) has unique military design, construction,
            manning, or operating requirements; and
              (ii) cannot fully comply with the special area
            requirements of Regulation 5 of Annex V to the
            Convention because compliance is not technologically
            feasible or would impair the operations or operational
            capability of the ship.
        (3) \15\ (A) Not later than December 31, 2000, the
    Secretary of the Navy shall prescribe and publish in the
    Federal Register standards to ensure that each ship described
    in subparagraph (B) is, to the maximum extent practicable
    without impairing the operations or operational capabilities of
    the ship, operated in a manner that is consistent with the
    special area requirements of Regulation 5 of Annex V to the
    Convention.
        (B) Subparagraph (A) applies to surface ships that are
    owned or operated by the Department of the Navy that the
    Secretary plans to decommission during the period beginning on
    January 1, 2001, and ending on December 31, 2005.
        (C) At the same time that the Secretary publishes standards
    under subparagraph (A), the Secretary shall publish in the
    Federal Register a list of the ships covered by subparagraph
    (B).
        (d) \17\ The Secretary shall prescribe regulations
    applicable to the ships of a country not a party to the MARPOL
    Protocol, including regulations conforming to and giving effect
    to the requirements of Annex V as they apply under subsection
    (a) of section 3, to ensure that their treatment is not more
    favorable than that accorded ships to parties to the MARPOL
    Protocol.
    ---------------------------------------------------------------------------
        \17\ Sec. 1003(b)(1) of Public Law 103-160 (107 Stat. 1746)
    redesignated this subsection from subsec. (c) to subsec. (d).
    ---------------------------------------------------------------------------
        (e) \18\ Compliance by Excluded Vessels.--(1) The Secretary
    of the Navy shall develop and, as appropriate, support the
    development of technologies and practices for solid waste
    management aboard ships owned or operated by the Department of
    the Navy, including technologies and practices for the
    reduction of the waste stream generated aboard such ships, that
    are necessary to ensure the compliance of such ships with Annex
    V to the Convention on or before the dates referred to in
    subsections (b)(2)(A) and (c)(1) of this section.
    ---------------------------------------------------------------------------
        \18\ Sec. 1003(c) of Public Law 103-160 (107 Stat. 1746) added
    subsec. (e).
    ---------------------------------------------------------------------------
        (2) Notwithstanding any effective date of the application
    of this section to a ship, the provisions of Annex V to the
    Convention with respect to the disposal of plastic shall apply
    to ships equipped with plastic processors required for the
    long-term collection and storage of plastic aboard ships of the
    Navy upon the installation of such processors in such ships.
        (3) Except when necessary for the purpose of securing the
    safety of the ship, the health of the ship's personnel, or
    saving life at sea, it shall be a violation of this Act for a
    ship referred to in subsection (b)(1)(A) of this section that
    is owned or operated by the Department of the Navy:
              (A) With regard to a submersible, to discharge
            buoyant garbage or \19\ plastic.
    ---------------------------------------------------------------------------
        \19\ Sec. 326(b) of Public Law 105-261 (112 Stat. 1965) struck out
    ``garbage that contains more than the minimum amount practicable of''.
    ---------------------------------------------------------------------------
              (B) With regard to a surface ship, to discharge
            plastic contaminated by food during the last 3 days
            before the ship enters port.
              (C) With regard to a surface ship, to discharge
            plastic, except plastic that is contaminated by food,
            during the last 20 days before the ship enters port.
        (4) The Secretary of Defense shall publish in the Federal
    Register:
              (A) \20\ Each year, the amount and nature of the
            discharges in special areas, not otherwise authorized
            under this Act, during the preceding year from ships
            referred to in subsection (b)(1)(A) of this section
            owned or operated by the Department of the Navy.
    ---------------------------------------------------------------------------
        \20\ Sec. 324(d) of Public Law 104-201 (110 Stat. 2481) amended and
    restated subpara. (A). It formerly read as follows:
        ``(A) Beginning on October 1, 1994, and each year thereafter until
    October 1, 2000, the amount and nature of the discharges in special
    areas, not otherwise authorized under Annex V to the Convention, during
    the preceding year from ships referred to in subsection (b)(1)(A) of
    this section owned or operated by the Department of the Navy.''.
    ---------------------------------------------------------------------------
              (B) Beginning on October 1, 1996, and each year
            thereafter until October 1, 1998, a list of the names
            of such ships equipped with plastic processors pursuant
            to section 1003(e) of the National Defense
            Authorization Act for Fiscal Year 1994.
        (f) \21\ Waiver Authority.--The President may waive the
    effective dates of the requirements set forth in subsection (c)
    of this section and in subsection 1003(e) of the National
    Defense Authorization Act for Fiscal Year 1994 if the President
    determines it to be in the paramount interest of the United
    States to do so. Any such waiver shall be for a period not in
    excess of one year. The President shall submit to the Congress
    each January a report on all waivers from the requirements of
    this section granted during the preceding calendar year,
    together with the reasons for granting such waivers.
    ---------------------------------------------------------------------------
        \21\ Sec. 1003(d) of Public Law 103-160 (107 Stat. 1747) added
    subsec. (f).
    ---------------------------------------------------------------------------
        (g) \22\ The heads of Federal departments and agencies
    shall prescribe standards applicable to ships excluded from
    this Act by subsection (b)(1) of this section and for which
    they are responsible. Standards prescribed under this
    subsection shall ensure, so far as is reasonable and
    practicable without impairing the operations or operational
    capabilities of such ships, that such ships act in a manner
    consistent with the MARPOL Protocol.
    ---------------------------------------------------------------------------
        \22\ Sec. 1003(b)(1) of Public Law 103-160 (107 Stat. 1746)
    redesignated this subsection from subsec. (d) to subsec. (g).
    ---------------------------------------------------------------------------
        Sec. 4.\23\ (a) Unless otherwise specified in this Act,\24\
    the Secretary shall administer and enforce the MARPOL Protocol,
    Annex IV to the Antarctic Protocol,\25\ and this Act. In the
    administration and enforcement of the MARPOL Protocol and this
    Act, Annexes I and II of the Convention apply \24\ only to
    seagoing ships.
    ---------------------------------------------------------------------------
        \23\ 33 U.S.C. 1903. Public Law 102-388 (106 Stat. 1542) provided
    the following: ``That notwithstanding any other provision of law, the
    Secretary of State shall communicate to the Government of Panama,
    within three months of the enactment of this section, the
    dissatisfaction of the Government of the United States concerning
    inadequate compliance by Panama with the enforcement provisions of
    Annex V of the International Convention for the Prevention of Pollution
    from ships (MARPOL 73/78), and the Secretary of State and the Secretary
    of Transportation, in consultation with the Commandant of the Coast
    Guard, shall further provide no later than March 15, 1993, a written
    report to the Congress describing and assessing (1) the actions taken
    by the Government of Panama since August 1, 1992, to investigate and,
    where appropriate, penalize Panamanian flag ships which have been
    reported by other nations to have violated the provisions of Annex V of
    MARPOL 73/78, (2) any efforts taken by the Government of Panama to
    ensure improved compliance with the provisions of Annex V of MARPOL 73/
    78 on the part of Panamanian flag ships, and (3) the actions by the
    Government of the United States in the implementation of its new
    enforcement policy for Annex V of MARPOL 73/78, including penalty
    actions taken against foreign flag vessels by the coast Guard for
    violations by those vessels occurring within the exclusive economic
    zone of the United States.''.
        \24\ Sec. 2107(a) of Public Law 100-220 (101 Stat. 1464) struck out
    ``herein'' and inserted in lieu thereof ``in this Act'', and struck out
    ``MARPOL Protocol shall be applicable'' and inserted in lieu thereof
    ``Convention apply''.
        \25\ Sec. 201(c) of Public Law 104-227 (110 Stat. 3042) inserted
    ``, Annex IV to the Antarctic Protocol,''.
    ---------------------------------------------------------------------------
        (b)(1) \26\ The Secretary shall prescribe any necessary or
    desired regulations to carry out the provisions of the MARPOL
    Protocol, Annex IV to the Antarctic Protocol,\25\ or this Act.
    ---------------------------------------------------------------------------
        \26\ Sec. 2107 of Public Law 100-220 (101 Stat. 1464) inserted
    ``(1)'' after ``(b)'', and added a new subpara. (2).
    ---------------------------------------------------------------------------
        (2) \26\ The Secretary of the department in which the Coast
    Guard is operating shall--
              (A) \27\ prescribe regulations which--
    ---------------------------------------------------------------------------
        \27\ Sec. 201(c)(3) of Public Law 104-227 (110 Stat. 3042) struck
    out ``within 1 year after the effective date of this paragraph,'' at
    the beginning of subpara. (A).
    ---------------------------------------------------------------------------
                      (i) require certain ships described in
                    section 3(a)(1) to maintain refuse record books
                    and shipboard management plans, and to display
                    placards which notify the crew and passengers
                    of the requirements of Annex V to the
                    Convention and of Annex IV to the Antarctic
                    Protocol; \25\ and
                      (ii) specify the ships described in section
                    3(a)(1) to which the regulations apply;
              (B) seek an international agreement or international
            agreements which apply requirements equivalent to those
            described in subparagraph (A)(i) to all vessel subject
            to Annex V to the Convention; and
              (C) within 2 years after the effective date of this
            paragraph, report to the Congress--
                      (i) regarding activities of the Secretary
                    under subparagraph (B); and
                      (ii) if the Secretary has not obtained
                    agreements pursuant to subparagraph (B)
                    regarding the desirability of applying the
                    requirements described in subparagraph (A)(i)
                    to all vessels described in section 3(a) which
                    call at United States ports.
        (c) The Secretary may utilize by agreement, with or without
    reimbursement, personnel, facilities, or equipment of other
    Federal departments and agencies in administering the MARPOL
    Protocol, this Act, or the regulations thereunder.
        Sec. 5.\28\ (a) The Secretary shall designate those persons
    authorized to issue on behalf of the United States the
    certificates required by the MARPOL Protocol. A certificate
    required by the MARPOL Protocol shall not be issued to a ship
    which is registered in or of the nationality of a country which
    is not a party to the MARPOL Protocol.
    ---------------------------------------------------------------------------
        \28\ 33 U.S.C. 1904.
    ---------------------------------------------------------------------------
        (b) A certificate issued by a country which is a party to
    the MARPOL Protocol has the same validity as a certificate
    issued by the Secretary under the authority of the MARPOL
    Protocol.
        (c) A ship required by the MARPOL Protocol to have a
    certificate--
              (1) shall carry a valid certificate onboard in the
            manner prescribed by the authority issuing the
            certificate; and
              (2) is subject to inspection while in a port or
            terminal under the jurisdiction of the United States.
        (d) An inspection conducted under subsection (c)(2) of this
    section is limited to verifying whether or not a valid
    certificate is onboard, unless clear grounds exist which
    reasonably indicate that the condition of the ship or its
    equipment does not substantially agree with the particulars of
    its certificate. This section shall not limit the authority of
    any official or employee of the United States under any other
    treaty, law, or regulation to board and inspect a ship or its
    equipment.
        (e) In addition to the penalties prescribed in section 9 of
    the Act, a ship required by the MARPOL Protocol to have a
    certificate--
              (1) which does not have a valid certificate onboard;
            or
              (2) whose condition or whose equipment's condition
            does not substantially agree with the particulars of
            the certificate onboard;
    shall be detained by order of the Secretary at the port or
    terminal where the violation is discovered until, in the
    opinion of the Secretary, the ship can proceed to sea without
    presenting an unreasonable threat of harm to the marine
    environment. The detention order may authorize the ship to
    proceed to the nearest appropriate available shipyard rather
    than remaining at the place where the violation was discovered.
        (f) If a ship is under a detention order under this
    section, the Secretary of the Treasury, upon the request of the
    Secretary, may refuse or revoke--
              (1) the clearance required by section 4197 of the
            Revised Statutes of the United States, as amended (46
            U.S.C. 91); or
              (2) a permit to proceed under section 4367 of the
            Revised Statutes of the United States (46 U.S.C. 313)
            or section 442 of the Tariff Act of 1930, as amended
            (19 U.S.C. 1443).
        (g) A person whose ship is subject to a detention order
    under this section may petition the Secretary, in the manner
    prescribed by regulation, to review the detention order. Upon
    receipt of a petition under this subsection, the Secretary
    shall affirm, modify, or withdraw the detention order within
    the time prescribed by regulation.
        (h) A ship unreasonably detained or delayed by the
    Secretary acting under the authority of this Act is entitled to
    compensation for any loss or damage suffered thereby.
        Sec. 6.\29\ (a)(1) \30\ The Secretary, after consultation
    with the Administrator of the Environmental Protection Agency,
    shall establish regulations setting criteria for determining
    the adequacy of a port's or terminal's reception facilities for
    mixtures containing oil or noxious liquid substances \30\ and
    shall establish procedures whereby a person in charge of a port
    or terminal may request the Secretary to certify that the
    port's or terminal's facilities for receiving the residues and
    mixtures containing oil or noxious liquid substance from
    seagoing ships are adequate.
    ---------------------------------------------------------------------------
        \29\ 33 U.S.C. 1905
        \30\ Sec. 2103 of Public Law 100-220 (101 Stat. 1461) inserted
    ``(1)'' after ``(a)'' and struck out ``reception facilities of a port
    or terminal'' and inserted in lieu thereof ``a port's or terminal's
    reception facilities for mixtures containing oil or noxious liquid
    substances''.
    ---------------------------------------------------------------------------
        (2) \31\ The Secretary, after consulting with appropriate
    Federal agencies, shall establish regulations setting criteria
    for determining the adequacy of reception facilities for
    garbage at a port or terminal, and stating such additional
    measures and requirements as are appropriate to ensure such
    adequacy. Persons in charge of ports and terminals shall
    provide reception facilities, or ensure that such facilities
    are available, for receiving garbage in accordance with those
    regulations.
    ---------------------------------------------------------------------------
        \31\ Sec. 2103(a) of Public Law 100-220 (101 Stat. 1461) added
    para. 2.
    ---------------------------------------------------------------------------
        (b) In determining the adequacy of reception facilities
    required by the MARPOL Protocol or the Antarctic Protocol \32\
    at a port or terminal, and in establishing regulations under
    subsection (a) of this section,\33\ the Secretary may consider,
    among other things, the number and types of ships or \33\
    seagoing ships using the port or terminal, including their
    principal trades.
    ---------------------------------------------------------------------------
        \32\ Sec. 201(d)(1) of Public Law 104-227 (110 Stat. 3043) inserted
    ``or the Antarctic Protocol''.
        \33\ Sec. 2103(b) of Public Law 100-220 (101 Stat. 1462) inserted
    ``and in establishing regulations under subsection (a) of this
    section,'' and inserted ``ships or''.
    ---------------------------------------------------------------------------
        (c)(1) \34\ If reception facilities of a port or terminal
    meet the requirements of Annex I and Annex II \35\ to the
    Convention and the regulations prescribed under subsection
    (a)(1), the Secretary shall, after consultation with the
    Administrator of the Environmental Protection Agency, issue a
    certificate to that effect to the applicant.
    ---------------------------------------------------------------------------
        \34\ Sec. 2103(c) of Public Law 100-220 (101 Stat. 1462) amended
    and restated subsec. (c), which previously read as follows:
        ``(c) If, upon inspection, reception facilities of a port or
    terminal are adequate to meet the requirements of the MARPOL Protocol
    and the regulations established hereunder, the Secretary shall, after
    consultation with the Administrator of the Environmental Protection
    Agency, issue a certificate to that effect to the applicant. A
    certificate issued under this subsection--
    ---------------------------------------------------------------------------

      ``(1) is valid until suspended or revoked by the Secretary for cause or
    because of changed conditions; and

      ``(2) shall be available for inspection upon the request of the master,
    other person in charge, or agent of a seagoing ship using or intending to
    use the port or terminal.

    ``The suspension or revocation of a certificate issued under this
    subsection may be appealed to the Secretary and acted on by him in the
    manner prescribed by regulation.''.
    ---------------------------------------------------------------------------

        \35\ Sec. 201(1) of Public Law 101-224 (103 Stat. 1910) struck out
    ``Annex V'' and inserted in lieu thereof ``Annex I and Annex II''.
    ---------------------------------------------------------------------------
        (2) \36\ (A) Subject to subparagraph (B), if reception
    facilities of a port or terminal meet the requirements of Annex
    V to the Convention and the regulations prescribed under
    subsection (a)(2), the Secretary may, after consultation with
    appropriate Federal agencies, issue a certificate to that
    effect to the person in charge of the port or terminal.
    ---------------------------------------------------------------------------
        \36\ Sec. 801(a) of Public Law 104-324 (110 Stat. 3943) struck out
    ``(2) If''; inserted in lieu thereof ``(2)(A) Subject to subparagraph
    (B), if''; and added subparas. (B) and (C).
    ---------------------------------------------------------------------------
        (B) \36\ The Secretary may not issue a certificate
    attesting to the adequacy of reception facilities under this
    paragraph unless, prior to the issuance of the certificate, the
    Secretary conducts an inspection of the reception facilities of
    the port or terminal that is the subject of the certificate.
        (C) \36\ The Secretary may, with respect to certificates
    issued under this paragraph prior to the date of enactment of
    the Coast Guard Authorization Act of 1996, prescribe by
    regulation differing periods of validity for such certificates.
        (3) A certificate issued under this subsection--
              (A) \37\ is valid for the 5-year period beginning on
            the date of issuance of the certificate, except that
            if--
    ---------------------------------------------------------------------------
        \37\ Sec. 801(a)(3) of Public Law 104-324 (110 Stat. 3944) amended
    and restated subpara. (A).
    ---------------------------------------------------------------------------
                      (i) the charge for operation of the port or
                    terminal is transferred to a person or entity
                    other than the person or entity that is the
                    operator on the date of issuance of the
                    certificate--
                              (I) the certificate shall expire on
                            the date that is 30 days after the date
                            of the transfer; and
                              (II) the new operator shall be
                            required to submit an application for a
                            certificate before a certificate may be
                            issued for the port or terminal; or
                      (ii) the certificate is suspended or revoked
                    by the Secretary, the certificate shall cease
                    to be valid; and
              (B) shall be available for inspection upon the
            request of the master, other person in charge, or agent
            of a ship using or intending to use the port or
            terminal.
        (4) The suspension or revocation of a certificate issued
    under this subsection may be appealed to the Secretary and
    acted on by the Secretary in the manner prescribed by
    regulation.
        (d) \38\ (1) The Secretary shall maintain a list of ports
    or terminals with respect to which a certificate issued under
    this section--
    ---------------------------------------------------------------------------
        \38\ Sec. 801(a)(4) of Public Law 104-324 (110 Stat. 3944) amended
    and restated subsec. (d).
    ---------------------------------------------------------------------------
              (A) is in effect; or
              (B) has been revoked or suspended.
        (2) The Secretary shall make the list referred to in
    paragraph (1) available to the general public.
        (e)(1) \39\ Except in the case of force majeure, the
    Secretary shall deny entry to a seagoing ship required by the
    Convention or the Antarctic Protocol \40\ to retain onboard
    while at sea, residues and mixtures containing oil or noxious
    liquid substances, if--
    ---------------------------------------------------------------------------
        \39\ Sec. 2103(d) of Public Law 100-220 (101 Stat. 1462) inserted
    ``(1)'' after ``(e)''; redesignated paras. (1) and (2) as subparas. (A)
    and (B); struck out ``the MARPOL Protocol'' and inserted in lieu
    thereof ``Annexes I and II of the Convention''; and added a new
    subpara. (2).
        \40\ Sec. 201(d)(2) of Public Law 104-227 (110 Stat. 3043) inserted
    ``or the Antarctic Protocol''.
    ---------------------------------------------------------------------------
              (A) \39\ the port or terminal is one required by
            Annexes I and II of the Convention \39\ or Article 9 of
            Annex IV to the Antarctic Protocol \41\ or regulations
            hereunder to have adequate reception facilities; and
    ---------------------------------------------------------------------------
        \41\ Sec. 201(d)(3) of Public Law 104-227 (110 Stat. 3043) inserted
    ``or Article 9 of Annex IV to the Antarctic Protocol''.
    ---------------------------------------------------------------------------
              (B) \39\ the port or terminal does not hold a valid
            certificate issued by the Secretary under this section.
        (2) \39\ The Secretary may deny the entry of a ship to a
    port or terminal required by regulations issued under this
    section to provide adequate reception facilities for garbage if
    the port or terminal is not in compliance with those
    regulations.
        (f)(1) \42\ The Secretary is authorized to conduct surveys
    of existing reception facilities in the United States to
    determine measures needed to comply with MARPOL Protocol or the
    Antarctic Protocol.\43\
    ---------------------------------------------------------------------------
        \42\ Sec. 801(b) of Public Law 104-324 (110 Stat. 3944) added para.
    designation ``(1)'' and added a new para. (2), with subpara.
    designation ``(A)'', though there is no subpara. (B).
        \43\ Sec. 201(d)(4) of Public Law 104-227 (110 Stat. 3043) inserted
    ``or the Antarctic Protocol''.
    ---------------------------------------------------------------------------
        (2) \42\ (A) Not later than 18 months after the date of
    enactment of the Coast Guard Authorization Act of 1996, the
    Secretary shall promulgate regulations that require the
    operator of each port or terminal that is subject to any
    requirement of the MARPOL Protocol relating to reception
    facilities to post a placard in a location that can easily be
    seen by port and terminal users. The placard shall state, at a
    minimum, that a user of a reception facilities of the port or
    terminal should report to the Secretary any inadequacy of the
    reception facility.
        Sec. 7.\44\ (a) The master, person in charge, owner,
    charterer, manager, or operator of a ship involved in an
    incident shall report the incident in the manner prescribed by
    Article 8 of the Convention in accordance with regulations
    promulgated by the Secretary for that purpose.
    ---------------------------------------------------------------------------
        \44\ 33 U.S.C. 1906. Sec. 39 of Public Law 102-241 (105 Stat. 2225)
    amended and restated sec. 7.
    ---------------------------------------------------------------------------
        (b) The master or person in charge of--
              (1) a ship of United States registry or nationality,
            or operated under the authority of the United States,
            wherever located;
              (2) another ship while in the navigable waters of the
            United States; or
              (3) a sea port or oil handling facility subject to
            the jurisdiction of the United States, shall report a
            discharge, probable discharge, or presence of oil in
            the manner prescribed by Article 4 of the International
            Convention on Oil Pollution Preparedness, Response and
            Cooperation, 1990 (adopted at London, November 30,
            1990), in accordance with regulations promulgated by
            the Secretary for that purpose.
        Sec. 8.\45\ (a) It is unlawful to act in violation of the
    MARPOL Protocol, Annex IV to the Antarctic Protocol,\46\ this
    Act, or the regulations issued thereunder. The Secretary shall
    cooperate with other parties to the MARPOL Protocol or to the
    Antarctic Protocol \47\ in the detection of violations and in
    enforcement of the MARPOL Protocol and Annex IV to the
    Antarctic Protocol.\48\ The Secretary shall use all appropriate
    and practical measures of detection and environmental
    monitoring, and shall establish adequate procedures for
    reporting violations and accumulating evidence.
    ---------------------------------------------------------------------------
        \45\ 33 U.S.C. 1907.
        \46\ Sec. 201(e)(1) of Public Law 104-227 (110 Stat. 3043) inserted
    ``Annex IV to the Antarctic Protocol,''.
        \47\ Sec. 201(e)(2)(A) of Public Law 104-227 (110 Stat. 3043)
    inserted ``or to the Antarctic Protocol''.
        \48\ Sec. 201(e)(2)(B) of Public Law 104-227 (110 Stat. 3043)
    inserted ``and Annex IV to the Antarctic Protocol''.
    ---------------------------------------------------------------------------
        (b) Upon receipt of evidence that a violation has occurred,
    the Secretary shall cause the matter to be investigated. In any
    investigation under this section the Secretary may issue
    subpenas to require the attendance of any witness and the
    production of documents and other evidence. In case of refusal
    to obey a subpena issued to any person, the Secretary may
    request the Attorney General to invoke the aid of the
    appropriate district court of the United States to compel
    compliance. Upon completion of the investigation, the Secretary
    shall take the action required by the MARPOL Protocol or the
    Antarctic Protocol \49\ and whatever further action he
    considers appropriate under the circumstances. If the initial
    evidence was provided by a party to the MARPOL Protocol or the
    Antarctic Protocol,\49\ the Secretary, acting through the
    Secretary of State, shall inform that party of the action taken
    or proposed.
    ---------------------------------------------------------------------------
        \49\ Sec. 201(e)(3) of Public Law 104-227 (110 Stat. 3043) inserted
    ``or the Antarctic Protocol''.
    ---------------------------------------------------------------------------
        (c)(1) \50\ This subsection applies to inspection relating
    to possible violations of Annex I or Annex II to the
    Convention, of Article 3 or Article 4 of Annex IV to the
    Antarctic Protocol,\51\ or of this Act \52\ by any seagoing
    ship referred to in section 3(a)(2) of this Act.
    ---------------------------------------------------------------------------
        \50\ Sec. 2104(a) of Public Law 100-220 (101 Stat. 1462) amended
    subsec. (c) by adding a new para. (1); redesignating the former first
    paragraph of subsec. (c) as para. (2), and redesignating the former
    paras. (1) and (2) as (A) and (B), respectively.
        \51\ Sec. 201(e)(4) of Public Law 104-227 (110 Stat. 3043) inserted
    ``, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol,''.
        \52\ Sec. 201(2) of Public Law 101-225 (103 Stat. 1910) inserted
    ``or of this Act''.
    ---------------------------------------------------------------------------
        (2) \50\ While at a port or terminal subject to the
    jurisdiction of the United States, a ship to which the MARPOL
    Protocol or the Antarctic Protocol \53\ applies may be
    inspected by the Secretary--
    ---------------------------------------------------------------------------
        \53\ Sec. 201(e)(5) of Public Law 104-227 (110 Stat. 3043) inserted
    ``or the Antarctic Protocol'' after ``which the MARPOL Protocol''.
    ---------------------------------------------------------------------------
              (A) \50\ to verify whether or not the ship has
            discharged a harmful substance in violation of the
            MARPOL Protocol, Annex IV to the Antarctic
            Protocol,\54\ or this Act; or
    ---------------------------------------------------------------------------
        \54\ Sec. 201(e)(6) of Public Law 104-227 (110 Stat. 3043) inserted
    ``, Annex IV to the Antarctic Protocol,''.
    ---------------------------------------------------------------------------
              (B) \50\ to comply with a request from a party to the
            MARPOL Protocol or the Antarctic Protocol \55\ for an
            investigation as to whether the ship may have
            discharged a harmful substance anywhere in violation of
            the MARPOL Protocol or Annex IV to the Antarctic
            Protocol.\56\ An investigation may be undertaken under
            this clause only when the requesting party has
            furnished sufficient evidence to allow the Secretary
            reasonably to believe that a discharge has occurred.
    ---------------------------------------------------------------------------
        \55\ Sec. 201(e)(7)(A) of Public Law 104-227 (110 Stat. 3043)
    inserted ``or the Antarctic Protocol''.
        \56\ Sec. 201(e)(7)(B) of Public Law 104-227 (110 Stat. 3043)
    inserted ``or Annex IV to the Antarctic Protocol''.
    ---------------------------------------------------------------------------
    If an inspection under this subsection indicates that a
    violation has occurred, the investigating officer shall forward
    a report to the Secretary for appropriate action. The \57\
    Secretary shall undertake to notify the master of the ship
    concerned and, acting in coordination with the Secretary of
    State, shall take any additional action required by Article 6
    of the Convention.
    ---------------------------------------------------------------------------
        \57\ Sec. 2104(a) of Public Law 100-220 (101 Stat. 1462) struck out
    ``If a report made under this subsection involves a ship, other than
    one of United States registry or nationality or one operated under the
    authority of the United States, the'' and inserted in lieu thereof
    ``The''.
    ---------------------------------------------------------------------------
        (d)(1) \58\ The Secretary may inspect a ship referred to in
    section 3(a)(3) of this Act to verify whether the ship has
    disposed of garbage in violation of Annex V to the Convention,
    Article 5 of Annex IV to the Antarctic Protocol,\59\ or this
    Act.
    ---------------------------------------------------------------------------
        \58\ Sec. 2104(b) of Public Law 100-220 (101 Stat. 1463)
    redesignated former subsec. ``(d)'' as subsec. ``(f)'' and added new
    subsecs. ``(d)'' and ``(e)''.
        \59\ Sec. 201(e)(8) of Public Law 104-227 (110 Stat. 3043) inserted
    ``, Article 5 of Annex IV to the Antarctic Protocol,''.
    ---------------------------------------------------------------------------
        (2) If an inspection under this subsection indicates that a
    violation has occurred, the Secretary may undertake enforcement
    action under section 9 of this Act.
        (e)(1) \58\ The Secretary may inspect at any time a ship of
    United States registry or nationality or operating under the
    authority of the United States to which the MARPOL Protocol or
    the Antarctic Protocol \60\ applies to verify whether the ship
    has discharged a harmful substance or disposed of garbage in
    violation of those Protocols \61\ or this Act.
    ---------------------------------------------------------------------------
        \60\ Sec. 201(e)(9)(A) of Public Law 104-227 (110 Stat. 3043)
    inserted ``or the Antarctic Protocol''.
        \61\ Sec. 201(e)(9)(B) of Public Law 104-227 (110 Stat. 3043)
    struck out ``that Protocol'' and inserted in lieu thereof ``those
    Protocols''.
    ---------------------------------------------------------------------------
        (2) If an inspection under this subsection indicates that a
    violation of the MARPOL Protocol, of Annex IV to the Antarctic
    Protocol,\62\ or of this Act \63\ has occurred, the Secretary
    may undertake enforcement action under section 9 of this Act.
    ---------------------------------------------------------------------------
        \62\ Sec. 201(e)(10) of Public Law 104-227 (110 Stat. 3043)
    inserted ``, of Annex IV to the Antarctic Protocol,''.
        \63\ Sec. 201(3) of Public Law 101-225 (103 Stat. 1910) inserted
    ``or of this Act''.
    ---------------------------------------------------------------------------
        (f) \58\ Remedies and requirements of this Act supplement
    and neither amend nor repeal any other provisions of law,
    except as expressly provided in this Act. Nothing in this Act
    shall limit, deny, amend, modify, or repeal any other remedy
    available to the United States or any other person, except as
    expressly provided in this Act.
        Sec. 9.\64\ (a) A person who knowingly violates the MARPOL
    Protocol,, Annex IV to the Antarctic Protocol,\65\ this Act, or
    the regulations issued thereunder commits a class D felony.\66\
    In the discretion of the Court, an amount equal to not more
    than \1/2\ of such fine may be paid to the person giving
    information leading to conviction.\67\
    ---------------------------------------------------------------------------
        \64\ 33 U.S.C. 1908.
        \65\ Sec. 201(f) of Public Law 104-227 (110 Stat. 3043) inserted
    ``, Annex IV to the Antarctic Protocol,'' (resulting in a double
    comma).
        \66\ Sec. 4302(n) of the Oil Pollution Act of 1990 (Public Law 101-
    380; 104 Stat. 539) struck out ``shall, for each violation, be fined
    not more than $50,000 or be imprisoned for not more than 5 years, or
    both.'' and inserted in lieu thereof ``commits a class D felony.''.
        \67\ Sec. 2105(a)(1) of Public Law 100-220 (101 Stat. 1463) added
    this sentence.
    ---------------------------------------------------------------------------
        (b) A person who is found by the Secretary, after notice
    and an opportunity for a hearing, to have--
              (1) violated the MARPOL Protocol,, Annex IV to the
            Antarctic Protocol,\65\ this Act, or the regulations
            issued thereunder shall be liable to the United States
            for a civil penalty, not to exceed $25,000 for each
            violation; or
              (2) make a false, fictitious, or fraudulent statement
            or representation in any matter in which a statement or
            representation is required to be made to the Secretary
            under the MARPOL Protocol,, Annex IV to the Antarctic
            Protocol,\65\ this Act, or the regulations thereunder,
            shall be liable to the United States for a civil
            penalty, not to exceed $5,000 for each statement or
            representation.
    Each day of a continuing violation shall constitute a separate
    violation. The amount of the civil penalty shall be assessed by
    the Secretary, or his designee, by written notice. In
    determining the amount of the penalty, the Secretary shall take
    into account the nature, circumstances, extent, and gravity of
    the prohibited acts committed and, with respect to the
    violator, the degree of culpability, any history of prior
    offenses, ability to pay, and other matters as justice may
    require. An amount equal to not more than \1/2\ of such
    penalties may be paid by the Secretary to the person giving
    information leading to the assessment of such penalties.\68\
    ---------------------------------------------------------------------------
        \68\ Sec. 2105(a)(2) of Public Law 100-220 (101 Stat. 1463) added
    this sentence.
    ---------------------------------------------------------------------------
        (c) The Secretary may compromise, modify, or remit, with or
    without conditions, any civil penalty which is subject to
    assessment or which has been assessed under this section. If
    any person fails to pay an assessment of a civil penalty after
    it has become final, the Secretary may refer the matter to the
    Attorney General of the United States for collection in any
    appropriate district court of the United States.
        (d) A ship operated in violation of the MARPOL Protocol,,
    Annex IV to the Antarctic Protocol,\65\ this Act, or the
    regulations thereunder is liable in rem for any fine imposed
    under subsection (a) or civil penalty assessed pursuant to
    subsection (b), and may be proceeded against in the United
    States district court of any district in which the ship may be
    found.
        (e) If any ship subject to the MARPOL Protocol, Annex IV to
    the Antarctic Protocol,\69\ or this Act, its owner, operator,
    or person in charge is liable for a fine or civil penalty under
    this section, or if reasonable cause exists to believe that the
    ship, its owner, operator, or person in charge may be subject
    to a fine or civil penalty under this section, the Secretary of
    the Treasury, upon the request of the Secretary, shall refuse
    or revoke--
    ---------------------------------------------------------------------------
        \69\ Sec. 201(f)(5) of Public Law 104-227 (110 Stat. 3043) inserted
    ``, Annex IV to the Antarctic Protocol,'' after ``MARPOL Protocol''.
    ---------------------------------------------------------------------------
              (1) the clearance required by section 4197 of the
            Revised Statutes of the United States as amended (46
            U.S.C. 91); or
              (2) a permit to proceed under section 4367 of the
            Revised Statutes of the United States (46 U.S.C. 313)
            or section 443 of the Tariff Act 1930, as amended (19
            U.S.C. 1443).
    Clearance or a permit to proceed may be granted upon the filing
    of a bond or other surety satisfactory to the Secretary.
        (f) Notwithstanding subsection (a), (b), or (d) of this
    section, if the violation is by a ship registered in or of the
    nationality of a country party to the MARPOL Protocol or the
    Antarctic Protocol,\70\ or one operated under the authority of
    a country party to the MARPOL Protocol or the Antarctic
    Protocol,\70\ the Secretary, acting in coordination with the
    Secretary of State, may refer the matter to the government of
    the country of the ships of the ship's registry or nationality,
    or under whose authority the ship is operating \71\ for
    appropriate action, rather than taking the actions required or
    authorized by this section.
    ---------------------------------------------------------------------------
        \70\ Sec. 201(f)(6) of Public Law 104-227 (110 Stat. 3043) inserted
    ``or the Antarctic Protocol''.
        \71\ Sec. 2105(b) of Public Law 100-220 (101 Stat. 1463) struck out
    ``to that country'' and inserted in lieu thereof ``to the government of
    the country of the ships of the ship's registry or nationality, or
    under whose authority the ship is operating''.
    ---------------------------------------------------------------------------
        Sec. 10.\72\ (a) A proposed amendment to the MARPOL
    Protocol received by the United States from the Secretary-
    General of the International Maritime Organization \73\
    pursuant to Article VI of the MARPOL Protocol, may be accepted
    on behalf of the United States by the President following the
    advice and consent of the Senate, except as provided for in
    subsection (b) of this section.
    ---------------------------------------------------------------------------
        \72\ 33 U.S.C. 1909.
        \73\ Sec. 2106 of Public Law 100-220 (101 Stat. 1463) struck out
    ``Inter-Governmental Maritime Consultative Organization'' and inserted
    in lieu thereof ``International Maritime Organization''.
    ---------------------------------------------------------------------------
        (b) A proposed amendment to Annex I, II, or V to the
    Convention, appendices to those Annexes, or Protocol I of the
    Convention,\74\ received by the United States from the
    Secretary-General of the International Maritime Organization
    \73\ pursuant to Article VI of the MARPOL Protocol, may be the
    subject of appropriate action on behalf of the United States by
    the Secretary of State following consultation with the
    Secretary, who shall inform the Secretary of State as to what
    action he considers appropriate at least 30 days prior to the
    expiration of the period specified in Article VI of the MARPOL
    Protocol during which objection may be made to any amendment
    received.
    ---------------------------------------------------------------------------
        \74\ Sec. 2106(2) of Public Law 100-220 (101 Stat. 1463) struck out
    ``Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL
    Protocol,'' and inserted in lieu thereof ``Annex I, II, or V to the
    Convention, appendices to those Annexes, or Protocol I of the
    Convention,''.
    ---------------------------------------------------------------------------
        (c) Following consultation with the Secretary, the
    Secretary of State may make a declaration that the United
    States does not accept an amendment proposed pursuant to
    Article VI of the MARPOL Protocol.
        Sec. 11.\75\ (a) Except as provided in subsection (b) of
    this section, any person having an interest which is, or can
    be, adversely affected, may bring an action on his own behalf--
    ---------------------------------------------------------------------------
        \75\ 33 U.S.C. 1910.
    ---------------------------------------------------------------------------
              (1) against any person alleged to be in violation of
            the provisions of this Act, or regulations issued
            hereunder;
              (2) against the Secretary where there is alleged a
            failure of the Secretary to perform any act or duty
            under this Act which is not discretionary with the
            Secretary;
              (3) against the Secretary of the Treasury where there
            is alleged a failure of the Secretary of the Treasury
            to take action under section 9(e) of this Act.
        (b) No action may be commenced under subsection (a) of this
    section--
              (1) prior to 60 days after the plaintiff has given
            notice, in writing and under oath, to the alleged
            violator, the Secretary concerned, and the Attorney
            General; or
              (2) if the Secretary has commenced enforcement or
            penalty action with respect to the alleged violation
            and is conducting such procedures diligently.
        (c) Any suit brought under this section shall be brought--
              (1) in a case concerning an onshore facility or port,
            in the United States district court for the judicial
            district where the onshore facility or port is located;
              (2) in a case concerning an offshore facility or
            offshore structure under the jurisdiction of the United
            States, in the United States district court for the
            judicial district nearest the offshore facility or
            offshore structure;
              (3) in a case concerning a ship, in the United States
            district court for any judicial district wherein the
            ship or its owner or operator may be found; or
              (4) in any case, in the District Court for the
            District of Columbia.
        (d) The court, in issuing any final order in any action
    brought pursuant to this section, may award costs of litigation
    (including reasonable attorney and expert witness fees) to any
    party including the Federal Government.
        (e) In any action brought under this section, if the
    Secretary or Attorney General are not parties of record, the
    United States, through the Attorney General, shall have the
    right to intervene.
        Sec. 12. On the effective date of this Act--
              (a) the Oil Pollution Act, 1961, as amended (75 Stat.
            402; 33 U.S.C. 1001 et seq.) is repealed. Any criminal
            or civil penalty proceeding under that Act for a
            violation which occurred prior to the effective date of
            this Act may be initiated or continued to conclusion as
            though that Act had not been repealed; and
              (b) the Oil Pollution Act Amendments of 1973 (87
            Stat. 428, Public Law 93-119) are repealed.
        Sec. 13.\76\ * * *
    ---------------------------------------------------------------------------
        \76\ Sec. 13 amended sec. 4417a of the Revised Statutes of the
    United States (46 U.S.C. 391a), and sec. 311(b)(3) of the Federal Water
    Pollution Control Act.
    ---------------------------------------------------------------------------
        Sec. 14.\77\ (a) Except as provided in subsection (b) of
    this section, this Act is effective upon the date of enactment,
    or on the date the MARPOL Protocol becomes effective as to the
    United States, whichever is later.\78\
    ---------------------------------------------------------------------------
        \77\ 33 U.S.C. 1901 note.
        \78\ This Act became effective, except as provided in Sec. 14(b),
    on October 2, 1983, at which time the MARPOL Protocol became effective
    as to the United States.
    ---------------------------------------------------------------------------
        (b) The Secretary and the heads of Federal departments
    shall have the authority to issue regulations, standards, and
    certifications under sections 3(c), 3(d), 4(b), 5(a), 6(a),
    6(c), and 6(f) effective on the date of enactment of this Act.
    Section 13(a)(2) is effective upon the date of enactment of
    this Act.
        (c) Any rights or liabilities existing on the effective
    date of this Act shall not be affected by this enactment. Any
    regulations or procedures promulgated or effected pursuant to
    the Oil Pollution Act, 1961, as amended, remain in effect until
    modified or superseded by regulations promulgated under the
    authority of the MARPOL Protocol or this Act.
        Sec. 15.\79\ Nothing in this Act shall be construed as
    limiting, diminishing, or otherwise restricting any of the
    authority of the Secretary under the Port and Tanker Safety Act
    of 1978 (Public Law 95-474).
    ---------------------------------------------------------------------------
        \79\ 33 U.S.C. 1911.
    ---------------------------------------------------------------------------
        Sec. 16.\80\ * * *
    ---------------------------------------------------------------------------
        \80\ Sec. 16 amended sec. 4 of the Act of 1950 (16 U.S.C. 742c(c)).
    ---------------------------------------------------------------------------
        Sec. 17.\81\ Any action taken under this Act shall be taken
    in accordance with international law.
    ---------------------------------------------------------------------------
        \81\ 33 U.S.C. 1912. Sec. 2108 of Public Law 100-220 (101 Stat.
    1464) added sec. 17.
                         c. Deepwater Port Act of 1974

    Partial text of Public Law 93-627 [H.R. 10701], 88 Stat. 2126, approved
     January 3, 1975; as amended by Public Law 98-419 [Deepwater Port Act
      Amendments of 1984; S. 1546], 98 Stat. 1607, approved September 25,
    1984; Public Law 104-66 [Federal Reports Elimination and Sunset Act of
     1995; S. 790], 109 Stat. 707, approved December 21, 1995; Public Law
     104-324 [Deepwater Port Modernization Act; S. 1004], 110 Stat. 3901,
    approved October 19, 1996; Public Law 107-295 [Maritime Transportation
     Security Act of 2002; S. 1214], 116 Stat. 2064, approved November 25,
     2002; and Public Law 109-58 [Energy Policy Act of 2005; H.R. 6], 119
                       Stat. 544, approved August 8, 2005

    AN ACT To regulate commerce, promote efficiency in transportation, and
     protect the environment, by establishing procedures for the location,
      construction, and operation of deepwater ports off the coast of the
                     United States, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Deepwater Port Act of 1974''.

                             declaration of policy

        Sec. 2.\1\ (a) It is declared to be the purposes of the
    Congress in this Act to--
    ---------------------------------------------------------------------------
        \1\ 33 U.S.C. 1501.
    ---------------------------------------------------------------------------
              (1) authorize and regulate the location, ownership,
            construction, and operation of deepwater ports in
            waters beyond the territorial limits of the United
            States;
              (2) provide for the protection of the marine and
            coastal environment to prevent or minimize any adverse
            impact which might occur as a consequence of the
            development of such ports;
              (3) protect the interests of the United States and
            those of adjacent coastal States in the location,
            construction, and operation of deepwater ports; \2\
    ---------------------------------------------------------------------------
        \2\ Sec. 502(b) of the Deepwater Port Modernization Act (title V of
    Public Law 104-324; 110 Stat. 3925) struck out ``and'' at the end of
    para. (3); replaced the period at the end of para. (4) with a
    semicolon; and added new paras. (5) and (6).
    ---------------------------------------------------------------------------
              (4) protect the rights and responsibilities of States
            and communities to regulate growth, determine land use,
            and otherwise protect the environment in accordance
            with law; \2\
              (5) \2\ promote the construction and operation of
            deepwater ports as a safe and effective means of
            importing oil or natural gas \3\ into the United States
            and transporting oil or natural gas \3\ from the outer
            continental shelf while minimizing tanker traffic and
            the risks attendant thereto; and
    ---------------------------------------------------------------------------
        \3\ Sec. 106(a)(1) of Public Law 107-295 (116 Stat. 2086) inserted
    ``or natural gas''.
    ---------------------------------------------------------------------------
              (6) \2\ promote oil or natural gas \3\ production on
            the outer continental shelf by affording an economic
            and safe means of transportation of outer continental
            shelf oil or natural gas \3\ to the United States
            mainland.
        (b) The Congress declares that nothing in this Act shall be
    construed to affect the legal status of the high seas, the
    superjacent airspace, or the seabed and subsoil, including the
    Continental Shelf.

                                  definitions

        Sec. 3.\4\ As used in this Act, unless the context
    otherwise requires, the term--
    ---------------------------------------------------------------------------
        \4\ 33 U.S.C. 1502.
    ---------------------------------------------------------------------------
              (1) ``adjacent coastal State'' means any coastal
            State which (A) would be directly connected by pipeline
            to a deepwater port, as proposed in an application; (B)
            would be located within 15 miles of any such proposed
            deepwater port; or (C) is designated by the Secretary
            in accordance with section 9(a)(2) of this Act;
              (2) ``affiliate'' means any entity owned or
            controlled by, any person who owns or controls, or any
            entity which is under common ownership or control with
            an applicant, licensee, or any person required to be
            disclosed pursuant to section 5(c)(2) (A) or (B);
              (3) \5\ ``application'' means an application
            submitted under this Act for a license for the
            ownership, construction, and operation of a deepwater
            port;
    ---------------------------------------------------------------------------
        \5\ Sec. 2(a) of Public Law 98-419 (98 Stat. 1607) amended and
    restated para. (3), originally enacted as para. (4). Sec. 503(a) of the
    Deepwater Port Modernization Act (title V of Public Law 104-324; 110
    Stat. 3926) struck out para. (3) and redesignated remaining paras. as
    (3) through (18). Former para. (3) read as follows:
        ``(3) `antitrust laws' includes the Act of July 2, 1890, as
    amended, the Act of October 15, 1914, as amended, the Federal Trade
    Commission Act (15 U.S.C. 41 et seq.), and sections 73 and 74 of the
    Act of August 27, 1894, as amended;''.
    ---------------------------------------------------------------------------
              (4) \5\ ``citizen of the United States'' means any
            person who is a United States citizen by law, birth, or
            naturalization, any State, any agency of a State or a
            group of States, or any corporation, partnership, or
            association organized under the laws of any State which
            has as its president or other executive officer and as
            its chairman of the board of directors, or holder of a
            similar office, a person who is a United States citizen
            by law, birth or naturalization and which has no more
            of its directors who are not United States citizens by
            law, birth or naturalization than constitute a minority
            of the number required for a quorum necessary to
            conduct the business of the board;
              (5) \5\ ``coastal environment'' means the navigable
            waters (including the lands therein and thereunder and
            the adjacent shorelines including waters therein and
            thereunder). The term includes transitional and
            intertidal areas, bays, lagoons, salt marshes,
            estuaries, and beaches; the fish, wildfish and other
            living resources thereof; and the recreational and
            scenic values of such lands, waters and resources;
              (6) \5\ ``coastal State'' means any State of the
            United States in or bordering on the Atlantic, Pacific,
            or Arctic Oceans, or the Gulf of Mexico;
              (7) \5\ ``construction'' means the supervising,
            inspection, actual building, and all other activities
            incidental to the building, repairing, or expanding of
            a deepwater port or any of its components, including,
            but not limited to, pile driving and bulkheading, and
            alterations, modifications, or additions to the
            deepwater port;
              (8) \5\ ``control'' means the power, directly or
            indirectly, to determine the policy, business
            practices, or decisionmaking process of another person,
            whether by stock or other ownership interest, by
            representation on a board of directors or similar body,
            by contract or other agreement with stockholders or
            others, or otherwise;
              (9) \5\, \6\ ``deepwater port''--
    ---------------------------------------------------------------------------
        \6\ Sec. 106(b) of Public Law 107-295 (116 Stat. 2086) amended and
    restated para. (9); redesignated paras. (13) through (18) as paras.
    (14) through (19); and added a new para. (13).
        Previously, sec. 503(b) of the Deepwater Port Modernization Act
    (title V of Public Law 104-324; 110 Stat. 3926) amended para. (9).
    ---------------------------------------------------------------------------
                      (A) means any fixed or floating manmade
                    structure other than a vessel, or any group of
                    such structures, that are located beyond State
                    seaward boundaries and that are used or
                    intended for use as a port or terminal for the
                    transportation, storage, or further handling of
                    oil or natural gas for transportation to any
                    State, except as otherwise provided in section
                    23, and for other uses not inconsistent with
                    the purposes of this Act, including
                    transportation of oil or natural gas from the
                    United States outer continental shelf;
                      (B) includes all components and equipment,
                    including pipelines, pumping stations, service
                    platforms, buoys, mooring lines, and similar
                    facilities to the extent they are located
                    seaward of the high water mark;
                      (C) in the case of a structure used or
                    intended for such use with respect to natural
                    gas, includes all components and equipment,
                    including pipelines, pumping or compressor
                    stations, service platforms, buoys, mooring
                    lines, and similar facilities that are proposed
                    or approved for construction and operation as
                    part of a deepwater port, to the extent that
                    they are located seaward of the high water mark
                    and do not include interconnecting facilities;
                    and
                      (D) shall be considered a `new source' for
                    purposes of the Clean Air Act (42 U.S.C. 7401
                    et seq.), and the Federal Water Pollution
                    Control Act (33 U.S.C. 1251 et seq.);
              (10) \5\ ``Governor'' means the Governor of a State
            or the person designated by State law to exercise the
            powers granted to the Governor pursuant to this Act;
              (11) \5\ ``licensee'' means a citizen of the United
            States holding a valid license for the ownership,
            construction, and operation of a deepwater port that
            was issued, transferred, or renewed pursuant to this
            Act;
              (12) \5\ ``marine environment'' includes the coastal
            environment, waters of the contiguous zone, and waters
            of the high seas; the fish, wildlife, and other living
            resources of such waters; and the recreational and
            scenic values of such waters and resources;
              (13) \6\ ``natural gas'' means either natural gas
            unmixed, or any mixture of natural or artificial gas,
            including compressed or liquefied natural gas, natural
            gas liquids, liquified petroleum gas and condensate
            recovered from natural gas; \7\
    ---------------------------------------------------------------------------
        \7\ Sec. 321(b) of Public Law 109-58 (119 Stat. 694) inserted ``,
    natural gas liquids, liquified petroleum gas and condensate recovered
    from natural gas''.
    ---------------------------------------------------------------------------
              (14) \5\, \6\ ``oil'' means petroleum,
            crude oil, and any substance refined from petroleum or
            crude oil;
              (15) \5\, \6\ ``person'' includes an
            individual, a public or private corporation, a
            partnership or other association, or a government
            entity;
              (16) \5\, \6\ ``safety zone'' means the
            safety zone established around a deepwater port as
            determined by the Secretary in accordance with section
            10(d) of this Act;
              (17) \5\, \6\ ``Secretary'' means the
            Secretary of Transportation;
              (18) \5\, \6\ ``State'' includes each of
            the States of the United States, the District of
            Columbia, the Commonwealth of Puerto Rico, and the
            Territories and possessions of the United States; and
              (19) \5\, \6\ ``vessel'' means every
            description of watercraft or other artificial
            contrivance used as a means of transportation on or
            through the water.
              * * * * * * *

            marine environmental protection and navigational safety

        Sec. 10.\8\ (a) Subject to recognized principles of
    international law and the provision of adequate opportunities
    for public involvement,\9\ the Secretary shall prescribe and
    enforce procedures, either by regulation (for basic standards
    and conditions) or by the licensee's operations manual, with
    respect to \10\ rules governing vessel movement, loading and
    unloading procedures, designation and marking of anchorage
    areas, maintenance, law enforcement, and the equipment,
    training, and maintenance required (A) to prevent pollution of
    the marine environment, (B) to clean up any pollutants which
    may be discharged, and (C) to otherwise prevent or minimize any
    adverse impact from the construction and operation of such
    deepwater port.
    ---------------------------------------------------------------------------
        \8\ 33 U.S.C. 1509.
        \9\ Sec. 508(1) of the Deepwater Port Modernization Act (title V of
    Public Law 104-324; 110 Stat. 3927) inserted ``and the provision of
    adequate opportunities for public involvement''.
        \10\ Sec. 508(2) of the Deepwater Port Modernization Act (title V
    of Public Law 104-324; 110 Stat. 3927) struck out ``shall prescribe by
    regulation and enforce procedures with respect to any deepwater port,
    including, but not limited to,'' and inserted in lieu thereof ``shall
    prescribe and enforce procedures, either by regulation (for basic
    standards and conditions) or by the licensee's operations manual, with
    respect to''.
    ---------------------------------------------------------------------------
        (b) The Secretary shall issue and enforce regulations with
    respect to lights and other warning devices, safety equipment,
    and other matters relating to the promotion of safety of life
    and property in any deepwater port and the waters adjacent
    thereto.
        (c) The Secretary shall mark, for the protection of
    navigation, any component of a deepwater port whenever the
    licensee fails to mark such component in accordance with the
    applicable regulations. The licensee shall pay the cost of such
    marking.
        (d)(1) Subject to recognized principles of international
    law and after consultation with the Secretary of the Interior,
    the Secretary of Commerce, the Secretary of State, and the
    Secretary of Defense, the Secretary shall designate a zone of
    appropriate size around and including any deepwater port for
    the purpose of navigational safety. In such zone, no
    installations, structures, or uses will be permitted that are
    incompatible with the operation of the deepwater port. The
    Secretary shall by regulation define permitted activities
    within such zone. The Secretary shall, not later than 30 days
    after publication of notice pursuant to section 5(c) of this
    Act, designate such safety zone with respect to any proposed
    deepwater port.
        (2) In addition to any other regulations, the Secretary is
    authorized, in accordance with this subsection, to establish a
    safety zone to be effective during the period of construction
    of a deepwater port and to issue rules and regulations relating
    thereto.

                            international agreements

        Sec. 11.\11\ The Secretary of State, in consultation with
    the Secretary, shall seek effective international action and
    cooperation in support of the policy and purposes of this Act
    and may formulate, present, or support specific proposals in
    the United Nations and other competent international
    organizations for the development of appropriate international
    rules and regulations relative to the construction, ownership,
    and operation of deepwater ports, with particular regard for
    measures that assure protection of such facilities as well as
    the promotion of navigational safety in the vicinity thereof.
    ---------------------------------------------------------------------------
        \11\ 33 U.S.C. 1510.
    ---------------------------------------------------------------------------
              * * * * * * *

                           relationship to other laws

        Sec. 19.\12\ (a)(1) The Constitution, laws, and treaties of
    the United States shall apply to a deepwater port licensed
    under this Act and to activities connected, associated, or
    potentially interfering with the use or operation of any such
    port, in the same manner as if such port were an area of
    exclusive Federal jurisdiction located within a State. Nothing
    in this Act shall be construed to relieve, exempt, or immunize
    any person from any other requirement imposed by Federal law,
    regulation, or treaty. Deepwater ports licensed under this Act
    do not possess the status of islands and have no territorial
    seas of their own.
    ---------------------------------------------------------------------------
        \12\ 33 U.S.C. 1518.
    ---------------------------------------------------------------------------
        (2) Except as otherwise provided by this Act, nothing in
    this Act shall in any way alter the responsibilities and
    authorities of a State or the United States within the
    territorial seas of the United States.
        (3) \13\ The Secretary of State shall notify the government
    of each foreign state having vessels registered under its
    authority or flying its flag which may call at or otherwise
    utilize a deepwater port but which do not currently have an
    agreement in effect as provided in subsection (c)(2)(A)(i) of
    this section that the United States intends to exercise
    jurisdiction over vessels calling at or otherwise utilizing a
    deepwater port and the persons on board such vessels. The
    Secretary of State shall notify the government of each such
    state that, absent its objection, its vessels will be subject
    to the jurisdiction of the United States whenever they--
    ---------------------------------------------------------------------------
        \13\ Sec. 5(a) of Public Law 98-419 (98 Stat. 1609) added para.
    (3), and sec. 5(c) of that Act provided, in part, that ``[T]he
    Secretary of State shall make the first series of notification referred
    to in section 19(a)(3) of the Deepwater Port Act of 1974, as added by
    subsection (a) of this section, prior to the thirtieth day following
    the date of enactment of this Act'' [enacted September 25, 1984].
    ---------------------------------------------------------------------------
              (A) are calling at or otherwise utilizing a deepwater
            port; and
              (B) are within the safety zone of such a deepwater
            port and are engaged in activities connected,
            associated, or potentially interfering with the use and
            operation of the deepwater port.
    The Secretary of State shall promptly inform licensees of
    deepwater ports of all objections received from government of
    foreign states in response to notifications made under this
    paragraph.
        (b) The law of the nearest adjacent coastal State, now in
    effect or hereafter adopted, amended, or repealed, is declared
    to be the law of the United States, and shall apply to any
    deepwater port licensed pursuant to this Act, to the extent
    applicable and not inconsistent with any provision or
    regulation under this Act or other Federal laws and regulations
    now in effect or hereafter adopted, amended, or repealed. All
    such applicable laws shall be administered and enforced by the
    appropriate officers and courts of the United States. For
    purposes of this subsection, the nearest adjacent coastal State
    shall be that State whose seaward boundaries, if extended
    beyond 3 miles, would encompass the site of the deepwater port.
        (c) \14\ (1) The jurisdiction of the United States shall
    apply to vessels of the United States and persons on board such
    vessels. The jurisdiction of the United States shall also apply
    to vessels, and person on board such vessels, registered in or
    flying the flags of foreign states, whenever such vessels are--
    ---------------------------------------------------------------------------
        \14\ Sec. 5(b) of Public Law 98-419 (98 Stat. 1609) amended and
    restated subsec. (c), effective ninety days after the enactment of that
    Act (enacted September 25, 1984). Subsec. (c) formerly read as follows:
        ``(c) Except in a situation involving force majeure, a license of a
    deepwater port shall not permit a vessel, registered in or flying the
    flag of a foreign state, to call at, or otherwise utilize a deepwater
    port licensed under this Act unless (1) the foreign state involved, by
    specific agreement with the United States, has agreed to recognize the
    jurisdiction of the United States over the vessel and its personnel, in
    accordance with the provisions of this Act, while the vessel is located
    within the safety zone, and (2) the vessel owner or operator has
    designated an agent in the United States for receipt of service of
    process in the event of any claim or legal proceeding resulting from
    activities of the vessel or its personnel while located within such a
    safety zone.''.
    ---------------------------------------------------------------------------
              (A) calling at or otherwise utilizing a deepwater
            port; and
              (B) are within the safety zone of such a deepwater
            port, and are engaged in activities connected,
            associated, or potentially interfering with the use and
            operations of the deepwater port.
    The jurisdiction of the United States under this paragraph
    shall not, however, apply to vessels registered in or flying
    the flag of any foreign state that has objected to the
    application of such jurisdiction.
        (2) Except in a situation involving force majeure, a
    licensee shall not permit a vessel registered in or flying the
    flag of a foreign state to call at or otherwise utilize a
    deepwater port licensed under this Act unless--
              (A)(i) the foreign state involved, by specific
            agreement with the United States, has agreed to
            recognize the jurisdiction of the United States over
            the vessels registered in or flying the flag of that
            state and persons on board such vessels in accordance
            with the provisions of paragraph (1) of this
            subsection, while the vessel is located within the
            safety zone, or
              (ii) the foreign states has not objected to the
            application of the jurisdiction of the United States to
            any vessel, or persons on board such vessel, while the
            vessel is located within the safety zone; and
              (B) the vessel owner or operator has designated an
            agent in the United States for receipt of service of
            process in the event of any claim or legal proceeding
            resulting from activities of the vessel or its
            personnel while located within such a safety zone.
        (3) For purposes of paragraph (2)(A)(ii) of this
    subsection, a licensee shall not be obliged to prohibit a call
    at or use of a deepwater port by a vessel registered in or
    flying the flag of an objecting state unless the licensee has
    been informed by the Secretary of State as required by
    subsection (a)(3) of this section.
        (d) The customs laws administered by the Secretary of the
    Treasury shall not apply to any deepwater port licensed under
    this Act, but all foreign articles to be used in the
    construction of any such deepwater port, including any
    component thereof, shall first be made subject to all
    applicable duties and taxes which would be imposed upon or by
    reason of their importation if they were imported for
    consumption in the United States. Duties and taxes shall be
    paid thereon in accordance this laws applicable to merchandise
    imported into the customs territory of the United States.
        (e) The United States district courts shall have original
    jurisdiction of cases and controversies arising out of or in
    connection with the construction and operation of deepwater
    ports, and proceedings with respect to any such case or
    controversy may be instituted in the judicial district in which
    any defendant resides or may be found, or in the judicial
    district of the adjacent coastal State nearest the place where
    the cause of action arose.
        (f) Section 4(a)(2) of the Act of August 7, 1953 (67 Stat.
    462) is amended by deleting the words ``as of the effective
    date of this Act'' in the first sentence thereof and inserting
    in lieu thereof the words ``, now in effect or hereafter
    adopted, amended, or repealed''.
        Sec. 20.\15\ * * * [Repealed--1995]
    ---------------------------------------------------------------------------
        \15\ Formerly at 33 U.S.C. 1519. Sec. 1121(a) of the Federal
    Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 109
    Stat. 707) repealed sec. 20, which had required that the Secretary of
    Commerce report to Congress annually on the administration of various
    deepwater port activities.
    ---------------------------------------------------------------------------
              * * * * * * *

                      negotiations with canada and mexico

        Sec. 22.\16\ The President of the United States is
    authorized and requested to enter into negotiations with the
    Governments of Canada and Mexico to determine:
    ---------------------------------------------------------------------------
        \16\ 33 U.S.C. 1521.
    ---------------------------------------------------------------------------
              (1) the need for intergovernmental understandings,
            agreements, or treaties to protect the interests of the
            people of Canada, Mexico, and the United States and of
            any party or parties involved with the construction or
            operation of deepwater ports; and
              (2) the desirability of undertaking joint studies and
            investigations designed to insure protection of the
            environment and to eliminate any legal and regulatory
            uncertainty, to assure that the interests of the people
            of Canada, Mexico, and the United States are adequately
            met.
    The President shall report to the Congress the actions taken,
    the progress achieved, the areas of disagreements, and the
    matters about which more information is needed, together with
    his recommendations for further action.
              * * * * * * *
                      d. Intervention on the High Seas Act

    Public Law 93-248 [S. 1070], 88 Stat. 8, approved February 5, 1974; as
    amended by Public Law 95-302 [S. 2380], 92 Stat. 344, approved June 26,
     1978; Public Law 97-164 [Federal Courts Improvement Act of 1982; H.R.
     4482], 96 Stat. 25 at 49, approved April 2, 1982; Public Law 101-380
    [Oil Pollution Act of 1990; H.R. 1465], 104 Stat. 484, approved August
    18, 1990; and Public Law 102-572 [Court of Federal Claims Technical and
    Procedural Improvements Act of 1992; S. 1569], 106 Stat. 4516, approved
                                October 29, 1992

         AN ACT To implement the International Convention Relating to
      Intervention on the High Seas in Cases of Oil Pollution Casualties,
                                    1969.\1\

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Intervention on the High Seas Act''.
    ---------------------------------------------------------------------------
        \1\ See boxnote, page 2.
    ---------------------------------------------------------------------------
        Sec. 2.\2\ As used in this Act--
    ---------------------------------------------------------------------------
        \2\ 33 U.S.C. 1471. Sec. 1(1) of Public Law 95-302 (92 Stat. 344)
    amended and restated sec. 2. As provided in sec. 2 of Public Law 95-
    302, this amendment did not become effective until March 30, 1983, when
    the Protocol referred to in para. (6) became effective for the United
    States.
    ---------------------------------------------------------------------------
              (1) ``a substance other than convention oil'' means
            those oils, noxious substances, liquefied gases, and
            radioactive substances--
                      (A) enumerated in the protocol, or
                      (B) otherwise determined to be hazardous
                    under section 4(a);
              (2) ``convention'' means the International Convention
            Relating to Intervention on the High Seas in Cases of
            Oil Pollution Casualties, 1969, including annexes
            thereto;
              (3) ``convention oil'' means crude oil, fuel oil,
            diesel oil, and lubricating oil;
              (4) ``Secretary'' means the Secretary of the
            department in which the Coast Guard is operating;
              (5) ``ship'' means--
                      (A) a seagoing vessel of any type whatsoever,
                    and
                      (B) any floating craft, except an
                    installation or device engaged in the
                    exploration and exploitation of the resources
                    of the seabed and the ocean floor and the
                    subsoil thereof;
              (6) ``protocol'' means the Protocol Relating to
            Intervention on the High Seas in Cases of Marine
            Pollution by Substances Other Than Oil, 1973, including
            annexes thereto; and
              (7) ``United States'' means the States, the District
            of Columbia, the Commonwealth of Puerto Rico, the Canal
            Zone, Guam, American Samoa, the United States Virgin
            Islands, the Trust Territory of the Pacific Islands,
            the Commonwealth of the Northern Marianas, and any
            other commonwealth, territory, or possession of the
            United States.
        Sec. 3.\3\ Whenever a ship collision, standing, or other
    incident of navigation or other occurrence on board a ship or
    external to it resulting in material damage or imminent threat
    of material damage to the ship or her cargo creates, as
    determined by the Secretary, a grave and imminent danger to the
    coastline or related interests of the United States from
    pollution or threat of pollution of the sea by convention oil
    or of the sea or atmosphere by a substance other than
    convention oil \4\ which may reasonably be expected to result
    in major harmful consequences, the Secretary may, except as
    provided for in section 10, without liability for any damage to
    the owners or operators of the ship, to her cargo or crew, or
    to underwriters or other parties interested therein, take
    measures on the high seas, in accordance with the provisions of
    the convention, the protocol \5\ and this Act, to prevent,
    mitigate, or eliminate the danger.
    ---------------------------------------------------------------------------
        \3\ 33 U.S.C. 1472.
        \4\ Sec. 1(2)(A) of Public Law 95-302 (92 Stat. 344) struck out
    ``oil'' and inserted in lieu thereof ``convention oil or of the sea or
    atmosphere by a substance other than convention oil''. As provided in
    sec. 2 of Public Law 95-302, this amendment did not become effective
    until March 30, 1983, when the Protocol referred to in sec. 2(6) of
    this Act became effective for the United States.
        \5\ Sec. 1(2)(B) of Public Law 95-302 (92 Stat. 344) struck out
    ``Convention'' and inserted in lieu thereof ``convention, the
    protocol''. As provided in sec. 2 of Public Law 95-302, this amendment
    did not become effective until March 30, 1983, when the Protocol
    referred to in sec. 2(6) of this Act became effective for the United
    States.
    ---------------------------------------------------------------------------
        Sec. 4.\6\ (a) \7\ The Secretary, after consultation with
    the Administrator of the Environmental Protection Agency and
    the Secretary of Commerce, shall determine when a substance
    other than those enumerated in the protocol is liable to create
    a hazard to human health, to harm living resources, to damage
    amenities, or to interfere with other legitimate uses of the
    sea.
    ---------------------------------------------------------------------------
        \6\ 33 U.S.C. 1473.
        \7\ Sec. 1(3) of Public Law 95-302 (92 Stat. 344) designated the
    existing text of sec. 4 as subsec. (b) and added a new subsec. (a). As
    provided in sec. 2 of Public Law 95-302, this amendment did not become
    effective until March 30, 1983, when the Protocol referred to in sec.
    2(6) of this Act became effective for the United States.
    ---------------------------------------------------------------------------
        (b) \7\ In determining whether there is grave and imminent
    danger or major harmful consequences to the coastline or
    related interests of the United States, the Secretary shall
    consider the interests of the United States, directly
    threatened or affected including but not limited to, human
    health,\8\ fish, shellfish, and other living marine resources,
    wildlife, coastal zone, and estuarine activities, and public
    and private shorelines and beaches.
    ---------------------------------------------------------------------------
        \8\ Sec. 1(3) of Public Law 95-302 (92 Stat. 344) inserted ``human
    health,''. As provided in sec. 2 of Public Law 95-302, this amendment
    did not become effective until March 30, 1983, when the Protocol
    referred to in sec. 2(6) of this Act became effective for the United
    States.
    ---------------------------------------------------------------------------
        Sec. 5.\9\ Upon a determination under section 3 of this Act
    of a grave and imminent danger to the coastline or related
    interests of the United States, the Secretary may--
    ---------------------------------------------------------------------------
        \9\ 33 U.S.C. 1474.
    ---------------------------------------------------------------------------
              (1) coordinate and direct all public and private
            efforts directed at the removal or elimination of the
            threatened pollution damage;
              (2) directly or indirectly undertake the whole or any
            part of any salvage or other action he could require or
            direct under subsection (1) of this section; and
              (3) remove, and, if necessary, destroy the ship and
            cargo which is the source of the danger.
        Sec. 6.\10\ Before taking any measure under section 5 of
    this Act, the Secretary shall--
    ---------------------------------------------------------------------------
        \10\ 33 U.S.C. 1475.
    ---------------------------------------------------------------------------
              (1) consult, through the Secretary of State, with
            other countries affected by the marine casualty, and
            particularly with the flag countries of any ship
            involved;
              (2) notify without delay the Administrator of the
            Environmental Protection Agency and any other persons,
            known to the Secretary, or of whom he later becomes
            aware, who have interests which can reasonably be
            expected to be affected by any proposed measures; and
              (3) consider any views submitted in response to the
            consultation or notification required by subsections
            (1) and (2) of this section.
        Sec. 7.\11\ In cases of extreme urgency requiring measures
    to be taken immediately, the Secretary may take those measures
    rendered necessary by the urgency of the situation without the
    prior consultation or notification as required by section 6 of
    this Act or without the continuation of consultations already
    begun.
    ---------------------------------------------------------------------------
        \11\ 33 U.S.C. 1476.
    ---------------------------------------------------------------------------
        Sec. 8.\12\ (a) Measures directed or conducted under this
    Act shall be proportionate to the damage, actual or threatened,
    to the coastline or related interests of the United States and
    may not go beyond what is reasonably necessary to prevent,
    mitigate, or eliminate that damage.
    ---------------------------------------------------------------------------
        \12\ 33 U.S.C. 1477.
    ---------------------------------------------------------------------------
        (b) In considering whether measures are proportionate to
    the damage the Secretary shall, among other things consider--
              (1) the extent and probability of imminent damage if
            those measures are not taken;
              (2) the likelihood of effectiveness of those
            measures; and
              (3) the extent of the damage which may be caused by
            those measures.
        Sec. 9.\13\ In the direction and conduct of measures under
    this Act the Secretary shall use his best endeavors to--
    ---------------------------------------------------------------------------
        \13\ 33 U.S.C. 1478.
    ---------------------------------------------------------------------------
              (1) assure the avoidance of risk to human life;
              (2) render all possible aid to distressed persons,
            including facilitating repatriation of ships' crews;
            and
              (3) not unnecessarily interfere with rights and
            interests of others, including the flag state of any
            ship involved, other foreign states threatened by
            damage, and persons otherwise concerned.
        Sec. 10.\14\ (a) The United States shall be obliged to pay
    compensation to the extent of the damage caused by measures
    which exceed those reasonably necessary to achieve the end
    mentioned in section 3.
    ---------------------------------------------------------------------------
        \14\ 33 U.S.C. 1479.
    ---------------------------------------------------------------------------
        (b) Actions against the United States seeking compensation
    for any excessive measures may be brought in the United States
    Court of Federal Claims,\15\ in any district court of the
    United States, and in those courts enumerated in section 460 of
    title 28, United States Code. For purposes of this Act,
    American Samoa shall be included within the judicial district
    of the District Court of the United States for the District of
    Hawaii, and the Trust Territory of the Pacific Islands shall be
    included within the judicial districts of both the District
    Court of the United States for the District of Hawaii and the
    District Court of Guam.
    ---------------------------------------------------------------------------
        \15\ Sec. 902(b)(1) of Public Law 102-572 (106 Stat. 4516) provided
    that any reference in any Federal law or any document to the ``United
    States Claims Court'' shall be deemed to refer to the ``United States
    Court of Federal Claims''. Previously, sec. 161(6) of the Federal
    Courts Improvement Act (Public Law 97-164; 96 Stat. 49) struck out
    ``United States Court of Claims'' and inserted in lieu thereof ``United
    States Claims Court''.
    ---------------------------------------------------------------------------
        (c) \16\ With respect to intervention for a substance
    identified pursuant to section 4(a), the United States has the
    burden of establishing that, under the circumstances present at
    the time of the intervention, the substance could reasonably
    pose a grave and imminent danger analogous to that posed by a
    substance enumerated in the protocol.
    ---------------------------------------------------------------------------
        \16\ Sec. 1(4) of Public Law 95-302 (92 Stat. 345) added subsec.
    (c). As provided in sec. 2 of Public Law 95-302, this amendment did not
    become effective until March 30, 1983, when the protocol referred to in
    sec. 2(6) of this Act became effective for the United States.
    ---------------------------------------------------------------------------
        Sec. 11.\17\ The Secretary of State shall notify without
    delay foreign states concerned, the Secretary-General of the
    Inter-Governmental Maritime Consultative organization, and
    persons affected by measures taken under this Act.
    ---------------------------------------------------------------------------
        \17\ 33 U.S.C. 1480.
    ---------------------------------------------------------------------------
        Sec. 12.\18\ (a) A person commits a class A misdemeanor if
    that person--\19\
    ---------------------------------------------------------------------------
        \18\ 33 U.S.C. 1481.
        \19\ Sec. 4302(l)(1) of the Oil Pollution Act of 1990 (Public Law
    101-380; 104 Stat. 539) struck out ``Any person who'' and inserted in
    lieu thereof ``A person commits a class A misdemeanor if that person''.
    ---------------------------------------------------------------------------
              (1) willfully violates a provision of this Act or a
            regulation issued thereunder; or
              (2) willfully refuses or fails to comply with any
            lawful order or direction given pursuant to this Act;
            or
              (3) willfully obstructs any person who is acting in
            compliance with an order or direction under this
            Act.\20\
    ---------------------------------------------------------------------------
        \20\ Sec. 4302(l)(2) of the Oil Pollution Act of 1990 (Public Law
    101-380; 104 Stat. 539) struck out ``, shall be fined not more than
    $10,000 or imprisoned not more than one year, or both'' in para. (3).
    ---------------------------------------------------------------------------
        (b) In a criminal proceeding for an offense under paragraph
    (1) or (2) of subsection (a) of this section it shall be a
    defense for the accused to prove that he used all due diligence
    to comply with any order or direction or that he had reasonable
    cause to believe that compliance would have resulted in serious
    risk to human life.
        Sec. 13.\21\ (a) The Secretary, in consultation with the
    Secretary of State and the Administrator of the Environmental
    Protection Agency, may nominate individuals to the list of
    experts provided for in article III of the Convention and
    article II of the protocol and may propose amendments to the
    list of substances other than convention oil in accordance with
    article III of the protocol.\22\
    ---------------------------------------------------------------------------
        \21\ 33 U.S.C. 1482.
        \22\ Sec. 1(5)(A) of Public Law 95-302 (92 Stat. 345) added the
    words to this point beginning with ``and article II of the protocol * *
    * ''. As provided in sec. 2 of Public Law 95-302, this amendment did
    not become effective until March 30, 1983, when the protocol referred
    to in sec. 2(6) of this Act became effective for the United States.
    ---------------------------------------------------------------------------
        (b) The Secretary of State, in consultation with the
    Secretary, shall designate or nominate, as appropriate and
    necessary, the negotiators, conciliators, or arbitrators
    provided for by the convention and the protocol.\23\
    ---------------------------------------------------------------------------
        \23\ Sec. 1(5) of Public Law 95-302 (92 Stat. 345) struck out
    ``annexes thereto'' and inserted in lieu thereof ``protocol'' in
    subsec. (b) and added a new subsec. (c). As provided in sec. 2 of
    Public Law 95-302, this amendment did not become effective until March
    30, 1983, when the protocol referred to in sec. 2(6) of this Act became
    effective for the United States.
    ---------------------------------------------------------------------------
        (c) \23\ The President may accept amendments to the list of
    substances other than convention oil in accordance with article
    III of the protocol.
        Sec. 14.\24\ No measures may be taken under authority of
    this Act against any warship or other ship owned or operated by
    a country and used, for the time being, only on Government
    noncommercial service.
    ---------------------------------------------------------------------------
        \24\ 33 U.S.C. 1483.
    ---------------------------------------------------------------------------
        Sec. 15.\25\ This Act shall be interpreted and administered
    in a manner consistent with the convention, the protocol,\26\
    and other international law. Except as specifically provided,
    nothing in this Act may be interpreted to prejudice any
    otherwise applicable right, duty, privilege, or immunity or
    deprive any country or person of any remedy otherwise
    applicable.
    ---------------------------------------------------------------------------
        \25\ 33 U.S.C. 1484.
        \26\ Sec. 2(6) of Public Law 95-302 (92 Stat. 345) inserted ``, the
    protocol,''. As provided in sec. 2 of Public Law 95-302, this amendment
    did not become effective until March 30, 1983, when the protocol
    referred to in sec. 2(6) of this Act became effective for the United
    States.
    ---------------------------------------------------------------------------
        Sec. 16.\27\ The Secretary may issue reasonable rules and
    regulations which he considers appropriate and necessary for
    the effective implementation of this Act.
    ---------------------------------------------------------------------------
        \27\ 33 U.S.C. 1485.
    ---------------------------------------------------------------------------
        Sec. 17.\28\ The Oil Spill Liability Trust Fund shall be
    available to the Secretary for actions taken under sections 5
    and 7 of this Act.
    ---------------------------------------------------------------------------
        \28\ 33 U.S.C. 1486. Sec. 2001 of the Oil Pollution Act of 1990
    (Public Law 101-380; 104 Stat. 506) amended and restated sec. 17. It
    formerly read as follows:
        ``The revolving fund established under section 311(k) of the
    Federal Water Pollution Control Act shall be available to the Secretary
    for Federal actions and activities under section 5 of this Act.''.
    ---------------------------------------------------------------------------
        Sec. 18.\29\ This Act shall be effective upon the date of
    enactment, or upon the date the convention becomes effective as
    to the United States, whichever is later.
    ---------------------------------------------------------------------------
        \29\ 33 U.S.C. 1487.
                            e. Coral Reef Protection

      Executive Order 13089, June 11, 1998, 63 F.R. 32701, 16 U.S.C. 6401
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America and
    in furtherance of the purposes of the Clean Water Act of 1977,
    as amended (33 U.S.C. 1251, et seq.), Coastal Zone Management
    Act (16 U.S.C. 1451, et seq.), Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1801, et seq.),
    National Environmental Policy Act of 1969, as amended (42
    U.S.C. 4321, et seq.), National Marine Sanctuaries Act, (16
    U.S.C. 1431, et seq.), National Park Service Organic Act (16
    U.S.C. 1, et seq.), National Wildlife Refuge System
    Administration Act (16 U.S.C. 668dd-ee), and other pertinent
    statutes, to preserve and protect the biodiversity, health,
    heritage, and social and economic value of U.S. coral reef
    ecosystems and the marine environment, it is hereby ordered as
    follows:
        Section 1. Definitions. (a) ``U.S. coral reef ecosystems''
    means those species, habitats, and other natural resources
    associated with coral reefs in all maritime areas and zones
    subject to the jurisdiction or control of the United States
    (e.g., Federal, State, territorial, or commonwealth waters),
    including reef systems in the south Atlantic, Caribbean, Gulf
    of Mexico, and Pacific Ocean.
        (b) ``U.S. Coral Reef Initiative'' is an existing
    partnership between Federal agencies and State, territorial,
    commonwealth, and local governments, nongovernmental
    organizations, and commercial interests to design and implement
    additional management, education, monitoring, research, and
    restoration efforts to conserve coral reef ecosystems for the
    use and enjoyment of future generations. The existing U.S.
    Islands Coral Reef Initiative strategy covers approximately 95
    percent of U.S. coral reef ecosystems and is a key element of
    the overall U.S. Coral Reef Initiative.
        (c) ``International Coral Reef Initiative'' is an existing
    partnership, founded by the United States in 1994, of
    governments, intergovernmental organizations, multilateral
    development banks, nongovernmental organizations, scientists,
    and the private sector whose purpose is to mobilize governments
    and other interested parties whose coordinated, vigorous, and
    effective actions are required to address the threats to the
    world's coral reefs.
        Sec. 2. Policy. (a) All Federal agencies whose actions may
    affect U.S. coral reef ecosystems shall: (a) identify their
    actions that may affect U.S. coral reef ecosystems; (b) utilize
    their programs and authorities to protect and enhance the
    conditions of such ecosystems; and (c) to the extent permitted
    by law, ensure that any actions they authorize, fund, or carry
    out will not degrade the conditions of such ecosystems.
        (b) Exceptions to this section may be allowed under terms
    prescribed by the heads of Federal agencies:
              (1) during time of war or national emergency;
              (2) when necessary for reasons of national security,
            as determined by the President;
              (3) during emergencies posing an unacceptable threat
            to human health or safety or to the marine environment
            and admitting of no other feasible solution; or
              (4) in any case that constitutes a danger to human
            life or a real threat to vessels, aircraft, platforms,
            or other man-made structures at sea, such as cases of
            force majeure caused by stress of weather or other act
            of God.
        Sec. 3. Federal Agency Responsibilities. In furtherance of
    section 2 of this order, Federal agencies whose actions affect
    U.S. coral reef ecosystems, shall, subject to the availability
    of appropriations, provide for implementation of measures
    needed to research, monitor, manage, and restore affected
    ecosystems, including, but not limited to, measures reducing
    impacts from pollution, sedimentation, and fishing. To the
    extent not inconsistent with statutory responsibilities and
    procedures, these measures shall be developed in cooperation
    with the U.S. Coral Reef Task Force and fishery management
    councils and in consultation with affected States, territorial,
    commonwealth, tribal, and local government agencies,
    nongovernmental organizations, the scientific community, and
    commercial interests.
        Sec. 4. U.S. Coral Reef Task Force. The Secretary of the
    Interior and the Secretary of Commerce, through the
    Administrator of the National Oceanic and Atmospheric
    Administration, shall co-chair a U.S. Coral Reef Task Force
    (``Task Force''), whose members shall include, but not be
    limited to, the Administrator of the Environmental Protection
    Agency, the Attorney General, the Secretary of the Interior,
    the Secretary of Agriculture, the Secretary of Commerce, the
    Secretary of Defense, the Secretary of State, the Secretary of
    Transportation, the Director of the National Science
    Foundation, the Administrator of the Agency for International
    Development, and the Administrator of the National Aeronautics
    and Space Administration. The Task Force shall oversee
    implementation of the policy and Federal agency
    responsibilities set forth in this order, and shall guide and
    support activities under the U.S. Coral Reef Initiative
    (``CRI''). All Federal agencies whose actions may affect U.S.
    coral reef ecosystems shall review their participation in the
    CRI and the strategies developed under it, including strategies
    and plans of State, territorial, commonwealth, and local
    governments, and, to the extent feasible, shall enhance Federal
    participation and support of such strategies and plans. The
    Task Force shall work in cooperation with State, territorial,
    commonwealth, and local government agencies, nongovernmental
    organizations, the scientific community, and commercial
    interests.
        Sec. 5. Duties of the U.S. Coral Reef Task Force. (a) Coral
    Reef Mapping and Monitoring. The Task Force, in cooperation
    with State, territory, commonwealth, and local government
    partners, shall coordinate a comprehensive program to map and
    monitor U.S. coral reefs. Such programs shall include, but not
    be limited to, territories and commonwealths, special marine
    protected areas such as National Marine Sanctuaries, National
    Estuarine Research Reserves, National Parks, National Wildlife
    Refuges, and other entities having significant coral reef
    resources. To the extent feasible, remote sensing capabilities
    shall be developed and applied to this program and local
    communities should be engaged in the design and conduct of
    programs.
        (b) Research. The Task Force shall develop and implement,
    with the scientific community, research aimed at identifying
    the major causes and consequences of degradation of coral reef
    ecosystems. This research shall include fundamental scientific
    research to provide a sound framework for the restoration and
    conservation of coral reef ecosystems worldwide. To the extent
    feasible, existing and planned environmental monitoring and
    mapping programs should be linked with scientific research
    activities. This Executive order shall not interfere with the
    normal conduct of scientific studies on coral reef ecosystems.
        (c) Conservation, Mitigation, and Restoration. The Task
    Force, in cooperation with State, territorial, commonwealth,
    and local government agencies, nongovernmental organizations,
    the scientific community and commercial interests, shall
    develop, recommend, and seek or secure implementation of
    measures necessary to reduce and mitigate coral reef ecosystem
    degradation and to restore damaged coral reefs. These measures
    shall include solutions to problems such as land-based sources
    of water pollution, sedimentation, detrimental alteration of
    salinity or temperature, over-fishing, over-use, collection of
    coral reef species, and direct destruction caused by activities
    such as recreational and commercial vessel traffic and treasure
    salvage. In developing these measures, the Task Force shall
    review existing legislation to determine whether additional
    legislation is necessary to complement the policy objectives of
    this order and shall recommend such legislation if appropriate.
    The Task Force shall further evaluate existing navigational
    aids, including charts, maps, day markers, and beacons to
    determine if the designation of the location of specific coral
    reefs should be enhanced through the use, revision, or
    improvement of such aids.
        (d) International Cooperation. The Secretary of State and
    the Administrator of the Agency for International Development,
    in cooperation with other members of the Coral Reef Task Force
    and drawing upon their expertise, shall assess the U.S. role in
    international trade and protection of coral reef species and
    implement appropriate strategies and actions to promote
    conservation and sustainable use of coral reef resources
    worldwide. Such actions shall include expanded collaboration
    with other International Coral Reef Initiative (``ICRI'')
    partners, especially governments, to implement the ICRI through
    its Framework for Action and the Global Coral Reef Monitoring
    Network at regional, national, and local levels.
        Sec. 6. This order does not create any right or benefit,
    substantive or procedural, enforceable in law or equity by a
    party against the United States, its agencies, its officers, or
    any person.
                              3. Tuna Conventions

                  a. Tuna Conventions Act of 1950, as amended

    Public Law 81-764 [S. 2633], 64 Stat. 777, approved September 7, 1950;
       as amended by Public Law 87-814 [S. 2568], 76 Stat. 923, approved
    October 15, 1962; Public Law 92-471 [H.R. 9501], 86 Stat. 784, approved
    October 9, 1972; Public Law 102-523 [International Dolphin Conservation
      Act of 1992; H.R. 5419], 106 Stat. 3425, approved October 26, 1992;
    Public Law 105-42 [International Dolphin Conservation Program Act; H.R.
    408], 111 Stat. 1122, approved August 15, 1997; and Public Law 106-562
            [H.R. 1653], 114 Stat. 2794, approved December 23, 2000

      AN ACT To give effect to the Convention for the Establishment of an
      International Commission for the Scientific Investigation of Tuna,
      signed at Mexico City, January 25, 1949,\1\ by the United States of
       America and the United Mexican States, and the Convention for the
    Establishment of an Inter-American Tropical Tuna Commission, signed at
     Washington, May 31, 1949,\2\ by the United States of America and the
                Republic of Costa Rica, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Tuna Conventions Act of 1950''.
    ---------------------------------------------------------------------------
        \1\ Terminated February 5, 1965.
        \2\ 1 UST 230; TIAS 2040; 80 UNTS 3.
    ---------------------------------------------------------------------------
        Sec. 2.\3\ As used in this chapter, the term--
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 951.
    ---------------------------------------------------------------------------
              (a) ``convention'' includes (1) the Convention for
            the Establishment of an International Commission for
            the Scientific Investigation of Tuna, signed at Mexico
            City, January 25, 1949, by the United States of America
            and the United Mexican States, (2) the Convention for
            the Establishment of an Inter-American Tropical Tuna
            Commission, signed at Washington, May 31, 1949, by the
            United States of America and the Republic of Costa
            Rica, or both such conventions, as the context
            requires;
              (b) ``commission'' includes (1) the International
            Commission for the Scientific Investigation of Tuna,
            (2) the Inter-American Tropical Tuna Commission
            provided for by the conventions referred to in
            subsection (a) of this section, or both such
            commissions, as the context requires;
              (c) ``United States Commissioners'' means the members
            of the commissions referred to in subsection (b) of
            this section representing the United States of America
            and appointed pursuant to the terms of the pertinent
            convention and section 3 of this Act;
              (d) ``person'' means every individual, partnership,
            corporation, and association subject to the
            jurisdiction of the United States and
              (e) \4\ ``United States'' shall include all areas
            under the sovereignty of the United States, the Trust
            Territory of the Pacific Islands, and the Canal Zone.
    ---------------------------------------------------------------------------
        \4\ Public Law 87-814 struck out a definition of ``enforcement
    agency'' and inserted in lieu thereof a definition of ``United
    States''.
    ---------------------------------------------------------------------------
        Sec. 3.\5\ The United States shall be represented on the
    two commissions by a total of not more than four United States
    Commissioners, who shall be appointed by the President, serve
    as such during his pleasure, and receive no compensation for
    their services as such Commissioners. Individuals serving as
    such Commissioners shall not be considered to be Federal
    employees while performing such service, except for purposes of
    injury compensation or tort claims liability as provided in
    chapter 81 of title 5, United States Code, and chapter 171 of
    title 28, United States Code.\6\ Of such Commissioners--
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 952.
        \6\ Sec. 302 of Public Law 106-562 (114 Stat. 2806) added this
    sentence.
    ---------------------------------------------------------------------------
              (a) not more than one shall be a person residing
            elsewhere than in a State whose vessels maintain a
            substantial fishery in the areas of the conventions;
              (b) at least one of the Commissioners who are such
            legal residents shall be a person chosen from the
            public at large, and who is not a salaried employee of
            a State or of the Federal Government; \7\
    ---------------------------------------------------------------------------
        \7\ Sec. 3(a)(1) of the International Dolphin Conservation Act of
    1992 (Public Law 102-523; 106 Stat. 3433), struck out ``and'' at the
    end of subsec. (b); struck out a period at the end of subsec. (c), and
    inserted in lieu thereof ``; and''; and added subsec. (d).
    ---------------------------------------------------------------------------
              (c) \8\ at least one shall be either the
            Administrator, or an appropriate officer, of the
            National Marine Fisheries Service; and \7\
    ---------------------------------------------------------------------------
        \8\ Sec. 7(a) of Public Law 105-42 (111 Stat. 1137) amended and
    restated subsec. (c). It previously read as follows:
        ``(c) at least one shall be an officer of the United States Fish
    and Wildlife Service; and''.
        In a transfer of functions pursuant to Reorganization Plan No. 4 of
    1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970,
    ``Department of Commerce'' has been substituted in lieu of ``United
    States Fish and Wildlife Service'' in the United States Code.
    ---------------------------------------------------------------------------
              (d) \7\ at least one shall be chosen from a
            nongovernmental conservation organization.

    SEC. 4.\9\ GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY
                        SUBCOMMITTEE.

        (a) Appointments; Public Participation; Compensation.--The
    Secretary, in consultation with the United States
    Commissioners, shall--
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 953. Sec. 7(b) of Public Law 105-42 (111 Stat. 1137)
    amended and restated sec. 4. It previously read as follows:
        ``Sec. 4. The United States Commissioners shall (a) appoint an
    advisory committee which shall be composed of not less than five nor
    more than fifteen persons who shall be selected from the various groups
    participating in the fisheries included under the conventions, and from
    nongovernmental conservation organizations, and (b) shall fix the terms
    of office of the members of such committee, who shall receive no
    compensation for their services as such members. The advisory committee
    shall be invited to attend all nonexecutive meetings of the United
    States sections and shall be given full opportunity to examine and to
    be heard on all proposed programs of investigation, reports,
    recommendations, and regulations of the commissions. The advisory
    committee may attend all meetings of the international commissions to
    which they are invited by such commissions.''.
        Previously, Sec. 3(a)(2) of the International Dolphin Conservation
    Act of 1992 (Public Law 102-523; 106 Stat. 3433) had amended sec. 4.
    ---------------------------------------------------------------------------
              (1) appoint a General Advisory Committee which shall
            be composed of not less than 5 nor more than 15 persons
            with balanced representation from the various groups
            participating in the fisheries included under the
            conventions, and from nongovernmental conservation
            organizations;
              (2) appoint a Scientific Advisory Subcommittee which
            shall be composed of not less than 5 nor more than 15
            qualified scientists with balanced representation from
            the public and private sectors, including
            nongovernmental conservation organizations;
              (3) establish procedures to provide for appropriate
            public participation and public meetings and to provide
            for the confidentiality of confidential business data;
            and
              (4) fix the terms of office of the members of the
            General Advisory Committee and Scientific Advisory
            Subcommittee, who shall receive no compensation for
            their services as such members.
        (b) Functions.--
              (1) General advisory committee.--The General Advisory
            Committee shall be invited to have representatives
            attend all nonexecutive meetings of the United States
            sections and shall be given full opportunity to examine
            and to be heard on all proposed programs of
            investigations, reports, recommendations, and
            regulations of the Commission. The General Advisory
            Committee may attend all meetings of the international
            commissions to which they are invited by such
            commissions.
              (2) Scientific advisory subcommittee.--
                      (A) Advice.--The Scientific Advisory
                    Subcommittee shall advise the General Advisory
                    Committee and the Commissioners on matters
                    including--
                              (i) the conservation of ecosystems;
                              (ii) the sustainable uses of living
                            marine resources related to the tuna
                            fishery in the eastern Pacific Ocean;
                            and
                              (iii) the long-term conservation and
                            management of stocks of living marine
                            resources in the eastern tropical
                            Pacific Ocean.
                      (B) Other functions and assistance.--The
                    Scientific Advisory Subcommittee shall, as
                    requested by the General Advisory Committee,
                    the United States Commissioners, or the
                    Secretary, perform functions and provide
                    assistance required by formal agreements
                    entered into by the United States for this
                    fishery, including the International Dolphin
                    Conservation Program. These functions may
                    include--
                              (i) the review of data from the
                            Program, including data received from
                            the Inter-American Tropical Tuna
                            Commission;
                              (ii) recommendations on research
                            needs, including ecosystems, fishing
                            practices, and gear technology
                            research, including the development and
                            use of selective, environmentally safe
                            and cost-effective fishing gear, and on
                            the coordination and facilitation of
                            such research;
                              (iii) recommendations concerning
                            scientific reviews and assessments
                            required under the Program and
                            engaging, as appropriate, in such
                            reviews and assessments;
                              (iv) consulting with other experts as
                            needed; and
                              (v) recommending measures to assure
                            the regular and timely full exchange of
                            data among the parties to the Program
                            and each nation's National Scientific
                            Advisory Committee (or its equivalent).
              (3) Attendance at meetings.--The Scientific Advisory
            Subcommittee shall be invited to have representatives
            attend all nonexecutive meetings of the United States
            sections and the General Advisory Subcommittee and
            shall be given full opportunity to examine and to be
            heard on all proposed programs of scientific
            investigation, scientific reports, and scientific
            recommendations of the commission. Representatives of
            the Scientific Advisory Subcommittee may attend
            meetings of the Inter-American Tropical Tuna Commission
            in accordance with the rules of such Commission.
        Sec. 5.\10\ * * * [Repealed--1972]
    ---------------------------------------------------------------------------
        \10\ Formerly at 16 U.S.C. 954. Repealed by Public Law 92-471 (86
    Stat. 784).
    ---------------------------------------------------------------------------
        Sec. 6.\11\ (a) The Secretary of State is authorized to
    approve or disapprove, on behalf of the United States
    Government, bylaws, and rules, or amendments thereof, adopted
    by each commission and submitted for approval of the United
    States Government in accordance with the provisions of the
    conventions, and, with the concurrence of the Secretary of the
    Interior,\12\ to approve or disapprove the general annual
    programs of the commissions. The Secretary of State is further
    authorized to receive, on behalf of the United States
    Government, reports, requests, recommendations, and other
    communications of the commissions, and to take appropriate
    action thereon either directly or by reference to the
    appropriate authority.
    ---------------------------------------------------------------------------
        \11\ 16 U.S.C. 955.
        \12\ In a transfer of functions pursuant to Reorganization Plan No.
    4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970,
    ``Secretary of Commerce'' was substituted in lieu of ``Secretary of the
    Interior'' in the U.S. Code. In this Act, Public Law 87-814 (76 Stat.
    923) struck out ``head of the enforcement agency'' and inserted in lieu
    thereof ``Secretary of the Interior''.
    ---------------------------------------------------------------------------
        (b) Regulations recommended by each commission pursuant to
    the convention requiring the submission to the commission of
    records of operations by boat captains or other persons who
    participate in the fisheries covered by the convention, upon
    the concurrent approval of the Secretary of State and the
    Secretary of the Interior,\12\ shall be promulgated by the
    latter and upon publication in the Federal Register, shall be
    applicable to all vessels and persons subject to the
    jurisdiction of the United States.
        (c) \13\ Regulations required to carry out recommendations
    of the commission made pursuant to paragraph 5 of article II of
    the Convention for the Establishment of an Inter-American
    Tropical Tuna Commission shall be promulgated as hereinafter
    provided by the Secretary of the Interior \14\ upon approval of
    such recommendations by the Secretary of State and the
    Secretary of the Interior.\14\ The Secretary of the Interior
    \14\ shall cause to be published in the Federal Register a
    general notice of proposed rulemaking and shall afford
    interested persons an opportunity to participate in the
    rulemaking through (1) submission of written data, views, or
    arguments, and (2) oral presentation at a public hearing. Such
    regulations shall be published in the Federal Register and
    shall be accompanied by a statement of the considerations
    involved in the issuance of the regulations. After publication
    in the Federal Register such regulations shall be applicable to
    all vessels and persons subject to the jurisdiction of the
    United States on such date as the Secretary of the Interior
    \14\ shall prescribe, but in no event prior to an agreed date
    for the application by all countries whose vessels engage in
    fishing for species covered by the convention in the regulatory
    area on a meaningful scale, in terms of effect upon the success
    of the conservation program, of effective measures for the
    implementation of the commission's recommendations applicable
    to all vessels and persons subject to their respective
    jurisdictions. The Secretary of the Interior \14\ shall suspend
    at any time the application of any such regulations when, after
    consultation with the Secretary of State and the United States
    Commissioners, he determines that foreign fishing operations in
    the regulatory area are such as to constitute a serious threat
    to the achievement of the objectives of the commission's
    recommendations. The regulations thus promulgated may include
    the selection for regulation of one or more of the species
    covered by the convention; the division of the convention
    waters into areas; the establishment of one or more open or
    closed seasons as to each area; the limitation of the size of
    the fish and quantity of the catch which may be taken from each
    area within any season during which fishing is allowed; the
    limitation or prohibition of the incidental catch of a
    regulated species which may be retained, taken, possessed, or
    landed by vessels or persons fishing for other species of fish;
    the requiring of such clearance certificates for vessels as may
    be necessary to carry out the purposes of the convention and
    this Act; and such other measures incidental thereto as the
    Secretary of the Interior \14\ may deem necessary to implement
    the recommendations of the commission: Provided, That upon the
    promulgation of any such regulations the Secretary of the
    Interior \14\ shall promulgate additional regulations, with the
    concurrence of the Secretary of State, which shall become
    effective simultaneously with the application of the
    regulations hereinbefore referred to (1) to prohibit the entry
    into the United States from any country when the vessels of
    such country are being used in the conduct of fishing
    operations in the regulatory area in such manner or in such
    circumstances as would tend to diminish the effectiveness of
    the conversation recommendations of the commission, of fish in
    any form of those species which are subject to regulation
    pursuant to a recommendation of the commission and which were
    taken from the regulatory area; and (2) to prohibit entry into
    the United States, from any country, of fish in any form of
    those species which are subject to regulation pursuant to a
    recommendation of the commission and which were taken from the
    regulatory area by vessels other than those of such country in
    such manner or in such circumstances as would tend to diminish
    the effectiveness of the conservation recommendations of the
    commission. In the case of repeated and flagrant fishing
    operations in the regulatory area by the vessels of any country
    which seriously threaten the achievement of the objectives of
    the commission's recommendations, the Secretary of the
    Interior,\14\ with the concurrence of the Secretary of State,
    may, in his discretion, also prohibit the entry from such
    country of such other species of tuna, in any form, as may be
    under investigation by the commission and which were taken in
    the regulatory area. The aforesaid prohibitions shall continue
    until the Secretary of the Interior \14\ is satisfied that the
    condition warranting the prohibition no longer exists, except
    that all fish in any form of the species under regulation which
    were previously prohibited from entry shall continue to be
    prohibited from entry.
    ---------------------------------------------------------------------------
        \13\ Public Law 87-814 (76 Stat. 923) added subsec. (c).
        \14\ In a transfer of functions pursuant to Reorganization Plan No.
    4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970,
    ``Secretary of Commerce'' was substituted in lieu of ``Secretary of the
    Interior'' in the U.S. Code.
    ---------------------------------------------------------------------------
        Sec. 7.\15\ Any person authorized to carry out enforcement
    activities under this Act and any person authorized by the
    commission shall have power without warrant or other process,
    to inspect, at any reasonable time, catch returns, statistical
    records, or other reports as are required by regulations
    adopted pursuant to this Act to be made, kept, or furnished.
    ---------------------------------------------------------------------------
        \15\ 16 U.S.C. 956. Public Law 87-814 (76 Stat. 923) substituted
    provisions respecting inspection of returns, records, or other reports
    for provisions authorizing a fine not exceeding $1,000 and proceeds for
    injunction against fishing for or possession of the kind of fish
    covered by the convention for failure to make, keep, furnish, or
    refusal to permit inspection of returns, records, or reports or for
    furnishing a false return, record, or report.
    ---------------------------------------------------------------------------
        Sec. 8.\16\ (a) It shall be unlawful for any master or
    other person in charge of a fishing vessel of the United States
    to engage in fishing in violation of any regulation adopted
    pursuant to section 6 of this Act or for any person knowingly
    to ship, transport, purchase, sell, offer for sale, import,
    export, or have in custody, possession, or control any fish
    taken or retained in violation of such regulations.
    ---------------------------------------------------------------------------
        \16\ 16 U.S.C. 957. Public Law 87-814 (76 Stat. 923) substituted
    provisions respecting violations, fines, and forfeitures and
    applications of related laws for respecting enforcement of the Act.
    ---------------------------------------------------------------------------
        (b) It shall be unlawful for the master or any person in
    charge of any fishing vessel of the United States or any person
    on board such vessel to fail to make, keep, or furnish any
    catch returns, statistical records, or other reports as are
    required by regulations adopted pursuant to this Act to be
    made, kept, or furnished; or to fail to stop upon being hailed
    by a duly authorized official of the United States; or to
    refuse to permit the duly authorized officials of the United
    States or authorized officials of the commissions to board such
    vessels or inspect its catch, equipment, books, documents,
    records, or other articles or question the persons on board in
    accordance with the provisions of this Act, or the convention,
    as the case may be.
        (c) It shall be unlawful for any person to import, in
    violation of any regulation adopted pursuant to section 4 of
    this Act, from any country, any fish in any form of those
    species subject to regulation pursuant to a recommendation of
    the commission, or any tuna in any form not under regulation
    but under investigation by the commission, during the period
    such fish have been denied entry in accordance with the
    provisions of section 4 of this Act. In the case of any fish as
    described in this subsection offered for entry in the United
    States, the Secretary of the Interior \14\ shall require proof
    satisfactory to him that such fish is not ineligible for such
    entry under the terms of section 6 of this Act.
        (d) Any person violating any provisions of subsection (a)
    of this section shall be fined not more than $25,000, and for a
    subsequent violation of any provisions of said subsection (a)
    shall be fined not more than $50,000.
        (e) Any person violating any provision of subsection (b) of
    this section shall be fined not more than $1,000, and for a
    subsequent violation of any provision of subsection (b) shall
    be fined not more than $5,000.
        (f) Any person violating any provision of subsection (c) of
    this section shall be fined not more than $100,000.
        (g) All fish taken or retained in violation of subsection
    (a) of this section, or the monetary value thereof, may be
    forfeited.
        (h) All provisions of law relating to the seizure, judicial
    forfeiture, and condemnation of a cargo for violation of the
    customs laws, the disposition of such cargo or the proceeds
    from the sale thereof, and the remission or mitigation of such
    forfeitures shall apply to seizures and forfeitures incurred,
    or alleged to have been incurred, under the provisions of this
    Act, insofar as such provisions of law are applicable and not
    inconsistent with the provisions of this Act.
        Sec. 9.\17\ (a) In order to provide coordination between
    the general annual programs of the commissions and programs of
    other agencies, relating to the exploration, development, and
    conservation of fishery resources, the Secretary of State may
    recommend to the United States Commissioners that they consider
    the relationship of the commissions' programs to those of such
    agencies and when necessary arrange, with the concurrence of
    such agencies for mutual cooperation between the commissions
    and such agencies for carrying out their respective programs.
    ---------------------------------------------------------------------------
        \17\ 16 U.S.C. 958.
    ---------------------------------------------------------------------------
        (b) All agencies of the Federal Government are authorized
    on request of the commissions to cooperate in the conduct of
    scientific and other programs, or to furnish facilities and
    personnel for the purpose of assisting the commissions in the
    performance of their duties.
        (c) The commissions are authorized and empowered to supply
    facilities and personnel to existing non-Federal agencies to
    expedite research work which in the judgment of the commissions
    is contributing or will contribute directly to the purposes of
    the conventions.
        Sec. 10.\18\ (a) The judges of the United States district
    courts and United States Commissioners \19\ may, within their
    respective jurisdictions, upon proper oath or affirmation
    showing probable cause, issue such warrants or other process as
    may be required for enforcement of this Act and the regulations
    issued pursuant thereto.
    ---------------------------------------------------------------------------
        \18\ 16 U.S.C. 959. Sec. 5 of Public Law 87-814 (76 Stat. 925)
    amended and restated sec. 10.
        \19\ Now referred to as ``magistrates'' per the Federal Magistrates
    Act (Public Law 90-578; 82 Stat. 1107).
    ---------------------------------------------------------------------------
        (b) Enforcement of the provisions of this Act and the
    regulations issued pursuant thereto shall be the joint
    responsibility of the United States Coast Guard, the United
    States Department of the Interior,\20\ and the United States
    Bureau of Customs. In addition, the Secretary of the Interior
    \14\ may designate officers and employees of the States of the
    United States, of the Commonwealth of Puerto Rico, and of
    American Samoa to carry out enforcement activities hereunder.
    When so designated, such officers and employees are authorized
    to function as Federal law enforcement agents for those
    purposes.
    ---------------------------------------------------------------------------
        \20\ In a transfer of functions pursuant to Reorganization Plan No.
    4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970,
    ``Department of Commerce'' was substituted in lieu of ``Department of
    the Interior'' in the U.S. Code.
    ---------------------------------------------------------------------------
        (c) Any person authorized to carry out enforcement
    activities hereunder shall have the power to execute any
    warrant or process issued by any officer or court of competent
    jurisdiction for the enforcement of this Act.
        (d) Such person so authorized shall have the power--
              (1) with or without a warrant or other process, to
            arrest any persons subject to the jurisdiction of the
            United States at any place within the jurisdiction of
            the United States committing in his presence or view a
            violation of this Act or the regulations issued
            thereunder;
              (2) with or without a warrant or other process, to
            search any vessel subject to the jurisdiction of the
            United States, and, if as a result of such search he
            has reasonable cause to believe that such vessel or any
            person on board is engaging in operations in violation
            of the provisions of this Act or the regulations issued
            thereunder, then to arrest such person.
        (e) Such person so authorized may seize, whenever and
    wherever lawfully found, all fish taken or retained in
    violation of the provisions of this Act or the regulations
    issued pursuant thereto. Any fish so seized may be disposed of
    pursuant to the order of a court of competent jurisdiction,
    pursuant to the provisions of subsection (f) of this section
    or, if perishable, in a manner prescribed by regulations of the
    Secretary of the Interior.\14\
        (f) Notwithstanding the provisions of section 2464 of title
    28 of the United States Code, when a warrant of arrest or other
    process in rem is issued in any cause under this section, the
    marshal or other officer shall stay the execution of such
    process, or discharge any fish seized if the process has been
    levied, on receiving from the claimant of the fish a bond or
    stipulation for the value of the property with sufficient
    surety to be approved by a judge of the district court having
    jurisdiction of the offense, conditioned to deliver the fish
    seized, if condemned, without impairment in value or, in the
    discretion of the court, to pay its equivalent value in money
    or otherwise to answer the decree of the court in such cause.
    Such bond or stipulation shall be returned to the court and
    judgment thereon against both the principal and sureties may be
    recovered in event of any breach of the conditions thereof as
    determined by the court. In the discretion of the accused, and
    subject to the direction of the court, the fish may be sold for
    not less than its reasonable market value and the proceeds of
    such sale placed in the registry of the court pending judgment
    in the case.
        Sec. 11.\21\ None of the prohibitions contained in this Act
    or in the laws and regulations of the States shall prevent the
    commissions from conducting or authorizing the conduct of
    fishing operations and biological experiments at any time for
    the purpose of scientific investigations as authorized by the
    conventions, or shall prevent the commissions from discharging
    any of its or their functions or duties prescribed by the
    conventions.
    ---------------------------------------------------------------------------
        \21\ 16 U.S.C. 960.
    ---------------------------------------------------------------------------
        Sec. 12.\22\ There is hereby authorized to be appropriated
    from time to time, out of any moneys in the Treasury not
    otherwise appropriated, such sums as may be necessary to carry
    out the provisions of each convention and of this Act,
    including--
    ---------------------------------------------------------------------------
        \22\ 16 U.S.C. 961.
    ---------------------------------------------------------------------------
        (a) contributions to each commission for the United States
    share of any joint expenses of the commission and the expenses
    of the United States Commissioners and their staff, including
    personal services in the District of Columbia and elsewhere;
        (b) travel expenses without regard to the Standardized
    Government Travel Regulations, as amended, the Travel Expense
    Act of 1949, or section 10 of the Act of March 3, 1933 (U.S.C.,
    title 5, sec. 73b);
        (c) printing and binding without regard to section 11 of
    the Act of March 1, 1919 (U.S.C., title 44, sec. 111), or
    section 3709 of the Revised Statutes (U.S.C., title 41, sec.
    5);
        (d) stenographic and other services by contract, if deemed
    necessary, without regard to section 3709 of the Revised
    Statutes (U.S.C., title 41, sec. 5); and
        (e) purchase, hire, operation, maintenance, and repair of
    aircraft, motor vehicles (including passenger-carrying
    vehicles), boats and research vessels.
        Sec. 13. If any provision of this Act or the application of
    such provision to any circumstances or persons shall be held
    invalid, the validity of the remainder of the Act and the
    applicability of such provision to other circumstances or
    persons shall not be affected thereby.
        Sec. 14. This Act shall take effect with respect to each of
    the conventions upon the entry into force of that convention
    unless such entry into force shall be prior to the date of
    approval of this Act in which case this Act shall take effect
    immediately.

    SEC. 15.\23\ REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC
                        OCEAN.

        The Secretary of State, in consultation with the Secretary
    of Commerce and acting through the United States Commissioners,
    shall seek, in cooperation with other nations whose vessel fish
    for tuna in the eastern tropical Pacific Ocean, to establish
    standards and measures for a bycatch reduction program for
    vessels fishing for yellowfin tuna in the eastern tropical
    Pacific Ocean. The bycatch reduction program shall include
    measures--
    ---------------------------------------------------------------------------
        \23\ 16 U.S.C. 962. Sec. 7(c) of Public Law 105-42 (111 Stat. 1138)
    added sec. 15.
    ---------------------------------------------------------------------------
              (1) to require, to the maximum extent practicable,
            that sea turtles and other threatened species and
            endangered species are released alive;
              (2) to reduce, to the maximum extent practicable, the
            harvest of nontarget species;
              (3) to reduce, to the maximum extent practicable, the
            mortality of nontarget species; and
              (4) to reduce, to the maximum extent practicable, the
            mortality of juveniles of the target species.
                        b. Pacific Albacore Tuna Treaty

    Partial text of Public Law 108-219 [H.R. 2584], 118 Stat. 615, approved
                                 April 13, 2004

         AN ACT To provide for the conveyance to the Utrok Atoll local
        government of a decommissioned National Oceanic and Atmospheric
                  Administration ship, and for other purposes.

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

                     TITLE IV--PACIFIC ALBACORE TUNA TREATY

    SEC. 401.\1\ IMPLEMENTATION.

        (a) In General.--Notwithstanding anything to the contrary
    in section 201, 204, or 307(2) of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1821, 1824, and
    1857(2)), foreign fishing may be conducted pursuant to the
    Treaty between the Government of the United States of America
    and the Government of Canada on Pacific Coast Albacore Tuna
    Vessels and Port Privileges, signed at Washington May 26, 1981,
    including its Annexes and any amendments thereto.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1821 note.
    ---------------------------------------------------------------------------
        (b) Regulations.--The Secretary of Commerce, with the
    concurrence of the Secretary of State, may
              (1) promulgate regulations necessary to discharge the
            obligations of the United States under the Treaty and
            itsAnnexes; and
              (2) provide for the application of any such
            regulation to any person or vessel subject to the
            jurisdiction of the United States, wherever that person
            or vessel may be located.
        (c) Enforcement.--
              (1) In general.--The Magnuson-Stevens Fishery
            Conservation and Management Act (16 U.S.C. 1801 et
            seq.) shall be enforced as if subsection (a) were a
            provision of that Act. Any reference in the Magnuson-
            Stevens Fishery Conservationand Management Act (16
            U.S.C. 1801 et seq.) to ``this Act'' or to any
            provision of that Act, shall be considered to be a
            reference to that Act as it would be in effect if
            subsection (a) were a provision of that Act.
              (2) Regulations.--The regulations promulgated under
            subsection (b), shall be enforced as if--
                      (A) subsection (a) were a provision of the
                    Magnuson-Stevens Fishery Conservation and
                    Management Act (16 U.S.C. 1801 et seq.); and
                      (B) the regulations were promulgated under
                    that Act.
              * * * * * * *
                       c. South Pacific Tuna Act of 1988

    Public Law 100-330 [S. 1989], 102 Stat. 591, approved June 7, 1988; as
    amended by Public Law 100-350 [H.R. 4621], 102 Stat. 660, approved June
    27, 1988; Public Law 102-523 [International Dolphin Conservation Act of
    1992; H.R. 5419], 106 Stat. 3425, approved October 26, 1992; Public Law
       104-43 [Fisheries Act of 1995; H.R. 716], 109 Stat. 366, approved
       November 3, 1995; Public Law 104-208 [Department of Commerce and
    Related Agencies Appropriations Act; title II of sec. 101(a) of title I
     of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September
     30, 1996; and Public Law 108-219 [H.R. 2584], 118 Stat. 615, approved
                                 April 13, 2004

    AN ACT To implement the Treaty on Fisheries Between the Governments of
     Certain Pacific Island States and the Government of the United States
                                  of America.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``South Pacific Tuna Act of 1988''.

    SEC. 2.\1\ DEFINITIONS.

        As used in this Act--
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 973.
    ---------------------------------------------------------------------------
              (1) The term ``Administrator'' means the individual
            or organization designated by the Pacific Island
            Parties to act on their behalf under the Treaty and
            notified to the United States Government.
              (2) The term ``Authorized Officer'' means any officer
            who is authorized by the Secretary, or the Secretary of
            the department in which the Coast Guard is operating,
            or the head of any Federal or State agency which has
            entered into an enforcement agreement with the
            Secretary under section 10(a) of this Act.
              (3) The term ``Authorized Party Officer'' means any
            officer authorized by a Pacific Island Party to enforce
            the provisions of the Treaty.
              (4) The term ``applicable national law'' means any
            provision of law of a Pacific Island Party which is
            described in paragraph 1(a) of Annex I of the Treaty.
              (5) The term ``Closed Area'' means any of the closed
            areas identified in Schedule 2 of Annex I of the
            Treaty.
              (6) The term ``fishing'' means--
                      (A) searching for, catching, taking, or
                    harvesting fish;
                      (B) attempting to search for, catch, take, or
                    harvest fish;
                      (C) engaging in any other activity which can
                    reasonably be expected to result in the
                    locating, catching, taking, or harvesting of
                    fish;
                      (D) placing, searching for, or recovering
                    fish aggregating devices or associated
                    electronic equipment such as radio beacons;
                      (E) any operations at sea directly in support
                    of, or in preparation for, any activity
                    described in this paragraph; or
                      (F) aircraft use, relating to the activities
                    described in this paragraph except for flights
                    in emergencies involving the health or safety
                    of crew members or the safety of a vessel.
              (7) The term ``fishing vessel'' or ``vessel'' means
            any boat, ship, or other craft which is used for,
            equipped to be used for, or of a type normally used for
            commercial fishing, and which is documented under the
            laws of the United States.
              (8) The term ``Licensing Area'' means all waters in
            the Treaty Area except for--
                      (A) those waters subject to the jurisdiction
                    of the United States in accordance with
                    international law;
                      (B) those waters within Closed Areas; and
                      (C) those waters within Limited Areas closed
                    to fishing.
              (9) The term ``licensing period'' means the period of
            validity of licenses issued in accordance with the
            Treaty.
              (10) The term ``Limited Area'' means any area so
            identified in Schedule 3 of Annex I of the Treaty.
              (11) The term ``operator'' means any person who is in
            charge of, directs or controls a vessel, including the
            owner, charterer, and master.
              (12) The term ``Pacific Island Party'' means a
            Pacific Island nation which is a party to the Treaty.
              (13) The term ``Party'' means a nation which is a
            party to the Treaty.
              (14) The term ``person'' means any individual
            (whether or not a citizen or national of the United
            States), any corporation, partnership, association, or
            other entity (whether or not organized or existing
            under the laws of any State), and any Federal, State,
            local, or foreign government or any entity of any such
            government.
              (15) The term ``Secretary'' means the Secretary of
            Commerce, or the designee of the Secretary of Commerce.
              (16) The term ``State'' means each of the several
            States, the District of Columbia, the Commonwealths of
            Puerto Rico and the Northern Mariana Islands, American
            Samoa, the Virgin Islands, Guam, and any other
            Commonwealth, territory, or possession of the United
            States.
              (17) The term ``Treaty'' means the Treaty on
            Fisheries Between the Governments of Certain Pacific
            Island States and the Government of the United States
            of America, signed in Port Moresby, Papua New Guinea,
            April 2, 1987, and its Annexes, Schedules, and
            implementing agreements.
              (18) The term ``Treaty Area'' means the area so
            described in paragraph 1(k) of Article 1 of the Treaty.

    SEC. 3.\2\ APPLICATION TO OTHER LAWS.

        The seizure by a Pacific Island Party of a vessel of the
    United States shall not be determined to be a seizure described
    in section 205(a)(4)(C) of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1825(a)(4)(C)) \3\
    or section 2 of the Fishermen's Protective Act of 1967 (22
    U.S.C. 1972) if the seizure is found by the Secretary of State
    to be in accordance with the provisions of the Treaty.
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 973a.
        \3\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------

    SEC. 4.\4\ REGULATIONS.

        The Secretary of Commerce, with the concurrence of the
    Secretary of State and after consultation with the Secretary of
    the department in which the Coast Guard is operating, shall
    issue regulations as may be necessary to carry out the purposes
    and objectives of the Treaty and this Act. These regulations
    shall be made applicable as necessary to all persons and
    vessels subject to the jurisdiction of the United States,
    wherever located.
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 973b.
    ---------------------------------------------------------------------------

    SEC. 5.\5\ PROHIBITED ACTS.

        (a) Except as provided in section 6 of this Act, it is
    unlawful for any person subject to the jurisdiction of the
    United States--
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 973c.
    ---------------------------------------------------------------------------
              (1) to violate any provision of this Act or any
            regulation or order issued pursuant to this Act;
              (2) to use a vessel for fishing in violation of an
            applicable national law;
              (3) who has entered into a fishing arrangement under
            paragraph 3 of Article 3 of the Treaty, to violate the
            terms and conditions of such fishing arrangement if the
            Secretary of State has decided under section 18 of this
            Act that Article 4 and paragraph 6 of Article 5 of the
            Treaty shall apply to the arrangement;
              (4) to use a vessel for fishing in any Limited Area
            in violation of any requirement in Schedule 3 of Annex
            I of the Treaty;
              (5) to use a vessel for fishing in any Closed Area;
              (6) to falsify any information required to be
            reported, notified, communicated, or recorded pursuant
            to a requirement of this Act, or to fail to submit any
            required information, or to fail to report to the
            Secretary immediately any change in circumstances which
            has the effect of rendering any such information false,
            incomplete, or misleading;
              (7) to intentionally destroy evidence which could be
            used to determine if a violation of this Act or the
            Treaty has occurred;
              (8) to refuse to permit any Authorized Officer or
            Authorized Party Officer to board a fishing vessel for
            purposes of conducting a search or inspection in
            connection with the enforcement of this Act or the
            Treaty;
              (9) to refuse to comply with the instructions of an
            Authorized Officer or Authorized Party Officer relating
            to fishing activities under the Treaty;
              (10) to forcibly assault, resist, oppose, impede,
            intimidate, or interfere with--
                      (A) any Authorized Officer or Authorized
                    Party Officer in the conduct of a search or
                    inspection in connection with the enforcement
                    of this Act or the Treaty; or
                      (B) an observer in the conduct of observer
                    duties under the Treaty;
              (11) to resist a lawful arrest for any act prohibited
            by this section;
              (12) to interfere with, delay, or prevent, by any
            means, the apprehension or arrest of another person,
            knowing that such other person has committed any act
            prohibited by this section; or
              (13) to ship, transport, offer for sale, sell,
            purchase, import, export, or have custody, control, or
            possession of, any fish taken or retained in violation
            of this Act or any regulation, permit, or the Treaty,
            with the knowledge that the fish were so taken or
            retained.
        (b) Except as provided in section 6 of this Act, it is
    unlawful for any person subject to the jurisdiction of the
    United States when in the Licensing Area--
              (1) to use a vessel to fish unless validly licensed
            as required by the Administrator;
              (2) to use a vessel for directed fishing for southern
            bluefin tuna or for fishing for any kinds of fish other
            than tunas, except that fish may be caught as an
            incidental by-catch;
              (3) to use a vessel for fishing by any method other
            than the purse-seine method;
              (4) to use any vessel to engage in fishing after the
            revocation of its license, or during the period of
            suspension of an applicable license;
              (5) to operate a vessel in such a way as to disrupt
            or in any other way adversely affect the activities of
            traditional and locally based fishermen and fishing
            vessels;
              (6) to use a vessel to fish in a manner inconsistent
            with an order issued by the Secretary under section 11
            of this Act; or
              (7) except for circumstances involving force majeure
            and other emergencies involving the health or safety of
            crew members or the safety of the vessel, to use an
            aircraft in association with the fishing activities of
            a vessel unless it is identified in the license
            application for the vessel, or any amendment thereto.

    SEC. 6.\6\ EXCEPTIONS.

        (a) The prohibitions of section 5 of this Act and the
    licensing requirements of section 9 of this Act shall not apply
    to fishing for albacore tuna by vessels using the trolling
    method or to fishing by vessels using the longline method in
    the high seas areas of the Treaty area.\7\
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 973d.
        \7\ Sec. 402 of Public Law 108-219 (118 Stat. 617) struck out
    ``outside of the 200 nautical mile fisheries zones of the Pacific
    Island Parties.'' and inserted in lieu thereof ``or to fishing by
    vessels using the longline method in the high seas areas of the Treaty
    area.''
    ---------------------------------------------------------------------------
        (b) The prohibitions of section 5 (a)(4), (a)(5), and
    (b)(3) of this Act shall not apply to fishing under the terms
    and conditions of an arrangement which has been reached under
    paragraph 3 of Article 3 of the Treaty and which, pursuant to a
    decision by the Secretary of State under section 18 of this
    Act, is covered by Article 4 and paragraph 6 of Article 5 of
    the Treaty.

    SEC. 7.\8\ CRIMINAL OFFENSES.

        (a) A person is guilty of a criminal offense if he or she
    commits any act prohibited by section 5(a) (8), (10), (11), or
    (12) of this Act.
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 973e.
    ---------------------------------------------------------------------------
        (b) Any offense described in subsection (a) of this section
    is punishable by a fine of not more than $50,000, or
    imprisonment for not more than 6 months, or both; except that
    if in the commission of any such offense the person uses a
    dangerous weapon, engages in conduct that causes bodily injury
    to any Authorized Officer, Authorized Party Officer, or
    observer under the Treaty in the conduct of their duties, or
    places any such Authorized Officer, Authorized Party Officer,
    or observer in fear of imminent bodily injury, the offense is
    punishable by a fine of not more than $100,000 or imprisonment
    for not more than 10 years, or both.
        (c) The district courts of the United States shall have
    jurisdiction over any offense described in this section.

    SEC. 8.\9\ CIVIL PENALTIES.

        (a) Any person who is found by the Secretary, after notice
    and an opportunity for a hearing in accordance with section 554
    of title 5, United States Code, to have committed an act
    prohibited by section 5 of this Act, shall be liable to the
    United States Code for a civil penalty. Before issuing a notice
    of violation, the Secretary shall consult with the Secretary of
    State. The amount of the civil penalty shall be determined in
    accordance with considerations set forth in the Treaty and
    shall take into account the nature, circumstances, extent, and
    gravity of the prohibited acts committed, and with respect to
    the violator, the degree of culpability, any history of prior
    offenses, ability to pay, and such other matters as justice may
    require. Except for those acts prohibited by section 5(a) (4),
    (5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2),
    (3), and (7) of this Act, the amount of the civil penalty shall
    not exceed $250,000 for each violation. Upon written notice,
    the Secretary of State shall have the right to participate in
    any proceeding initiated to assess a civil penalty for
    violation of this Act.
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 973f.
    ---------------------------------------------------------------------------
        (b) Any person against whom a civil penalty is assessed
    under subsection (a) of this section may obtain review thereof
    in the United States district court for the appropriate
    district by filing a complaint in such court within 30 days
    from the date of the order and by simultaneously serving a copy
    of the complaint by certified mail on the Secretary, the
    Attorney General of the United States, and the appropriate
    United States Attorney. The Secretary shall promptly file in
    the court a certified copy of the record upon which the
    violation was found or the penalty imposed. The findings and
    order of the Secretary shall be set aside or modified by the
    court if they are not found to be supported by substantial
    evidence, as provided in section 706(2) of title 5, United
    States Code.
        (c) Except as provided in subsection (g) of this section,
    if any person fails to pay an assessment of a civil penalty
    after it has become a final and unappealable order, or after
    the appropriate court has entered final judgment in favor of
    the Secretary, the Secretary shall refer the matter to the
    Attorney General of the United States, who shall recover the
    amount assessed in any appropriate district court of the United
    States.
        (d) Except as provided in subsection (g) of this section, a
    fishing vessel (including its fishing gear, furniture,
    appurtenances, stores, and cargo) used in the commission of an
    act prohibited by section 5 of this Act shall be liable in rem
    for any civil penalty assessed for the violation under section
    8 of this Act and may be proceeded against in any district
    court of the United States having jurisdiction thereof. The
    penalty shall constitute a maritime lien on the vessel which
    may be recovered in an action in rem in the district court of
    the United States having jurisdiction over the vessel.
        (e) The Secretary, after consultation with the Secretary of
    State, may compromise, modify, or remit, with or without
    conditions, any civil penalty which is subject to imposition or
    which has been imposed under this section.
        (f) For the purposes of conducting any hearing under this
    section, the Secretary may issue subpoenas for the attendance
    and testimony of witnesses and the production of relevant
    papers, books, and documents, and may administer oaths.
    Witnesses summoned shall be paid the same fees and mileage that
    are paid to witnesses in the courts of the United States. In
    case of contempt or refusal to obey a subpoena served upon a
    person pursuant to this subsection, the district court of the
    United States for any district in which the person is found,
    resides, or transacts business, upon application by the United
    States and after notice to the person, shall have jurisdiction
    to issue an order requiring the person to appear and give
    testimony before the Secretary or to appear and produce
    documents before the Secretary, or both, and any failure to
    obey the order of the court may be punished by the court as a
    contempt thereof.
        (g) If a vessel used in a violation of section 5(a) (1),
    (2), (3), (4), (5), (6), (7), (8), (9), or (13) or section 5(b)
    of this Act for which a civil penalty has been assessed--
              (1) had a valid license under the Treasury at the
            time of the violation, and
              (2) within 60 days after the penalty assessment has
            become final, leaves and remains outside of the
            Licensing Area, all Limited Areas closed to fishing,
            and all Closed Areas until the final penalty has been
            paid,
    there shall be no referral to the Attorney General under
    subsection (c) of this section or in rem action under
    subsection (d) of this section in connection with such civil
    penalty.

    SEC. 9.\10\ LICENSES.

        (a) Licenses to fish in the Licensing Area, to be issued by
    the Administrator in accordance with the Treaty, may be
    requested from the Secretary by operators of vessels, under
    procedures established by the Secretary. The license
    application shall designate an agent for the service of legal
    process to be located in Port Moresby, Papua New Guinea. The
    applicant shall ensure that the designated agent for service of
    process, acting on behalf of the license holder, will receive
    and respond to any legal process issued in accordance with the
    Treaty and will, within 21 days after notification, travel if
    necessary for this purpose to any Pacific Island Party at no
    expense to that Party.
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 973g.
    ---------------------------------------------------------------------------
        (b) Except as provided in subsections (e), (f), and (g) of
    this section, the Secretary shall forward a vessel license
    application to the Secretary of State for transmittal to the
    Administrator whenever such application is in accordance with
    application procedures established by the Secretary, includes a
    complete application form as required by Annex II of the
    Treaty, and is accompanied by the required license fee.
        (c)(1) In the initial year of implementation, fees for the
    first 40 vessel licenses shall be at least $50,000 each, for
    any 10 vessel licenses in addition to the first 40 shall be
    $60,000 each, and for vessel licenses in addition to the first
    50 shall be in accordance with Annex II of the Treaty.
        (2) After such initial year, fees for vessel licenses shall
    be paid in accordance with fee schedules established under
    Annex II of the Treaty and published by the Secretary.
        (d) Licenses shall be valid for the licensing period
    specified by the Administrator.
        (e) The Secretary may establish a system of allocating
    licenses in the event more applications are received than there
    are licenses available.
        (f) For the initial year of implementation, license fees
    totaling at least $1,750,000 must be received by the Secretary
    before any license applications will be forwarded to the
    Secretary of State for transmittal to the Administrator.
        (g) The Secretary, in consultation with the Secretary of
    State, may determine that a license application should not be
    forwarded to the Administrator for one of the following
    reasons:
              (1) where the application is not in accordance with
            the Treaty or the procedures established by the
            Secretary;
              (2) where the owner or charterer is the subject of
            proceedings under the bankruptcy laws of the United
            States, unless reasonable financial assurances have
            been provided to the Secretary;
              (3) where the owner or charterer has not established
            to the satisfaction of the Secretary that the fishing
            vessel is fully insured against all risks and
            liabilities normally provided in maritime liability
            insurance;
              (4) where the owner or charterer has not paid any
            penalty which has become final, assessed by the
            Secretary in accordance with this Act.
        (h) \11\ Notwithstanding the requirements of--
    ---------------------------------------------------------------------------
        \11\ Sec. 801 of Public Law 104-43 (109 Stat. 395) added subsec.
    (h).
    ---------------------------------------------------------------------------
              (1) section 1 of the Act of August 26, 1983 (97 Stat.
            587; 46 U.S.C. 12108);
              (2) the general permit issued on December 1, 1980, to
            the American Tunaboat Association under section
            104(h)(1) of the Marine Mammal Protection Act (16
            U.S.C. 1374(h)(1)); and
              (3) sections 104(h)(2) and 306(a) of the Marine
            Mammal Protection Act (16 U.S.C. 1374(h)(2) and
            1416(a))--
    any vessel documented under the laws of the United States as of
    the date of enactment of the Fisheries Act of 1995 for which a
    license has been issued under subsection (a) may fish for tuna
    in the Treaty Area, including those waters subject to the
    jurisdiction of the United States in accordance with
    international law, subject to the provisions of the treaty and
    this Act, provided that no such vessel fishing in the Treaty
    Area intentionally deploys a purse seine net to encircle any
    dolphin or other marine mammal in the course of fishing under
    the provisions of the Treaty or this Act.

    SEC. 10.\12\ ENFORCEMENT.

        (a) The provisions of this Act shall be enforced by the
    Secretary in cooperation with the Secretary of State. The
    Secretary, after consultation with the Secretary of State, may
    by agreement, on a reimbursable basis or otherwise, utilize the
    personnel, services, equipment (including aircraft and
    vessels), and facilities of any other Federal agency and of any
    State agency in the performance of these duties.
    ---------------------------------------------------------------------------
        \12\ 16 U.S.C. 973h.
    ---------------------------------------------------------------------------
        (b)(1) The Secretary shall, at the request of a Pacific
    Island Party made to the Secretary of State, fully investigate
    any alleged infringement of the Treaty involving a vessel of
    the United States, and report as soon as practicable, and in
    any case within 2 months, to that Party through the Secretary
    of State on any action taken or proposed by the Secretary in
    regard to the alleged infringement.
        (2) Upon commencement of an investigation under paragraph
    (1) of this subsection, the Secretary shall notify the operator
    of any vessel concerned regarding--
              (A) the nature of the investigation;
              (B) the right of the operator to submit comments,
            information, or evidence bearing on the investigation
            and to receive, upon the operator's timely written
            request to the Secretary, an opportunity to present
            such comments, information, or evidence orally to the
            Secretary or the Secretary's representative within 30
            days after receipt of such notification.
        (c)(1) Prior to instituting any legal proceedings under
    this Act for any action which involves an alleged infringement
    of the Treaty in waters within the jurisdiction of a Pacific
    Island Party, the Secretary, through the Secretary of State,
    shall notify the Pacific Island Party in accordance with
    paragraph 8 of Article 4 of the Treaty that the proceedings
    will be instituted. Such notice shall include a statement of
    the facts believed to show an infringement of the Treaty and
    the nature of the proposed proceedings, including any proposed
    charges and any proposed penalties. The Secretary shall not
    institute such proceedings if the Pacific Island Party objects
    within 30 days after the effective date of the notice under
    Article 10 of the Treaty.
        (2) The Pacific Island Party exercising jurisdiction over
    the waters involved in such a legal proceeding shall be
    promptly notified by the Secretary, through the Secretary of
    State, concerning the outcome of the proceeding.
        (d)(1) Any Authorized Officer may--
              (A) with or without a warrant or other process--
                      (i) arrest any person, if he has reasonable
                    cause to believe that the person has committed
                    any act subject to prosecution under section 7
                    of this Act;
                      (ii) board, and search or inspect, any
                    fishing vessel which is subject to the
                    provisions of this Act; or
                      (iii) seize samples of fish or items for
                    evidence (other than the vessel or its fishing
                    gear or equipment) related to any violation of
                    any provision of this Act;
                      (iv) order a vessel into the most convenient
                    port of the United States for investigation
                    when an investigation has been requested by a
                    Pacific Island Party in accordance with the
                    Treaty and when such an order is necessary to
                    gather information for such an investigation;
              (B) execute any warrant or other process issued by
            any court of competent jurisdiction;
              (C) exercise any other lawful authority; and
              (D) investigate alleged violations of the Treaty to
            the same extent authorized to investigate alleged
            violations of this Act.
        (2) To the extent possible, Authorized Officers shall
    exercise their powers under paragraph (1)(A) (ii), (iii), and
    (iv) of this subsection so as not to interfere unduly with the
    lawful operation of the vessel.
        (3) Nothing in this Act shall be construed to limit the
    enforcement of this or other applicable Federal laws under
    section 89 of title 14, United States Code.
        (e) The district courts of the United States shall have
    exclusive jurisdiction over any case or controversy arising
    under the provisions of this Act.

    SEC. 11.\13\ FINDINGS BY THE SECRETARY.

        (a) Following any investigation conducted in accordance
    with section 10(b) of this Act, the Secretary, with the
    concurrence of the Secretary of State, and upon the request of
    the Pacific Island Party concerned, may order a fishing vessel
    which has not submitted to the jurisdiction of that Pacific
    Island Party to leave immediately the Licensing Area, all
    Limited Areas, and all Closed Areas upon making a finding--
    ---------------------------------------------------------------------------
        \13\ 16 U.S.C. 973i.
    ---------------------------------------------------------------------------
              (1) that the fishing vessel--
                      (A) while fishing in the Licensing Area did
                    not have a license under the Treaty to fish in
                    the Licensing Area, and that under paragraph 2
                    of Article 3 of the Treaty, such fishing is not
                    authorized to be conducted in the Licensing
                    Area without a license;
                      (B) was involved in any incident in which an
                    Authorized Officer, Authorized Party Officer,
                    or observer was allegedly assaulted with
                    resultant bodily harm, physically threatened,
                    forcefully resisted, refused boarding, or
                    subjected to physical intimidation or physical
                    interference in the performance of duties as
                    authorized by this Act or the Treaty;
                      (C) has not made full payment within 60 days
                    of any amount due as a result of a final
                    judgment or other final determination deriving
                    from a violation in waters within the Treaty
                    Area of a Pacific Island Party; or
                      (D) was not represented by an agent for
                    service of process in accordance with the
                    Treaty; or
              (2) that there is probable cause to believe that the
            fishing vessel--
                      (A) was used in violation of section 5
                    (a)(4), (a)(5), (b)(2), or (b)(3) of this Act;
                      (B) used an aircraft in violation of section
                    5(b)(7); or
                      (C) was involved in an incident in which
                    section 5(a)(7) was violated.
        (b) Upon being advised by the Secretary of State that
    proper notification to Parties has been made under paragraph 7
    of Article 5 of the Treaty that a Pacific Island Party is
    investigating an alleged infringement of the Treaty by a vessel
    in waters under the jurisdiction of such Pacific Island Party,
    the Secretary shall order the vessel to leave such waters until
    the Secretary of State notifies the Secretary that such order
    is no longer necessary.
        (c) The Secretary shall rescind any order issued on the
    basis of a finding under subsection (a)(1) (C) or (D) of this
    section as soon as the Secretary determines that the facts
    underlying the finding do not apply.
        (d) No order issued in accordance with this section is
    subject to judicial review.
        (e) Upon a request by the Secretary, the Attorney General
    shall commence a civil action for appropriate relief, including
    permanent or temporary injunction, to enforce any order issued
    by the Secretary under this section.

    SEC. 12.\14\ REPORTING.

        (a) Holders of licenses shall comply with the reporting
    requirements of part 4 of Annex I to the Treaty.
    ---------------------------------------------------------------------------
        \14\ 16 U.S.C. 973j.
    ---------------------------------------------------------------------------
        (b) Information provided by license holders in Schedules 5
    and 6 of Annex I of the Treaty shall be provided to the
    Secretary for transmittal to the Administrator and to an entity
    designated by the license holder. Such information thereafter
    shall not be released and shall be maintained as confidential
    by the Secretary, including information requested under the
    Freedom of Information Act, unless disclosure is required under
    court order or unless the information is essential for an
    enforcement action under section 5, 10(b), 10(c), or 11 of this
    Act, or any other proper law enforcement action.

    SEC. 13.\15\ CLOSED AREA STOWAGE REQUIREMENTS.

        At all times while a vessel is in a Closed Area, the
    fishing gear of the vessel shall be stowed in such a manner as
    not to be readily available for fishing. In particular, the
    boom shall be lowered as far as possible so that the vessel
    cannot be used for fishing, but so that the skiff is accessible
    for use in emergency situations; the helicopter, if any, shall
    be tied down; and launches shall be secured.
    ---------------------------------------------------------------------------
        \15\ 16 U.S.C. 973k.
    ---------------------------------------------------------------------------

    SEC. 14.\16\ OBSERVERS.

        (a) The operator and each member of the crew of a vessel
    shall allow and assist any individual identified as an observer
    under the Treaty by the Pacific Island Parties--
    ---------------------------------------------------------------------------
        \16\ 16 U.S.C. 973l.
    ---------------------------------------------------------------------------
              (1) to board the vessel for scientific, compliance,
            monitoring and other functions at the point and time
            notified by the Pacific Island Parties to the
            Secretary;
              (2) without interfering unduly with the lawful
            operation of the vessel, to have full access to and use
            of facilities and equipment on board the vessel which
            the observer may determine are necessary to carry out
            observer duties; have full access to the bridge, fish
            on board, and areas which may be used to hold, process,
            weigh, and store fish; remove samples; have full access
            to the vessel's records, including its log and
            documentation for the purpose of inspection and
            copying; and gather any other information relating to
            fisheries in the Licensing Area;
              (3) to disembark at the point and time notified by
            the Pacific Island Parties to the Secretary; and
              (4) to carry out observer duties safely.
        (b) The operator shall provide any such observer, while on
    board the vessel, at no expense to the Pacific Island Parties,
    with food, accommodation, and medical facilities of such
    reasonable standard as may be acceptable to the Pacific Island
    Party whose representative is serving as the observer.
        (c) The operator of any vessel from which any fish taken in
    the Licensing Area is unloaded shall allow, or arrange for, and
    assist any individual so authorized by the Pacific Island
    Parties to have full access to any place where such fish is
    unloaded, to remove samples, and to gather any other
    information relating to fisheries in the Licensing Area.

    SEC. 15.\17\ TECHNICAL ASSISTANCE.

        The United States tuna industry shall provide $250,000
    annually in technical assistance, including provision of
    assistance by technicians, in response to requests coordinated
    through the Administrator. The Secretary of State shall
    designate an entity to coordinate the provision of such
    technical assistance as provided by the United States tuna
    industry and to provide an annual report to the Secretary of
    State regarding the provision of such technical assistance.
    ---------------------------------------------------------------------------
        \17\ 16 U.S.C. 973m.
    ---------------------------------------------------------------------------

    SEC. 16.\18\ ARBITRATION.

        In the event of a dispute requiring the establishment of an
    arbitral tribunal under Article 6 of the Treaty, the Secretary
    of State, in consultation with the Secretary, shall appoint the
    arbitrator to be appointed by the United States under paragraph
    3 of that Article, and shall represent the United States in
    reaching agreement under such paragraph with each Pacific
    Island Party involved concerning the appointment of the
    presiding arbitrator of the tribunal.
    ---------------------------------------------------------------------------
        \18\ 16 U.S.C. 973n.
    ---------------------------------------------------------------------------

    SEC. 17.\19\ DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER
                        MONEYS.

        To the extent required by Article 4 of the Treaty, an
    amount equivalent to the total value of any fine, penalty, or
    other amount collected as a result of any action, judicial or
    otherwise, taken pursuant to sections 7 and 8 of this Act shall
    be paid by the United States through the Secretary of State to
    the Administrator as soon as reasonably possible following the
    date that such amount is collected.
    ---------------------------------------------------------------------------
        \19\ 16 U.S.C. 973o.
    ---------------------------------------------------------------------------

    SEC. 18.\20\ ADDITIONAL AGREEMENTS.

        Within 30 days after the Secretary of State's receipt of
    notice from a Pacific Island Party that it has concluded an
    arrangement pursuant to paragraph 3 of Article 3 of the Treaty,
    the Secretary of State shall consult with the Secretary
    concerning whether the procedures of Article 4 and paragraph 6
    of Article 5 of the Treaty should be made applicable to such
    arrangement. At the conclusion of the consultations the Pacific
    Island Party and all other persons agreeing to the arrangement
    shall be notified by the Secretary of State of the resulting
    decision.
    ---------------------------------------------------------------------------
        \20\ 16 U.S.C. 973p.
    ---------------------------------------------------------------------------

    SEC. 19.\21\ SECRETARY OF STATE TO ACT FOR THE UNITED STATES.

        The Secretary of State is authorized to receive on behalf
    of the United States reports, requests, and other
    communications from the Administrator and to act thereon
    directly or by reference to the appropriate authorities. The
    Secretary of State, after consultations with the Secretary, may
    accept or reject, on behalf of the United States, changes or
    amendments to Annex I of the Treaty and its Schedules and Annex
    II to the Treaty and its Schedules.
    ---------------------------------------------------------------------------
        \21\ 16 U.S.C. 973q.
    ---------------------------------------------------------------------------

    SEC. 20.\22\ AUTHORIZATION OF APPROPRIATIONS.

        (a) There are authorized to be appropriated for fiscal
    years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000,
    2001, and 2002 \23\ such sums as may be necessary for carrying
    out the purposes and provisions of the Treaty and this Act
    including--
    ---------------------------------------------------------------------------
        \22\ 16 U.S.C. 973r.
        \23\ Sec. 3(b) of Public Law 102-523 (106 Stat. 3433) struck out
    ``1988, 1989, 1990, 1991, and 1992'' each place it appeared in sec. 20,
    and inserted in lieu thereof ``1992, 1993, 1994, 1995, 1996, 1997,
    1998, 1999, 2000, 2001, and 2002''.
    ---------------------------------------------------------------------------
              (1) for fiscal years 1992, 1993, 1994, 1995, 1996,
            1997, 1998, 1999, 2000, 2001, and 2002,\23\ an amount
            not to exceed $350,000 annually to the Department of
            Commerce for administrative expenses; and
              (2) for fiscal years 1988, 1989, 1990, 1991, and
            1992, an amount not to exceed $50,000 annually to the
            Department of State for administrative expenses.
        (b) Funds appropriated for the purposes of the Treaty may
    be used notwithstanding any of the provisions of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or of any
    appropriations Act that imposes restrictions on the maintenance
    or use of cash transfer assistance, which are inconsistent with
    the provisions of the Treaty.

    SEC. 21.\24\ EFFECTIVE DATE.

        (a) Except as provided in subsection (b) of this section,
    this Act shall be effective on the date on which the Treaty
    enters into force for the United States.
    ---------------------------------------------------------------------------
        \24\ 16 U.S.C. 973 note.
    ---------------------------------------------------------------------------
        (b)(1) The authority to promulgate regulations pursuant to
    this Act shall be effective on the date of enactment of this
    Act.
        (2) Any regulation promulgated pursuant to this Act shall
    not be effective before the date on which the Treaty enters
    into force for the United States.
              d. Eastern Pacific Ocean Tuna Licensing Act of 1984

    Public Law 98-445 [H.R. 5147], 98 Stat. 1715, approved October 4, 1984;
     as amended by Public Law 104-208 [Department of Commerce and Related
      Agencies Appropriations Act; title II of sec. 101(a) of title I of
    Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 30,
                                      1996

     AN ACT To implement the Eastern Pacific Ocean Tuna Fishing Agreement,
                signed in San Jose, Costa Rica, March 15, 1983.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Eastern Pacific Tuna Licensing Act of
    1984''.

    SEC. 2.\1\ DEFINITIONS.

        As used in this Act--
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 972.
    ---------------------------------------------------------------------------
              (1) The term ``Agreement'' means the Eastern Pacific
            Ocean Tuna Fishing Agreement, signed in San Jose, Costa
            Rica, March 15, 1983.
              (2) The term ``Agreement Area'' means the area within
            a perimeter determined as follows: From the point on
            the mainland where the parallel of 40 degrees north
            latitude intersects the coast westward along the
            parallel of 40 degrees north latitude to 40 degrees
            north latitude by 125 degrees west longitude to 20
            degrees north latitude by 125 degrees west longitude,
            thence southerly along the meridian of 125 degrees west
            longitude to 20 degrees north latitude by 125 degrees
            west longitude, thence easterly along the parallel of
            20 degrees north latitude to 20 degrees latitude by 120
            degrees west longitude, thence southerly along the
            meridian of 120 degrees west longitude to 5 degrees
            north latitude by 120 degrees west longitude, thence
            easterly along the parallel of 5 degrees north latitude
            to 5 degrees north latitude by 110 degrees west
            longitude, thence southerly along the meridian of 110
            degrees west longitude to 10 degrees south latitude by
            110 degrees west longitude, thence easterly along the
            parallel of 10 degrees south latitude to 10 degrees
            south latitude by 90 degrees west longitude, thence
            southerly along the meridian of 90 degrees west
            longitude to 30 degrees south latitude by 90 degrees
            west longitude, thence easterly along the parallel of
            30 degrees south latitude to the point on the mainland
            where the parallel intersects the coast; but the
            Agreement Area does not include the zones within twelve
            nautical miles of the baseline from which the breadth
            of territorial sea is measured and the zones within two
            hundred nautical miles of the baselines of Coastal
            States not signatories to the Agreement, measured from
            the same baseline.
              (3) The term ``designated species of tuna'' means
            yellowfin tuna, Thunnus albacares (Bonnaterre, 1788);
            bigeye tuna, Thunnus obesus (Lowe, 1839); albacore
            tuna, Thunnus alalunga (Bonnaterre, 1788); northern
            bluefin tuna, Thunnus thynnus (Linnaeus, 1758):
            southern bluefin tuna, Thunnus maccoyil (Castelnau,
            1872); skipjack tuna, Katsuwonus pelamis (Linnaeus
            1578); black skipjack, Euthynnus Lineatus (Kishinouye
            1920); kawakawa, Euthynnus affinis (Cantor, 1849);
            bullet tuna, Auxis rochei (Risso, 1810), frigate tuna,
            Ausix (Lacepede, 1800); eastern Pacific bonito, Sarda
            chiliensis (Cuvier in Cuvier and Valenciennes, 1831);
            and Indo-Pacific bonito, Sarda orientalis (Temminck and
            Schlegel, 1844).
              (4) The term ``Council'' means the body consisting of
            the representatives from each Contracting Party to the
            Agreement which is a Coastal State of the eastern
            Pacific Ocean or a member of the Inter-American
            Tropical Tuna Commission at the time of entry into
            force of the Agreement.

    SEC. 3.\2\ UNITED STATES REPRESENTATION ON THE COUNCIL.

        (a) The Secretary of State--
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 972a.
    ---------------------------------------------------------------------------
              (1) shall appoint a United States representative to
            the Council; and
              (2) may appoint not more than three alternate United
            States representatives to the Council.
        (b) An individual is not eligible for appointment as, or to
    serve as, the United States representative under subsection
    (a)(1) unless the individual is an officer or employee of the
    United States Government.
        (c) An individual is not entitled to compensation for
    serving as the United States representative or an alternate
    United States representative.
        (d) While away from home or a regular place of business in
    the performance of service as the United States representative
    or an alternate United States representative, an individual is
    entitled to travel expenses, including per diem in lieu of
    subsistence, in the same manner as individuals employed
    intermittently in Government service are allowed expenses under
    section 5703(b) of title 5 of the United States Code.

    SEC. 4.\3\ SECRETARY OF STATE TO ACT FOR THE UNITED STATES.

        The Secretary of State shall receive, on behalf of the
    United States Government, reports, requests, recommendations
    and other communications of the Council, and, in consultation
    with the Secretary of Commerce, shall act directly thereon or
    by reference to the appropriate authorities.
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 972b.
    ---------------------------------------------------------------------------

    SEC. 5.\4\ APPLICATION TO OTHER LAWS.

        (a) Notwithstanding section 4 of the Fishermen's Protective
    Act of 1967 (22 U.S.C. 1874), such Act applies with respect to
    a seizure by a Contracting Party to the Agreement of a vessel
    of the United States within the Agreement Area for violation of
    the Agreement if the Secretary of State determines that the
    violation is not of such seriousness as to diminish the
    effectiveness of the Agreement.
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 972c.
    ---------------------------------------------------------------------------
        (b) The seizure by a Contracting Party to the Agreement of
    a vessel of the United States shall not be considered to be a
    seizure described in section 205(a)(4)(C) of the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C.
    1825(a)(4)(C)) \5\ if the seizure is consistent with the
    Agreement.
    ---------------------------------------------------------------------------
        \5\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------

    SEC. 6.\6\ DISPOSITION OF FEES.

        All fees accruing to the United States under Article III Of
    the Agreement shall be deposited into the Treasury of the
    United States.
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 972d.
    ---------------------------------------------------------------------------

    SEC. 7.\7\ REGULATIONS.

        The Secretary of Commerce, in cooperation with the
    Secretary of State of the department in which the Coast Guard
    is operating, shall issue such regulations as may be necessary
    to carry out the purposes and objectives of the Agreement and
    this Act. Regulations may be made applicable as necessary to
    all persons and vessels subject to the jurisdiction of the
    United States, wherever located. Regulations concerning the
    conservation of a designated species of tuna may be issued only
    to implement conservation recommendations made by the Council
    under Article 3(D) of the Agreement.
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 972e.
    ---------------------------------------------------------------------------

    SEC. 8.\8\ PROHIBITED ACTS.

        (a) It is unlawful for any person subject to the
    jurisdiction of the United States--
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 972f.
    ---------------------------------------------------------------------------
              (1) to engage in fishing for a designated species of
            tuna within the Agreement Area unless issued a license
            under the Agreement authorizing such fishing;
              (2) to engage in fishing for a designated species of
            tuna within the Agreement area in contravention of
            regulations promulgated by the Secretary of the
            Commerce under the Agreement:
              (3) knowingly to ship, transport, purchase, sell,
            offer for sale, export, or have in custody, possession,
            or control any designated species of tuna taken or
            retained in violation of regulations issued under
            section 7;
              (4) to fail to make, keep, or furnish any catch
            return, statistical record, or other report required by
            regulations issued under section 7;
              (5) being a person in charge of a vessel of the
            United States, to fail to stop upon being hailed by an
            authorized official of the United States, or to refuse
            to permit officials of the United States to board the
            vessel or inspect its catch, equipment, books,
            documents, records, or other articles, or to question
            individuals on board; or
              (6) to import from any country, in violation of any
            regulation issued under section 7, any designated
            species of tuna.
        (b) Any person who is convicted of violating--
              (1) subsection (a)(1), (a)(2), (a)(3) shall be fined
            or assessed a civil penalty not more than $25,000, and
            for a subsequent violation shall be fined or assessed a
            civil penalty not more than $50,000;
              (2) subsection (a)(4) or (a)(5) shall be fined or
            assessed a civil penalty not more than $5,000, and for
            a subsequent violation shall be fined or assessed a
            civil penalty not more than $5,000; or
              (3) subsection (a)(6) shall be fined or assessed a
            civil penalty not more than $100,000.
        (c) All designated species of tuna taken or retained in
    violation of subsection (a) (1), (2), (3), or (6), or the
    monetary value thereof, is subject to forfeiture.
        (d) All provisions of law relating to the seizure, judicial
    forfeiture, and condemnation of a cargo for violation of the
    customs laws, the disposition of such cargo or the proceeds
    from the sale thereof, and the remission or mitigation of such
    forfeitures shall apply to seizures and forfeitures incurred,
    or alleged to have been incurred, under this Act, insofar as
    such provisions of law are applicable and not inconsistent with
    the provisions of this Act.

    SEC. 9.\9\ ENFORCEMENT.

        (a) The judges of the United States district courts and
    United States magistrates may, within their respective
    jurisdictions, upon proper oath or affirmation showing probable
    cause, issue such warrants or other process as may be required
    for enforcement of this Act and the regulations issued under
    section 7.
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 972g.
    ---------------------------------------------------------------------------
        (b) The enforcement of this Act and the regulations issued
    under section 7 shall be the joint responsibility of the
    department in which the Coast Guard is operating, the
    Department of Commerce, and the United States Customs Service.
    In addition, the Secretary of Commerce may designate officers
    and employees of the States of the United States, of the
    Commonwealth of Puerto Rico, and of American Samoa to carry out
    enforcement activities under this section. When so designated,
    such officers and employees may function as Federal law
    enforcement agents for these purposes.
        (c) An individual authorized to carry out enforcement
    activities under this section has power to execute any warrant
    or process issued by any officer or court of competent
    jurisdiction for the enforcement of this Act.
        (d) An individual so authorized to carry out enforcement
    activities under this section has power--
              (1) with or without a warrant or other process, to
            arrest any person subject to the jurisdiction of the
            United States at any place within the jurisdiction of
            the United States committing in his presence or view a
            violation of this Act or the regulations issued under
            section 7;
              (2) with or without a warrant or other process, to
            search any vessel subject to the jurisdiction of the
            United States, and, if as a result of the search he has
            reasonable cause to believe that such vessel or any
            individual on board is engaging in operations in
            violation of this Act or any regulation issued
            thereunder to arrest such person.
        (e) An individual authorized to enforce this Act may seize,
    whenever or wherever lawfully found, all species of designated
    tuna taken or retained in violation of this Act or the
    regulations issued under section 7. Any species so seized may
    be disposed of pursuant to the order of a court of competent
    jurisdiction, under subsection (f) of this section or, if
    perishable, in a manner prescribed by regulations of the
    Secretary of Commerce.
        (f) Notwithstanding the provisions of section 2464 of title
    28, United States Code, when a warrant of arrest or other
    process in rem is issued in any cause under this section, the
    marshal or other officer shall stay the execution of such
    process, or discharge any species of designated tuna seized if
    the process has been levied, on receiving from the claimant of
    the species a bond or stipulation for the value of the property
    with sufficient surety to be approved by a judge of the
    district court having jurisdiction of the offense, conditioned
    to deliver the species seized, if condemned, without impairment
    in value or, in the discretion of the court, to pay the
    equivalent value in money or otherwise to answer the decree of
    the court in such case. Such bond or stipulation shall be
    returned to the court and judgment thereon against both the
    principal and sureties may be recovered in event of any breach
    of the conditions thereof as determined by the court. In the
    discretion of the accused, and subject to the direction of the
    court, the species may be sold for not less than its reasonable
    market value and the proceeds of such sale placed in the
    registry of the court pending judgment in the case.

    SEC. 10.\10\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated for fiscal years
    after fiscal year 1984 such sums as may be necessary to carry
    out this Act.
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 972h.
     e. Atlantic Tunas Convention Act of 1975, Appropriation Authorization

     Partial text of Public Law 96-339 [S. 2549], 94 Stat. 1069, approved
     September 4, 1980; as amended by Public Law 104-43 [Fisheries Act of
     1995; H.R. 716], 109 Stat. 366, approved November 3, 1995; Public Law
      104-208 [Department of Commerce and Related Agencies Appropriations
      Act; title II of sec. 101(a) of title I of Public Law 104-208; H.R.
    3610], 110 Stat. 3009, approved September 30, 1996; and Public Law 105-
          384 [H.R. 3461], 112 Stat. 3451, approved November 13, 1998

      AN ACT To authorize appropriations for fiscal years 1981, 1982, and
       1983 for the Atlantic Tunas Convention Act of 1975, and for other
                                   purposes.

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

    SECTION 1. AMENDMENTS TO ATLANTIC TUNAS CONVENTION ACT OF 1975.

              * * * * * * *

    SEC. 2.\1\ OBSERVER PROGRAM REGARDING CERTAIN FOREIGN FISHING.

        (a) Definitions.--As used in this section--
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1827.
    ---------------------------------------------------------------------------
              (1) The term ``Act of 1976'' means the Magnuson-
            Stevens Fishery Conservation and Management Act (16
            U.S.C. 1801 et seq.).\2\
    ---------------------------------------------------------------------------
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (2) The term ``billfish'' means any species of
            marlin, spearfish, sailfish or swordfish.
              (3) The term ``Secretary'' means the Secretary of
            Commerce.
        (b) Observer Program.--The Secretary shall establish a
    program under which a United States observer will be stationed
    aboard each foreign fishing vessel while that vessel--
              (1) is in waters that are within--
                      (A) the fishery conservation zone \3\
                    established under section 101 of the Act of
                    1976, and
    ---------------------------------------------------------------------------
        \3\ Sec. 101(c)(2) of Public Law 99-659 (100 Stat. 3707) amended
    generally sec. 101 of the Magnuson-Stevens Fishery Conservation and
    Management Act, which established the fishery conservation zone. Sec.
    101, amended, relates to United States sovereign rights to fish and
    fishery management authority within the ``exclusive economic zone''.
    ---------------------------------------------------------------------------
                      (B) the Convention area as defined in Article
                    I of the International Convention for the
                    Conservation of Atlantic Tunas; and
              (2) is taking or attempting to take any species of
            fish if such taking or attempting to take may result in
            the incidental taking of billfish.
    The Secretary may acquire observers for such program through
    contract with qualified private persons.
        (c) Functions of Observers.--United States observers, while
    aboard foreign fishing vessels as required under subsection
    (b), shall carry out such scientific and other functions as the
    Secretary deems necessary or appropriate to carry out this
    section.
        (d) Fish.--There is imposed for each year after 1980 on the
    owner or operator or each foreign fishing vessel that, in the
    judgment of the Secretary, will engage in fishing in waters
    described in subsection (b)(1) during that year which may
    result in the incidental taking of billfish a fee in an amount
    sufficient to cover all of the costs of providing an observer
    aboard that vessel under the program established under
    subsection (a). The fees imposed under this subsection for any
    year shall be paid to the Secretary before that year begins.
    All fees collected by the Secretary under this subsection shall
    be deposited in the Fund established by subsection (e).
        (e) Fund.--There is established in the Treasury of the
    United States the Foreign Fishing Observer Fund. The Fund shall
    be available to the Secretary as a revolving fund for the
    purpose of carrying out this section.\4\ The Fund shall consist
    of the fees deposited into it as required under subsection (d).
    All payments made by the Secretary to carry out this section
    shall be paid from the Fund, only to the extent and in the
    amounts provided for in advance in appropriation Acts. Sums in
    the Fund which are not currently needed for the purposes of
    this section shall be kept on deposit or invested in
    obligations of, or guaranteed by, the United States.
    ---------------------------------------------------------------------------
        \4\ The Department of Commerce Appropriations Act, 2003 (title II
    of Division B Public Law 108-7; 117 Stat. 76), provided:
    ---------------------------------------------------------------------------

    ``foreign fishing observer fund
    ---------------------------------------------------------------------------

        ``For expenses necessary to carry out the provisions of the
    Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339),
    the Magnuson-Stevens Fishery Conservation and Management Act of 1976,
    as amended (Public Law 100-627) , the American Fisheries Promotion Act
    (Public Law 96-561) and the International Dolphin Conservation Program
    Act (Public Law 105-42), to be derived from the fees imposed under the
    foreign fishery observer program authorized by these Acts, not to
    exceed $1,000, to remain available until expended.''.
    ---------------------------------------------------------------------------
        (f) Prohibited Acts.--(1) It is unlawful for any person who
    is the owner or operator of a foreign fishing vessel to which
    this section applies--
              (A) to violate any regulation issued under subsection
            (g);
              (B) to refuse to pay the fee imposed under subsection
            (d) after being requested to do so by the Secretary; or
              (C) to refuse to permit an individual who is
            authorized to act as an observer under this section
            with respect to that vessel to board the vessel for
            purposes of carrying out observer functions.
        (2) Section 308 of the Act of 1976 (relating to civil
    penalties) applies to any act that is unlawful under paragraph
    (1), and for purposes of such application the commission of any
    such act shall be treated as an act the commission of which is
    unlawful under section 307 of the Act of 1976.
        (g) Regulations.--The Secretary shall issue such
    regulations as are necessary or appropriate to carry out this
    section.

    SEC. 3.\5\ RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.

        (a) \6\ Biennial Report on Bluefin Tuna.--The Secretary of
    Commerce shall prepare, for each biennial period commencing
    with the period covering calendar years 1981 and 1982, and
    submit to the Congress a report setting forth, with respect to
    such biennial period--
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 971i. Sec. 302(b)(1) of the Atlantic Tunas Convention
    Authorization Act of 1995 (Public Law 104-43; 109 Stat. 382) amended
    and restated the section catchline, which formerly read: ``reports
    regarding bluefin tuna.''.
        \6\ Sec. 302(b)(3) of Public Law 104-43 (109 Stat. 382) inserted
    subsec. designation and subsec. heading.
    ---------------------------------------------------------------------------
              (1) the level of taking of bluefin tuna by United
            States fishermen in the Convention area as defined in
            Article I of the International Convention for the
            Conservation of Atlantic Tunas;
              (2) the status of bluefin tuna stocks within such
            Convention area and the trends in their population
            level; and
              (3) related information resulting from the
            implementation of the observer program under section 2
            of this Act.
    The report required under this section shall be submitted to
    the Congress within sixty days after the close of the biennial
    period covered by the report.\7\
    ---------------------------------------------------------------------------
        \7\ Sec. 302(b)(2) of Public Law 104-43 (109 Stat. 382) struck out
    a sentence at this point that read: ``There are authorized to be
    appropriated such sums as may be necessary to carry out this
    section.''.
    ---------------------------------------------------------------------------
        (b) \8\ Highly Migratory Species Research and Monitoring.--
    ---------------------------------------------------------------------------
        \8\ Sec. 302(b)(4) of Public Law 104-43 (109 Stat. 382) added
    subsec. (b).
    ---------------------------------------------------------------------------
              (1) Within 6 months after the date of enactment of
            the Atlantic Tunas Convention Authorization Act of
            1995, the Secretary of Commerce, in cooperation with
            the advisory committee established under section 4 of
            the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
            971b) and in consultation with the United States
            Commissioners on the International Commission for the
            Conservation of Atlantic Tunas (referred to elsewhere
            in this section as the ``Commission'') and the
            Secretary of State, shall develop and implement a
            comprehensive research and monitoring program to
            support the conservation and management of Atlantic
            bluefin tuna and other highly migratory species that
            shall--
                      (A) identify and define the range of stocks
                    of highly migratory species in the Atlantic
                    Ocean, including Atlantic bluefin tuna; and
                      (B) provide for appropriate participation by
                    nations which are members of the Commission.
              (2) The program shall provide for, but not be limited
            to--
                      (A) statistically designed cooperative
                    tagging studies;
                      (B) genetic and biochemical stock analyses;
                      (C) population censuses carried out through
                    aerial surveys of fishing grounds and known
                    migration areas;
                      (D) adequate observer coverage and port
                    sampling of commercial and recreational fishing
                    activity;
                      (E) collection of comparable real-time data
                    on commercial and recreational catches and
                    landings through the use of permits, logbooks,
                    landing reports for charter operations and
                    fishing tournaments, and programs to provide
                    reliable reporting of the catch by private
                    anglers;
                      (F) studies of the life history parameters of
                    Atlantic bluefin tuna and other highly
                    migratory species;
                      (G) integration of data from all sources and
                    the preparation of data bases to support
                    management decisions; and
                      (H) other research as necessary.
              (3) In developing a program under this section, the
            Secretary shall--
                      (A) ensure that personnel and resources of
                    each regional research center shall have
                    substantial participation in the stock
                    assessments and monitoring of highly migratory
                    species that occur in the region;
                      (B) provide for comparable monitoring of all
                    United States fishermen to which the Atlantic
                    Tunas Convention Act of 1975 \9\ applies with
                    respect to effort and species composition of
                    catch and discards;
    ---------------------------------------------------------------------------
        \9\ Sec. 202(b)(2) of Public Law 105-384 (112 Stat. 3453) inserted
    ``of 1975''.
    ---------------------------------------------------------------------------
                      (C) consult with relevant Federal and State
                    agencies, scientific and technical experts,
                    commercial and recreational fishermen, and
                    other interested persons, public and private,
                    and shall publish a proposed plan in the
                    Federal Register for the purpose of receiving
                    public comment on the plan; and
                      (D) through the Secretary of State, encourage
                    other member nations to adopt a similar
                    program.
              f. Atlantic Tunas Convention Act of 1975, as amended

    Public Law 94-70 [H.R. 5522], 89 Stat. 385, approved August 5, 1975; as
     amended by Public Law 94-265 [Fishery Conservation and Management Act
       of 1976; H.R. 200], 90 Stat. 331 at 361, approved April 13, 1976;
      Public Law 95-33 [H.R. 6205], 91 Stat. 173, approved May 26, 1977;
    Public Law 96-339 [S. 2549], 94 Stat. 1069, approved September 4, 1980;
    Public Law 98-44 [S. 625], 97 Stat. 216, approved July 12, 1983; Public
    Law 99-659 [S. 991], 100 Stat 3706, approved November 14, 1986; Public
     Law 101-627 [Fishery Conservation Amendments of 1990; H.R. 2061], 104
     Stat. 4436, approved November 28, 1990; Public Law 104-43 [Fisheries
       Act of 1995; H.R. 716], 109 Stat. 366, approved November 3, 1995;
        Public Law 104-208 [Department of Commerce and Related Agencies
     Appropriations Act; title II of sec. 101(a) of title I of Public Law
       104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996;
     Public Law 105-384 [H.R. 3461], 112 Stat. 3451, approved November 13,
    1998; Public Law 106-562 [H.R. 1653], 114 Stat. 2794, approved December
    23, 2000; and Public Law 107-372 [Hydrographic Services Improvement Act
     Amendments of 2002; H.R. 4883], 116 Stat. 3078, approved December 19,
                                      2002

         AN ACT To give effect to the International Convention for the
       Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14,
     1966,\1\ by the United States of America and other countries, and for
                                other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Atlantic Tunas Convention Act of
    1975''.
    ---------------------------------------------------------------------------
        \1\ 20 UST 2887; see boxnote page 3.
    ---------------------------------------------------------------------------

                                  definitions

        Sec. 2.\2\ For the purpose of this Act--
              (1) The term ``Convention'' means the International
            Convention for the Conservation of Atlantic Tunas,
            signed at Rio de Janeiro May 14, 1966, including any
            amendments or protocols which are or become effective
            for the United States.
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 971.
    ---------------------------------------------------------------------------
              (2) The term ``Commission'' means the International
            Commission for the Conservation of Atlantic Tunas
            provided for in article III of the Convention.
              (3) \3\ The term ``conservation recommendation''
            means any recommendation of the Commission made
            pursuant to Article VIII of the Convention and acted
            upon favorably by the Secretary of State under section
            5(a) of this Act.
    ---------------------------------------------------------------------------
        \3\ Sec. 303(1) of Public Law 104-43 (109 Stat. 384) redesignated
    paras. (3) through (10) as paras. (4) through (11), respectively, and
    added a new para. (3).
    ---------------------------------------------------------------------------
              (4) \3\ The term ``Council'' means the Council
            established within the International Commission for the
            Conservation of Atlantic Tunas pursuant to article V of
            the Convention.
              (5) \3\, \4\ The term ``exclusive economic
            zone'' means an exclusive economic zone as defined in
            section 3 of the Magnuson-Stevens Fishery Conservation
            and Management Act (16 U.S.C. 1802).\5\
    ---------------------------------------------------------------------------
        \4\ Sec. 303(2) of Public Law 104-43 (109 Stat. 384) struck out
    para. (5), as redesignated, and inserted a new para. (4) (resulting in
    two para. (4)). Subsequently, sec. 202(b)(1)(A) of Public Law 105-384
    (112 Stat. 3452) redesignated the second para. (4) as para. (5). Para.
    (5), as struck out by Public Law 104-43, formerly read as follows:
        ``(5) The term `fisheries zone' means the waters included within a
    zone contiguous to the territorial sea of the United States, of which
    the inner boundary is a line coterminous with the seaward boundary of
    each coastal State, and the outer boundary is a line drawn in such a
    manner that each point on it is two hundred nautical miles from the
    baseline from which the territorial sea is measured; or similar zones
    established by other parties to the Convention to the extent that such
    zones are recognized by the United States.''.
        Sec. 303(3) of Public Law 104-43 (109 Stat. 384) struck out
    ``fisheries zone'' throughout this Act, and inserted in lieu thereof
    ``exclusive economic zone''.
        \5\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
        Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat.
    3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 2
    and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
    ---------------------------------------------------------------------------
              (6) \3\ The term ``fishing'' means the catching,
            taking, or fishing for, or the attempted catching,
            taking, or fishing for any species of fish covered by
            the Convention, or any activities in support thereof.
              (7) \3\ the term ``fishing vessel'' means any vessel
            engaged in catching fish or processing or transporting
            fish loaded on the high seas, or any vessel outfitted
            for such activities.
              (8) \3\ The term ``Panel'' means any panel
            established by the Commission pursuant to article VI of
            the Convention.
              (9) \3\ The term ``person'' means every individual,
            partnership, corporation, and association subject to
            the jurisdiction of the United States.
              (10) \3\ The term ``Secretary'' means the Secretary
            of Commerce.
              (11) \3\ The term ``State'' includes each of the
            States of the United States, the District of Columbia,
            the Commonwealth of Puerto Rico, and the territories
            and possessions of the United States.

                                 commissioners

        Sec. 3.\6\ (a)(1) \7\ The United States shall be
    represented by not more than three Commissioners who shall
    serve as delegates of the United States on the Commission, and
    who may serve on the Council and Panels of the Commission as
    provided for in the Convention. Such Commissioners shall be
    appointed by and serve at the pleasure of the President. Not
    more than one such Commissioner shall be a salaried employee of
    any State or political subdivision thereof, or the Federal
    Government. Individuals serving as such Commissioners shall not
    be considered to be Federal employees while performing such
    service, except for purposes of injury compensation or tort
    claims liability as provided in chapter 81 of title 5, United
    States Code, and chapter 171 of title 28, United States
    Code.\8\ The Commissioners shall be entitled to select a
    Chairman and to adopt such rules of procedure as they find
    necessary.
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 971a.
        \7\ Sec. 201(a) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4459) inserted para. designation (1),
    and added new paras. (2) and (3).
        Sec. 201(b) and sec. 202 of that Act also provided the following:
        ``(b) Application to Current Commissioners.--(1) Paragraph (2) of
    section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
    971a(a)), as added by this section, shall not apply to reappointment of
    an individual as a United States Commissioner of the International
    Commission for the Conservation of Atlantic Tunas (hereinafter in this
    title referred to as a `Commissioner') if that individual is serving in
    that position on the date of enactment of this Act.
        ``(2) An individual serving a term as a Commissioner on the date of
    enactment of this Act shall not, by reason of that term of service, be
    ineligible under paragraph (3)(B) of section 3(a) of the Atlantic Tunas
    Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section,
    for reappointment as a Commissioner.
    ---------------------------------------------------------------------------

    ``termination of current terms and completion of pending appointments
    ---------------------------------------------------------------------------

        ``Sec. 202. The term as Commissioner of each individual serving in
    that position on the date of enactment of this Act shall terminate
    March 1, 1991. Not later than that date, the President shall complete
    appointment (or reappointment) of individuals to serve as Commissioners
    on and after that date.''.
        \8\ Sec. 303 of Public Law 106-562 (114 Stat. 2806) added this
    sentence.
    ---------------------------------------------------------------------------
        (2) \7\ Of the Commissioners appointed under paragraph (1)
    who are not governmental employees--
              (A) one shall be appointed from among individuals
            with knowledge and experience regarding commercial
            fishing in the Atlantic Ocean, Gulf of Mexico, or
            Caribbean Sea; and
              (B) one shall be appointed from among individuals
            with knowledge and experience regarding recreational
            fishing in the Atlantic Ocean, Gulf of Mexico, or
            Caribbean Sea.
        (3) \7\ (A) The term of a Commissioner shall be three
    years.
        (B) An individual appointed in accordance with paragraph
    (2) shall not be eligible to serve more than two consecutive
    terms as a Commissioner.
        (b) The Secretary of State, in consultation with the
    Secretary, may designate from time to time and for periods of
    time deemed appropriate Alternate United States Commissioners
    to the Commission. Any Alternate United States Commissioner may
    exercise at any meeting of the Commission, Council, any Panel,
    or the advisory committee established pursuant to section 4 of
    this Act, all powers and duties of a United States Commissioner
    in the absence of any Commissioner appointed pursuant to
    subsection (a) of this section for whatever reason. The number
    of such Alternate United States Commissioners that may be
    designated for any such meeting shall be limited to the number
    of United States Commissioners appointed pursuant to subsection
    (a) of this section who will not be present at such meeting.
        (c) The United States Commissioners or Alternate
    Commissioners, although officers of the United States while so
    serving, shall receive no compensation for their services as
    such Commissioners or Alternate Commissioners.
        (d) \9\ (1) The Secretary of States shall pay the necessary
    travel expenses of United States Commissioners, Alternate
    United States Commissioners, and authorized advisors in
    accordance with the Federal Travel Regulations and sections
    5701, 5702, 5704 through 5708, and 5731 of title 5, United
    States Code.
    ---------------------------------------------------------------------------
        \9\ Sec. 203 of the Fishery Conservation Amendments of 1990 (Public
    Law 101-627; 104 Stat. 4459) added subsec. (d).
    ---------------------------------------------------------------------------
        (2) The Secretary may reimburse the Secretary of State for
    amounts expended by the Secretary of State under this
    subsection.

                               advisory committee

        Sec. 4.\10\ (a) \11\ There is established an advisory
    committee which shall be composed of--
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 971b.
        \11\ Sec. 304 of Public Law 104-43 (109 Stat. 384) added subsec.
    designation ``(a)'' and added subsec. (b).
    ---------------------------------------------------------------------------
              (1) not less than five nor more than twenty
            individuals appointed by the United States
            Commissioners who shall select such individuals from
            the various groups concerned with the fisheries covered
            by the Convention; and
              (2) the chairmen (or their designees) of the New
            England, Mid-Atlantic, South Atlantic, Caribbean, and
            Gulf Fishery Management Councils established under
            section 302(a) of the Magnuson-Stevens Fishery
            Conservation and Management Act (16 U.S.C.
            1852(a)).\12\
    ---------------------------------------------------------------------------
        \12\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
        Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat.
    3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 4
    and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
    ---------------------------------------------------------------------------
    Each member of the advisory committee appointed under paragraph
    (1) shall serve for a term of two years and shall be eligible
    for reappointment.\13\ Members of the advisory committee may
    attend all public meetings of the Commission, Council, or any
    Panel and any other meetings to which they are invited by the
    Commission, Council, or any Panel. The advisory committee shall
    be invited to attend all nonexecutive meetings of the United
    States Commissioners and at such meetings shall be given
    opportunity to examine and to be heard on all proposed programs
    of investigation, reports, recommendations, and regulations of
    the Commission. Members of the advisory committee shall receive
    no compensation for their services as such members. The
    Secretary and the Secretary of State may pay the necessary
    travel expenses of members of the advisory committee in
    accordance with the Federal Travel Regulations and sections
    5701, 5702, 5704 through 5708, and 5731 of title 5, United
    States Code.\14\
    ---------------------------------------------------------------------------
        \13\ Sec. 1(1)(C) of Public Law 96-339 (94 Stat. 1069) amended and
    restated sec. 4 to this point. This amendment added to the membership
    of the advisory committee the chairmen of the various Fishery
    Management Councils.
        \14\ Sec. 204 of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4460) amended and restated this
    sentence.
    ---------------------------------------------------------------------------
        (b) \11\ (1) A majority of the members of the advisory
    committee shall constitute a quorum, but one or more such
    members designated by the advisory committee may hold meetings
    to provide for public participation and to discuss measures
    relating to the United States implementation of Commission
    recommendations.
        (2) The advisory committee shall elect a Chairman for a 2-
    year term from among its members.
        (3) The advisory committee shall meet at appropriate times
    and places at least twice a year, at the call of the Chairman
    or upon the request of the majority of its voting members, the
    United States Commissioners, the Secretary, or the Secretary of
    State. Meetings of the advisory committee, except when in
    executive session, shall be open to the public, and prior
    notice of meetings shall be made public in a timely fashion.
        (4)(A) The Secretary shall provide to the advisory
    committee in a timely manner such administrative and technical
    support services as are necessary for the effective functioning
    of the committee.
        (B) The Secretary and the Secretary of State shall furnish
    the advisory committee with relevant information concerning
    fisheries and international fishery agreements.
        (5) The advisory committee shall determine its
    organization, and prescribe its practices and procedures for
    carrying out its functions under this Act, the Magnuson-Stevens
    Fishery Conservation and Management Act (16 U.S.C. 1801 et
    seq.),\12\ and the Convention. The advisory committee shall
    publish and make available to the public a statement of its
    organization, practices, and procedures.
        (6) The advisory committee shall, to the maximum extent
    practicable, consist of an equitable balance among the various
    groups concerned with the fisheries covered by the Convention
    and shall not be subject to the Federal Advisory Committee Act
    (5 U.S.C. App.).

                             species working groups

        Sec. 4A.\15\ The United States Commissioners may establish
    species working groups for the purpose of providing advice and
    recommendations to the Commissioners and the advisory committee
    on matters relating to the conservation and management of any
    highly migratory species covered by the Convention. Any species
    working group shall consist of no more than seven members of
    the advisory committee and no more than four scientific or
    technical personnel, as considered necessary by the
    Commissioner.
    ---------------------------------------------------------------------------
        \15\ 16 U.S.C. 971b-1. Sec. 205 of the Fishery Conservation
    Amendments of 1990 (Public Law 101-627; 104 Stat. 4460) added sec. 4A.
    ---------------------------------------------------------------------------

                secretary of state to act for the united states

        Sec. 5.\16\ (a) The Secretary of State is authorized to
    receive on behalf of the United States, reports, requests, and
    other communications of the Commission, and to act thereon
    directly or by reference to the appropriate authorities. The
    Secretary of State, with the concurrence of the Secretary and,
    for matters relating to enforcement, the Secretary of the
    department in which the Coast Guard is operating, is authorized
    to take appropriate action on behalf of the United States with
    regard to recommendations received from the Commission pursuant
    to article VIII of the Convention. The Secretary and, when
    appropriate, the Secretary of the department in which the Coast
    Guard is operating, shall inform the Secretary of State as to
    what action he considers appropriate within five months of the
    date of the notification of the recommendation from the
    Commission, and again within forty-five days of the additional
    sixty-day period provided by the Convention if any objection is
    presented by another contracting party to the Convention, or
    within thirty days of the date of the notification of an
    objection made within the additional sixty-day period,
    whichever date shall be the later. After any notification from
    the Commission that an objection of the United States is to be
    considered as having no effect, the Secretary shall inform the
    Secretary of State as to what action he considers appropriate
    within forty-five days of the sixty-day period provided by the
    Convention for reaffirming objections. The Secretary of State
    shall take steps under the Convention to insure that a
    recommendation pursuant to article VIII of the Convention does
    not become effective for the United States prior to its
    becoming effective for all contracting parties conducting
    fisheries affected by such recommendation on a meaningful scale
    in terms of their effect upon the success of the conservation
    program, unless he determines, with the concurrence of the
    Secretary, and, for matters relating to enforcement, the
    Secretary of the department in which the Coast Guard is
    operating, that the purposes of the Convention would be served
    by allowing a recommendation to take effect for the United
    States at some earlier time.
    ---------------------------------------------------------------------------
        \16\ 16 U.S.C. 971c.
    ---------------------------------------------------------------------------
        (b) The Secretary of State, in consultation with the
    Secretary and the Secretary of the department in which the
    Coast Guard is operating, is authorized to enter into
    agreements with any contracting party, pursuant to paragraph 3
    of article IX of the Convention, relating to cooperative
    enforcement of the provisions of the Convention,
    recommendations in force for the United States and such party
    or parties under the Convention, and regulations adopted by the
    United States and such contracting party or parties pursuant to
    recommendations of the Commission. Such agreements may
    authorize personnel of the United States to enforce measures
    under the Convention and under regulations of another party
    with respect to persons under that party's jurisdiction, and
    may authorize personnel of another party to enforce measures
    under the Convention and under United States regulations with
    respect to persons subject to the jurisdiction of the United
    States. Enforcement under such an agreement may not take place
    within the territorial seas or exclusive economic zone \17\ of
    the United States. Such agreements shall not subject persons or
    vessels under the jurisdiction of the United States to
    prosecution or assessment of penalties by any court or tribunal
    of a foreign country.
    ---------------------------------------------------------------------------
        \17\ Sec. 303(3) of Public Law 104-43 (109 Stat. 384) struck out
    ``fisheries zone'' throughout this Act, and inserted in lieu thereof
    ``exclusive economic zone''.
        Subsequently, sec. 202(b)(1)(B) of Public Law 105-384 (112 Stat.
    3452) provided an identical amendment to subsec. (b) by striking out
    ``fisheries zone'' and inserting in lieu thereof ``exclusive economic
    zone''.
    ---------------------------------------------------------------------------

                                 administration

        Sec. 6.\18\ (a) The Secretary is authorized and directed to
    administer and enforce all of the provisions of the Convention,
    this Act, and regulations issued pursuant thereto, except to
    the extent otherwise provided for in this Act. In carrying out
    such functions the Secretary is authorized and directed to
    adopt such regulations as may be necessary to carry out the
    purposes and objectives of the Convention and this Act, and
    with the concurrence of the Secretary of State, he may
    cooperate with the duly authorized officials of the government
    of any party to the Convention. In addition, the secretary may
    utilize, with the concurrence of the Secretary of the
    department in which the Coast Guard is operating insofar as
    such utilization involves enforcement at sea, with or without
    reimbursement and by agreement with any other Federal
    department or agency, or with any agency of any State, the
    personnel, services, and facilities of that agency for
    enforcement purposes with respect to any vessel in the
    exclusive economic zone,\18\ or wherever found, with respect to
    any vessel documented under the laws of the United States, and
    any vessel numbered or otherwise licensed under the laws of any
    State. When so utilized, such personnel of the States of the
    United States are authorized to function as Federal law
    enforcement agents for these purposes, but they shall not be
    held and considered as employees of the United States for the
    purposes of any laws administered by the Director of the Civil
    Service Commission.\19\
    ---------------------------------------------------------------------------
        \18\ 16 U.S.C. 971d. Sec. 634 of H.R. 5548, as enacted by sec.
    1(a)(2) of Public Law 106-553 (114 Stat. 2762), provided the following:
        ``Sec. 634. None of the funds provided in this or any previous Act,
    or hereinafter made available to the Department of Commerce shall be
    available to issue or renew, for any fishing vessel, any general or
    harpoon category fishing permit for Atlantic bluefin tuna that would
    allow the vessel--
    ---------------------------------------------------------------------------

      ``(1) to use an aircraft to locate, or otherwise assist in fishing for,
    catching, or possessing Atlantic bluefin tuna; or

      ``(2) to fish for, catch, or possessing Atlantic bluefin tuna located by
    the use of an aircraft.''.
    ---------------------------------------------------------------------------

        \19\ In a transfer of functions pursuant to Reorganization Plan No.
    2 of 1978 (43 F.R. 36037; 92 Stat. 3783), effective January 1, 1979, as
    provided in Executive Order 12107 (44 F.R. 1055; December 28, 1978),
    ``Director of the Office of Personnel Management'' has been substituted
    for ``Civil Service Commission'' in the U.S. Code.
    ---------------------------------------------------------------------------
        (b) Enforcement activities at sea under the provisions of
    this Act for fishing vessels subject to the jurisdiction of the
    United States shall be primarily the responsibility of the
    Secretary of the department in which the Coast Guard is
    operating, in cooperation with the Secretary and the United
    States Customs Service. The Secretary after consultation with
    the Secretary of the department in which the Coast Guard is
    operating, shall adopt such regulations as may be necessary to
    provide for procedures and methods of enforcement pursuant to
    article IX of the Convention.
        (c) \20\ (1)(A) \21\ Upon favorable action by the Secretary
    of State under section 5(a) of this act on any recommendation
    of the Commission made pursuant to article VIII of the
    Convention, the Secretary shall promulgate, pursuant to this
    subsection, such regulations as may be necessary and
    appropriate to carry out such recommendation.
    ---------------------------------------------------------------------------
        \20\ Sec. 305(1) of Public Law 104-43 (109 Stat. 385) amended sec.
    6(c) by inserting ``and other measures'' in the caption. Sec. 6(c) of
    this Act, however, does not have subsection captions, and so this
    amendment cannot be executed. In the U.S. Code at 16 U.S.C. 971d(c),
    the subsection caption is amended to read ``Regulations and other
    measures to carry out Commission recommendations''.
        \21\ Sec. 206(a) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4461) added subpara. designation (A),
    and added new subparas. (B) and (C).
    ---------------------------------------------------------------------------
        (B) \21\ Not later than June 30, 1991, the Secretary shall
    promulgate any additional regulations necessary to ensure that
    the United States is in full compliance with all
    recommendations made by the Commission that have been accepted
    by the United States and with other agreements under the
    Convention between the United States and any nation which is a
    party to the Convention.
        (C) \21\ Regulations promulgated under this paragraph
    shall, to the extent practicable, be consistent with fishery
    management plans prepared and implemented under the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
    et seq.).\22\
    ---------------------------------------------------------------------------
        \22\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
        Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat.
    3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 6
    and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
    ---------------------------------------------------------------------------
        (2) To promulgate regulations referred to in paragraph (1)
    of this subsection, the Secretary shall publish in the Federal
    Register a general notice of proposed rulemaking and shall
    afford interested persons an opportunity to participate in the
    rulemaking through (A) submission of written data, views, or
    arguments, and (B) oral presentation at a public hearing. Such
    regulations shall be published in the Federal Register and
    shall be accompanied by a statement of the considerations
    involved in the issuance of the regulations, and by a
    statement, based on inquiries and investigations, assessing the
    nature and effectiveness of the measures for the implementation
    of the Commission's recommendations which are being or will be
    carried out by countries whose vessels engage in fishing the
    species subject to such recommendations within the waters to
    which the Convention applies. After publication in the Federal
    Register, such regulations shall be applicable to all vessels
    and persons subject to the jurisdiction of the United States on
    such date as the Secretary shall prescribe. The Secretary shall
    suspend at any time the application of any such regulation
    when, after consultation with the Secretary of State and the
    United States Commissioners, he determines that fishing
    operations in the Convention area of a contracting party for
    whom the regulations are effective are such as to constitute a
    serious threat to the achievement of the Commission's
    recommendations.
        (3) The regulations required to be promulgated under
    paragraph (1) of this subsection may--
              (A) select for regulation one or more of the species
            covered by the Convention;
              (B) divide the Convention waters into areas;
              (C) establish one or more open or closed seasons as
            to each such area;
              (D) limit the size of the fish and quantity of the
            catch which may be taken from each area within any
            season during which fishing is allowed;
              (E) limit or prohibit the incidental catch of a
            regulated species which may be retained, taken,
            possessed, or landed by vessels of persons fishing for
            other species of fish;
              (F) require records of operations to be kept by any
            master or other person in charge of any fishing vessel;
              (G) require such clearance certificates for vessels
            as may be necessary to carry out the purposes of the
            Convention and this Act;
              (H) require proof satisfactory to the Secretary that
            any fish subject to regulation pursuant to a
            recommendation of the Commission offered for entry into
            the United States has not been taken or retained
            contrary to the recommendations of the Commission made
            pursuant to article VIII of the Convention which have
            been adopted as regulations pursuant to this section;
            \23\
    ---------------------------------------------------------------------------
        \23\ Sec. 206(b) of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4461) struck out ``; and'' and inserted
    in lieu thereof a semicolon at the end of subpara. (H); struck out
    subpara. (I) and inserted a new subpara. (I); and added new subparas.
    (J) and (K).
    ---------------------------------------------------------------------------
              (I) \23\ require any commercial or recreational
            fisherman to obtain a permit from the Secretary and
            report the quantity of the catch of a regulated
            species;
              (J) \23\ require that observers be carried aboard
            fishing vessels for the purpose of providing
            statistically reliable scientific data; and
              (K) \23\ impose such other requirements and provide
            for such other measures as the Secretary may determine
            necessary to implement any recommendation of the
            Convention or to obtain scientific data necessary to
            accomplish the purpose of the Convention;
    except that no regulation promulgated under this section may
    have the effect of increasing or decreasing any allocation or
    quota of fish or fishing mortality level \24\ to the United
    States agreed to pursuant to a recommendation of the
    Commission.
    ---------------------------------------------------------------------------
        \24\ Sec. 305(2) of Public Law 104-43 (109 Stat. 385) inserted ``or
    fishing mortality level''.
    ---------------------------------------------------------------------------
        (4) Upon the promulgation of regulations provided for in
    paragraph (3) of this subsection, the Secretary shall
    promulgate, with the concurrence of the Secretary of State and
    pursuant to the procedures prescribed in paragraph (2) of this
    subsection, additional regulations which shall become effective
    simultaneously with the application of the regulations provided
    for in paragraph (3) of this subsection, which prohibit--
              (A) the entry into the United States of fish in any
            form of those species which are subject to regulation
            pursuant to a recommendation of the Commission and
            which were taken from the Convention area in such
            manner or in such circumstances as would tend to
            diminish the effectiveness of the conservation
            recommendations of the Commission; and
              (B) the entry into the United States, from any
            country when the vessels of such country are being used
            in the conduct of fishing operations in the Convention
            area in such manner or in such circumstances as would
            tend to diminish the effectiveness of the conservation
            recommendations of the Commission, of fish in any form
            of those species which are subject to regulation
            pursuant to a recommendation of the Commission and
            which were taken from the Convention area.
        (5) In the case of repeated and flagrant fishing operations
    in the Convention area by the vessels of any country which
    seriously threaten the achievement of the objectives of the
    Commission's recommendations, the Secretary, with the
    concurrence of the Secretary of State, may by regulations
    promulgated pursuant to paragraph (2) of this subsection
    prohibit the entry in any form from such country of other
    species covered by the Convention as may be under investigation
    by the Commission and which were taken in the Convention area.
    Any such prohibition shall continue until the Secretary is
    satisfied that the condition warranting the prohibition no
    longer exists, except that all fish in any form of the species
    under regulation which were previously prohibited from entry
    shall continue to be prohibited from entry.
              (6) \25\ Identification and notification.--
    ---------------------------------------------------------------------------
        \25\ Sec. 305(3) of Public Law 104-43 (109 Stat. 385) added new
    paras. (6) and (7).
    ---------------------------------------------------------------------------
                      (A) Not later than July 1, 1996, and annually
                    thereafter, the Secretary, in consultation with
                    the Secretary of State, the Commissioners, and
                    the advisory committee, shall--
                              (i) identify those nations whose
                            fishing vessels are fishing, or have
                            fished during the preceding calendar
                            year, within the convention area in a
                            manner or under circumstances that
                            diminish the effectiveness of a
                            conservation recommendation;
                              (ii) notify the President and the
                            nation so identified, including an
                            explanation of the reasons therefor;
                            and
                              (iii) publish a list of those Nations
                            identified under clause (i).\26\
    ---------------------------------------------------------------------------
        \26\ Sec. 202(b)(1)(C) of Public Law 105-384 (112 Stat. 3452) stuck
    out ``subparagraph (A)'', and inserted in lieu thereof ``clause (i)'',
    and designated the final sentence of subpara. (A) as subpara. (B).
    ---------------------------------------------------------------------------
                      (B) \26\ In identifying those Nations, the
                    Secretary shall consider, based on the best
                    available information, whether those Nations
                    have measures in place for reporting,
                    monitoring, and enforcement, and whether those
                    measures diminish the effectiveness of any
                    conservation recommendation.
              (7) \25\ Consultation.--Not later than 30 days after
            a Nation is notified under paragraph (6), the President
            may enter into consultations with the Government of
            that Nation for the purpose of obtaining an agreement
            that will--
                      (A) effect the immediate termination and
                    prevent the resumption of any fishing operation
                    by vessels of that Nation within the Convention
                    area which is conducted in a manner or under
                    circumstances that diminish the effectiveness
                    of the conservation recommendation;
                      (B) when practicable, require actions by that
                    Nation, or vessels of that Nation, to mitigate
                    the negative impacts of fishing operations on
                    the effectiveness of the conservation
                    recommendation involved, including but not
                    limited to, the imposition of subsequent-year
                    deductions for quota overages; and
                      (C) result in the establishment, if
                    necessary, by such Nation of reporting,
                    monitoring, and enforcement measures that are
                    adequate to ensure the effectiveness of
                    conservation recommendations.
        (d) \27\ (1) It is the sense of the Congress that the
    Secretary, in consultation with the Secretary of State, should
    seek support for a recommendation by the Commission to ban
    large-scale driftnet fishing (as that term is defined in
    section 3(16) of the Magnuson-Stevens Fishery Conservation and
    Management Act) \22\ in the Convention area.
    ---------------------------------------------------------------------------
        \27\ Sec. 207 of the Fishery Conservation Amendments of 1990
    (Public Law 101-627; 104 Stat. 4461) amended and restated subsec. (d).
    ---------------------------------------------------------------------------
        (2) The Secretary, in consultation with the Secretary of
    State, shall request the Commission to adopt recommendations
    necessary for the conservation and management of Atlantic
    swordfish. In making the request, the Secretary shall seek the
    establishment of an international minimum harvest size and a
    reduction in harvest levels to the extent necessary to conserve
    the stock. Until the Commission adopts all the conservation and
    management measures requested by the Secretary, the Secretary,
    within 3 months after each annual meeting of the Commission,
    shall notify Congress as to the nature and results of his
    request. These notifications shall identify those nations not
    acting to conserve and manage Atlantic swordfish, and recommend
    measures which could be taken to achieve effective
    international conservation and management of the stock.

         violations; fines and forfeitures; application of related laws

        Sec. 7.\28\ (a) It shall be unlawful--
    ---------------------------------------------------------------------------
        \28\ 16 U.S.C. 971e.
    ---------------------------------------------------------------------------
              (1) for any person in charge of a fishing vessel or
            any fishing vessel subject to the jurisdiction of the
            United States to engage in fishing in violation of any
            regulation adopted pursuant to section 6 of this Act;
            or
              (2) for any person subject to the jurisdiction of the
            United States to ship, transport, purchase, sell, offer
            for sale, import, export, or have in custody,
            possession, or control any fish which he knows, or
            should have known, were taken or retained contrary to
            the recommendations of the Commission made pursuant to
            article VIII of the Convention and adopted as
            regulations pursuant to section 6 of this Act, without
            regard to the citizenship of the person or vessel which
            took the fish.
        (b) It shall be unlawful for the master or any person in
    charge of any fishing vessel subject to the jurisdiction of the
    United States to fail to make, keep, or furnish any catch
    returns, statistical records, or other reports as are required
    by regulations adopted pursuant to this Act to be made, kept,
    or furnished by such master or person.
        (c) It shall be unlawful for the master or any person in
    charge of any fishing vessel subject to the jurisdiction of the
    United States to refuse to permit any person authorized to
    enforce the provisions of this Act and any regulations adopted
    pursuant thereto, to board such vessel and inspect its catch,
    equipment, books, documents, records, or other articles or
    question the persons onboard in accordance with the provisions
    of this Act, or the Convention, as the case may be, or to
    obstruct such officials in the execution of such duties.
        (d) It shall be unlawful for any person to import, in
    violation of any regulation adopted pursuant to section 6 (c)
    or (d) of this Act, from any country, any fish in any form of
    those species subject to regulation pursuant to a
    recommendation of the Commission, or any fish in any form not
    under regulation but under investigation by the Commission,
    during the period such fish have been denied entry in
    accordance with the provisions of section 6 (c) or (d) of this
    Act. In the case of any fish as described in this subsection
    offered for entry in the United States, the Secretary shall
    require proof satisfactory to him that such fish is not
    ineligible for such entry under the terms of section 6 (c) or
    (d) of this Act.
        (e) \29\ The civil penalty and permit sanctions of section
    308 of the Magnuson-Stevens Fishery Conservation and Management
    Act (16 U.S.C. 1858) \30\ are hereby made applicable to
    violations of this section as if they were violations of
    section 307 of that Act.
    ---------------------------------------------------------------------------
        \29\ Sec. 306 of Public Law 104-43 (109 Stat. 385) amended and
    restated subsec. (e).
        \30\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
        Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat.
    3453) struck out ``Magnuson Fishery'' and inserted in lieu thereof
    ``Magnuson-Stevens Fishery''.
    ---------------------------------------------------------------------------
        (f) All fish taken or retained in violation of subsection
    (a) of this section, or the monetary value thereof, may be
    forfeited.
        (g) All provisions of law relating to the seizure, judicial
    forfeiture, and condemnation of a cargo for violation of the
    customs laws, the disposition of such cargo or the proceeds
    from the sale thereof, and the remission or mitigation of such
    forfeitures shall apply to seizures and forfeitures incurred,
    or alleged to have been incurred, under the provisions of this
    Act, insofar as such provisions of law are applicable and not
    inconsistent with the provisions of this Act.

                                  enforcement

        Sec. 8.\31\ (a) Any person authorized in accordance with
    the provisions of this Act to enforce a provision of this Act
    and the regulations issued thereunder may--
    ---------------------------------------------------------------------------
        \31\ 16 U.S.C. 971f.
    ---------------------------------------------------------------------------
              (1) with or without a warrant, board any vessel
            subject to the jurisdiction of the United States and
            inspect such vessel and its catch, if as a result of
            such inspection, he has reasonable cause to believe
            that such vessel or any person on board is engaging in
            operations in violation of this Act or any regulations
            issued thereunder, he may, with or without a warrant or
            other process, arrest such person;
              (2) arrest, with or without a warrant, any person who
            violates the provisions of this Act or any regulation
            issued thereunder in his presence or view;
              (3) execute any warrant or other process issued by an
            officer or court of competent jurisdiction; and
              (4) seize, whenever and wherever lawfully found, all
            fish taken or retained by a vessel subject to the
            jurisdiction of the United States in violation of the
            provisions of this Act or any regulations issued
            pursuant thereto. Any fish so seized may be disposed of
            pursuant to an order of a court of competent
            jurisdiction, or, if perishable, in a manner prescribed
            by regulation of the Secretary.
        (b) To the extent authorized under the convention or by
    agreements between the United States and any contracting party
    concluded pursuant to section 5(b) of this Act for
    international enforcement, the duly authorized officials of
    such party shall have the authority to carry out the
    enforcement activities specified in section 8(a) of this Act
    with respect to persons or vessels subject to the jurisdiction
    of the United States, and the officials of the United States
    authorized pursuant to this section shall have the authority to
    carry out the enforcement activities specified in section 8(a)
    of this Act with respect to persons or vessels subject to the
    jurisdiction of such party, except that where any agreement
    provides for arrest or seizure of persons or vessels under
    United States jurisdiction it shall also provide that the
    person or vessel arrested or seized shall be promptly handed
    over to a United States enforcement officer or another
    authorized United States official.
        (c) Notwithstanding the provisions of section 2464 of title
    28, United States Code, when a warrant of arrest or other
    process in rem is issued in any cause under this section, the
    marshall or other officer shall stay the execution of such
    process, or discharge any fish seized if the process has been
    levied, on receiving from the claimant of the fish a bond or
    stipulation for the value of the property with sufficient
    surety to be approved by a judge of the district court having
    jurisdiction of the offense, conditioned to deliver the fish
    seized, if condemned, without impairment in value or, in the
    discretion of the court, to pay its equivalent value in money
    or otherwise to answer the decree of the court in such cause.
    Such bond or stipulation shall be returned to the court and
    judgment thereon against both the principal and sureties may be
    recovered in event of any breach of the conditions thereof as
    determined by the court. In the discretion of the accused, and
    subject to the direction of the court, the fish may be sold for
    not less than its reasonable market value at the time of
    seizure and the proceeds of such sale placed in the registry of
    the court pending judgment in the case.

    cooperation: commission's functions not restrained by this act or state
                                      laws

        Sec. 9.\32\ (a) The United States Commissioners, through
    the Secretary of State and with the concurrence of the agency,
    institution, or organization concerned, may arrange for the
    cooperation of agencies of the United States Government, and of
    State and private institutions and organizations in carrying
    out the provisions of article IV of the Convention.
    ---------------------------------------------------------------------------
        \32\ 16 U.S.C. 971g.
    ---------------------------------------------------------------------------
        (b) All agencies of the Federal Government are authorized,
    upon the request of the Commission, to cooperate in the conduct
    of scientific and other programs, and to furnish facilities and
    personnel for the purpose of assisting the Commission in
    carrying out its duties under the Convention.
        (c) None of the prohibitions deriving from this Act, or
    contained in the laws or regulations of any State, shall
    prevent the Commission from conducting or authorizing the
    conduct of fishing operations and biological experiments at any
    time for purposes of scientific investigation, or shall prevent
    the Commission from discharging any other duties prescribed by
    the Convention.
        (d)(1) Except as provided in paragraph (2) of this
    subsection, nothing in this Act shall be construed so as to
    diminish or to increase the jurisdiction of any State in the
    territorial sea of the United States.
        (2) In the event a State does not request a formal hearing
    and after notice by the Secretary, the regulations promulgated
    pursuant to this Act to implement recommendations of the
    Commission shall apply within the boundaries of any State
    bordering on any Convention area if the Secretary determines
    that any such State--
              (A) has not, within a reasonable period of time after
            the promulgation of regulations pursuant to this Act,
            enacted laws or promulgated regulations which implement
            any such recommendation of the Commission within the
            boundaries of such State; or
              (B) has enacted laws or promulgated regulations which
            (i) are less restrictive than the regulations
            promulgated pursuant to this Act, or (ii) are not
            effectively enforced.
    If a State requests the opportunity for an agency hearing on
    the record, the Secretary shall not apply regulations
    promulgated pursuant to this act within that State's boundaries
    unless the hearing record supports a determination under
    paragraph (A) or (B). Such regulations shall apply until the
    Secretary determines that the State is effectively enforcing
    within its boundaries measures which are not less restrictive
    than such regulations.
        (e) To insure that the purposes of subsection (d) are
    carried out, the Secretary shall undertake a continuing review
    of the laws and regulations of all States to which subsection
    (d) applies or may apply and the extent to which such laws and
    regulations are enforced.

                        authorization of appropriations

        Sec. 10.\33\ (a) In General.--There are authorized to be
    appropriated to carry out this Act, including use for payment
    of the United States share of the joint expenses of the
    Commission as provided in Article X of the Convention, the
    following sums:
    ---------------------------------------------------------------------------
        \33\ 16 U.S.C. 971h. Sec. 304 of the Fisheries Conservation Act of
    2002 (title III of Public Law 107-372; 116 Stat. 3096) amended and
    restated sec. 10. Previously, Public Law 95-33 (91 Stat. 173) extended
    the authorization through fiscal year 1980. Sec. 1(2) of Public Law 96-
    339 (94 Stat. 1069) further extended the authorization of
    appropriations through fiscal year 1983. Sec. 101 of Public Law 98-44
    (97 Stat. 216) extended the authorization of appropriations through
    fiscal year 1986. Sec. 404 of Public Law 99-659 (100 Stat. 3737)
    extended the authorization through fiscal year 1989. Sec. 208 of the
    Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat.
    4462) further amended and restated sec. 10, extending the authorization
    of appropriations through fiscal year 1993. Sec. 307 of the Atlantic
    Tunas Convention Authorization Act of 1995 (Public Law 104-43; 109
    Stat. 386) further amended and restated sec. 10, extending the
    authorization of appropriations through fiscal year 1998. Sec. 202(a)
    of Public Law 105-384 (112 Stat. 3452) further extended the
    authorization of appropriations through fiscal year 2001.
    ---------------------------------------------------------------------------
              (1) For each of fiscal years 2003 and 2004,
            $5,480,000.
              (2) For each of fiscal years 2005 and 2006,
            $5,495,000.
        (b) Allocation.--Of amounts available under this section
    for each fiscal year--
              (1) $150,000 are authorized for the advisory
            committee established under section 4 and the species
            working groups established under section 4A; and
              (2) $4,240,000 are authorized for research activities
            under this Act and the Act of September 4, 1980 (16
            U.S.C. 971i).

                                 annual report

        Sec. 11.\34\ Not later than April 1, 1996, and annually
    thereafter, the Secretary shall prepare and transmit to the
    Committee on Resources of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of the
    Senate a report, that--
    ---------------------------------------------------------------------------
        \34\ Sec. 308 of Public Law 104-43 (109 Stat. 386) added this
    second sec. 11, and a new sec. 12. Subsequently, sec. 202(b)(1)(E) of
    Public Law 105-384 (112 Stat. 3453) amended the style of the heading
    and designation for secs. 11 and 12 so as to conform to the style of
    the headings and designations of the other sections in the Act. Sec.
    202(b)(1)(D) of Public Law 105-384 (112 Stat. 3452) further
    redesignated the first sec. 11 as sec. 13.
    ---------------------------------------------------------------------------
              (1) details for the previous 10-year period the
            catches and exports to the United States of highly
            migratory species (including tunas, swordfish, marlin
            and sharks) from Nations fishing on Atlantic stocks of
            such species that are subject to management by the
            Commission;
              (2) identifies those fishing Nations whose harvests
            are inconsistent with conservation and management
            recommendations of the Commission;
              (3) describes reporting requirements established by
            the Secretary to ensure that imported fish products are
            in compliance with all international management
            measures, including minimum size requirements,
            established by the Commission and other international
            fishery organizations to which the United States is a
            party; and
              (4) describes actions taken by the Secretary under
            section 6.

                                 savings clause

        Sec. 12.\34\ Nothing in this Act shall have the effect of
    diminishing the rights and obligations of any Nation under
    Article VIII(3) of the Convention.

                                  separability

        Sec. 13.\35\ If any provision of this Act or the
    application of such provision to any circumstance or persons
    shall be held invalid, the validity of the remainder of the Act
    and the applicability of such provision to other circumstances
    or persons shall not be affected thereby.
    ---------------------------------------------------------------------------
        \35\ 16 U.S.C. 971 note. Sec. 202(b)(1)(D) of Public Law 105-384
    (112 Stat. 3452) redesignated the first sec. 11 as sec. 13.
                            4. Fisheries Act of 1995

     Partial text of Public Law 104-43 [H.R. 716], 109 Stat. 366, approved
       November 3, 1995; as amended by Public Law 104-208 [Department of
      Commerce and Related Agencies Appropriations Act; title II of sec.
     101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009,
    approved September 30, 1996; Public Law 104-297 [Sustainable Fisheries
    Act; S. 39], 110 Stat. 3559, approved October 11, 1996; Public Law 105-
    384 [H.R. 3461], 112 Stat. 3451, approved November 13, 1998; Public Law
     106-562 [H.R. 1653], 114 Stat. 2794, approved December 23, 2000; and
    Public Law 107-372 [Hydrographic Services Improvement Act Amendments of
          2002; H.R. 4883], 116 Stat. 3077, approved December 19, 2002

                AN ACT To amend the Fishermen's Protective Act.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Fisheries Act of 1995''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 5501 note.
    ---------------------------------------------------------------------------

    SEC. 2. TABLE OF CONTENTS. * * *

                     TITLE I--HIGH SEAS FISHING COMPLIANCE

     SEC. 101.\1\ SHORT TITLE.

        This title may be cited as the ``High Seas Fishing
    Compliance Act of 1995''.

    SEC. 102.\2\ PURPOSE.

        It is the purpose of this Act--
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 5501.
    ---------------------------------------------------------------------------
              (1) to implement the Agreement to Promote Compliance
            with International Conservation and Management Measures
            by Fishing Vessels on the High Seas, adopted by the
            Conference of the Food and Agriculture Organization of
            the United Nations on November 24, 1993; and
              (2) to establish a system of permitting, reporting,
            and regulation for vessels of the United States fishing
            on the high seas.

    SEC. 103.\3\ DEFINITIONS.

        As used in this Act--
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 5502.
    ---------------------------------------------------------------------------
              (1) The term ``Agreement'' means the Agreement to
            Promote Compliance with International Conservation and
            Management Measures by Fishing Vessels on the High
            Seas, adopted by the Conference of the Food and
            Agriculture Organization of the United Nations on
            November 24, 1993.
              (2) The term ``FAO'' means the Food and Agriculture
            Organization of the United Nations.
              (3) The term ``high seas'' means the waters beyond
            the territorial sea or exclusive economic zone (or the
            equivalent) of any nation, to the extent that such
            territorial sea or exclusive economic zone (or the
            equivalent) is recognized by the United States.
              (4) The term ``high seas fishing vessel'' means any
            vessel of the United States or subject to the
            jurisdiction of the United States \4\ used or intended
            for use--
    ---------------------------------------------------------------------------
        \4\ Sec. 305 of Public Law 106-562 (114 Stat. 2807) inserted ``or
    subject to the jurisdiction of the United States''.
    ---------------------------------------------------------------------------
                      (A) on the high seas;
                      (B) for the purpose of the commercial
                    exploitation of living marine resources; and
                      (C) as a harvesting vessel, as a mother ship,
                    or as any other support vessel directly engaged
                    in a fishing operation.
              (5) The term ``international conservation and
            management measures'' means measures to conserve or
            manage one or more species of living marine resources
            that are adopted and applied in accordance with the
            relevant rules of international law, as reflected in
            the 1982 United Nations Convention on the Law of the
            Sea, and that are recognized by the United States. Such
            measures may be adopted by global, regional, or sub-
            regional fisheries organizations, subject to the rights
            and obligations of their members, or by treaties or
            other international agreements.
              (6) The term ``length'' means--
                      (A) for any high seas fishing vessel built
                    after July 18, 1982, 96 percent of the total
                    length on a waterline at 85 percent of the
                    least molded depth measured from the top of the
                    keel, or the length from the foreside of the
                    stem to the axis of the rudder stock on that
                    waterline, if that is greater, except that in
                    ships designed with a rake of keel the
                    waterline on which this length is measured
                    shall be parallel to the designed waterline;
                    and
                      (B) for any high seas fishing vessel built
                    before July 18, 1982, registered length as
                    entered on the vessel's documentation.
              (7) The term ``person'' means any individual (whether
            or not a citizen or national of the United States), any
            corporation, partnership, association, or other entity
            (whether or not organized or existing under the laws of
            any State), and any Federal, State, local, or foreign
            government or any entity of any such government.
              (8) The term ``Secretary'' means the Secretary of
            Commerce.
              (9) The term ``vessel of the United States'' means--
                      (A) a vessel documented under chapter 121 of
                    title 46, United States Code, or numbered in
                    accordance with chapter 123 of title 46, United
                    States Code;
                      (B) a vessel owned in whole or part by--
                              (i) the United States or a territory,
                            commonwealth, or possession of the
                            United States;
                              (ii) a State or political subdivision
                            thereof;
                              (iii) a citizen or national of the
                            United States; or
                              (iv) a corporation created under the
                            laws of the United States or any State,
                            the District of Columbia, or any
                            territory, commonwealth, or possession
                            of the United States; unless the vessel
                            has been granted the nationality of a
                            foreign nation in accordance with
                            article 92 of the 1982 United Nations
                            Convention on the Law of the Sea and a
                            claim of nationality or registry for
                            the vessel is made by the master or
                            individual in charge at the time of the
                            enforcement action by an officer or
                            employee of the United States
                            authorized to enforce applicable
                            provisions of the United States law;
                            and
                      (C) a vessel that was once documented under
                    the laws of the United States and, in violation
                    of the laws of the United States, was either
                    sold to a person not a citizen of the United
                    States or placed under foreign registry or a
                    foreign flag, whether or not the vessel has
                    been granted the nationality of a foreign
                    nation.
              (10) The terms ``vessel subject to the jurisdiction
            of the United States'' and ``vessel without
            nationality'' have the same meaning as in section 3(c)
            of the Maritime Drug Law Enforcement Act (46 U.S.C.
            1903(c)).

    SEC. 104.\5\ PERMITTING.

        (a) In General.--No high seas fishing vessel shall engage
    in harvesting operations on the high seas unless the vessel has
    on board a valid permit issued under this section.
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 5503.
    ---------------------------------------------------------------------------
        (b) Eligibility.--
              (1) Any vessel of the United States is eligible to
            receive a permit under this section, unless the vessel
            was previously authorized to be used for fishing on the
            high seas by a foreign nation, and
                      (A) the foreign nation suspended such
                    authorization because the vessel undermined the
                    effectiveness of international conservation and
                    management measures, and the suspension has not
                    expired; or
                      (B) the foreign nation, within the last three
                    years preceding application for a permit under
                    this section, withdrew such authorization
                    because the vessel undermined the effectiveness
                    of international conservation and management
                    measures.
              (2) The restriction in paragraph (1) does not apply
            if ownership of the vessel has changed since the vessel
            undermined the effectiveness of international
            conservation and management measures, and the new owner
            has provided sufficient evidence to the Secretary
            demonstrating that the previous owner or operator has
            no further legal, beneficial or financial interest in,
            or control of, the vessel.
              (3) The restriction in paragraph (1) does not apply
            if the Secretary makes a determination that issuing a
            permit would not subvert the purposes of the Agreement.
              (4) The Secretary may not issue a permit to a vessel
            unless the Secretary is satisfied that the United
            States will be able to exercise effectively its
            responsibilities under the Agreement with respect to
            that vessel.
        (c) Application.--
              (1) The owner or operator of a high seas fishing
            vessel may apply for a permit under this section by
            completing an application form prescribed by the
            Secretary.
              (2) The application form shall contain--
                      (A) the vessel's name, previous names (if
                    known), official numbers, and port of record;
                      (B) the vessel's previous flags (if any);
                      (C) the vessel's International Radio Call
                    Sign (if any);
                      (D) the names and addresses of the vessel's
                    owners and operators;
                      (E) where and when the vessel was built;
                      (F) the type of vessel;
                      (G) the vessel's length; and
                      (H) any other information the Secretary
                    requires for the purposes of implementing the
                    Agreement.
        (d) Conditions.--The Secretary shall establish such
    conditions and restrictions on each permit issued under this
    section as are necessary and appropriate to carry out the
    obligations of the United States under the Agreement, including
    but not limited to the following:
              (1) The vessel shall be marked in accordance with the
            FAO Standard Specifications for the Marking and
            Identification of Fishing Vessels, or with regulations
            issued under section 305 of the Magnuson-Stevens
            Fishery Conservation and Management Act (16 U.S.C.
            1855); \6\ and
    ---------------------------------------------------------------------------
        \6\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (2) The permit holder shall report such information
            as the Secretary by regulation requires, including area
            of fishing operations and catch statistics. The
            Secretary shall promulgate regulations concerning
            conditions under which information submitted under this
            paragraph may be released.
        (e) Fees.--
              (1) The Secretary shall by regulation establish the
            level of fees to be charged for permits issued under
            this section. The amount of any fee charged for a
            permit issued under this section shall not exceed the
            administrative costs incurred in issuing such permits.
            The permitting fee may be in addition to any fee
            required under any regional permitting regime
            applicable to high seas fishing vessels.
              (2) The fees authorized by paragraph (1) shall be
            collected and credited to the Operations, Research and
            Facilities account of the National Oceanic and
            Atmospheric Administration. Fees collected under this
            subsection shall be available for the necessary
            expenses of the National Oceanic and Atmospheric
            Administration in implementing this Act, and shall
            remain available until expended.
        (f) Duration.--A permit issued under this section is valid
    for 5 years. A permit issued under this section is void in the
    event the vessel is no longer eligible for United States
    documentation, such documentation is revoked or denied, or the
    vessel is deleted from such documentation.

    SEC. 105.\7\ RESPONSIBILITIES OF THE SECRETARY.

        (a) Record.--The Secretary shall maintain an automated file
    or record of high seas fishing vessels issued permits under
    section 104, including all information submitted under section
    104(c)(2).
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 5504.
    ---------------------------------------------------------------------------
        (b) Information to FAO.--The Secretary, in cooperation with
    the Secretary of State and the Secretary of the department in
    which the Coast Guard is operating, shall--
              (1) make available to FAO information contained in
            the record maintained under subsection (a);
              (2) promptly notify FAO of changes in such
            information;
              (3) promptly notify FAO of additions to or deletions
            from the record, and the reason for any deletion;
              (4) convey to FAO information relating to any permit
            granted under section 104(b)(3), including the vessel's
            identity, owner or operator, and factors relevant to
            the Secretary's determination to issue the permit;
              (5) report promptly to FAO all relevant information
            regarding any activities of high seas fishing vessels
            that undermine the effectiveness of international
            conservation and management measures, including the
            identity of the vessels and any sanctions imposed; and
              (6) provide the FAO a summary of evidence regarding
            any activities of foreign vessels that undermine the
            effectiveness of international conservation and
            management measures.
        (c) Information to Flag Nations.--If the Secretary, in
    cooperation with the Secretary of State and the Secretary of
    the department in which the Coast Guard is operating, has
    reasonable grounds to believe that a foreign vessel has engaged
    in activities undermining the effectiveness of international
    conservation and management measures, the Secretary shall--
              (1) provide to the flag nation information, including
            appropriate evidentiary material, relating to those
            activities; and
              (2) when such foreign vessel is voluntarily in a
            United States port, promptly notify the flag nation
            and, if requested by the flag nation, make arrangements
            to undertake such lawful investigatory measures as may
            be considered necessary to establish whether the vessel
            has been used contrary to the provisions of the
            Agreement.
        (d) Regulations.--The Secretary, after consultation with
    the Secretary of State and the Secretary of the department in
    which the Coast Guard is operating, may promulgate such
    regulations, in accordance with section 553 of title 5, United
    States Code, as may be necessary to carry out the purposes of
    the Agreement and this title. The Secretary shall coordinate
    such regulations with any other entities regulating high seas
    fishing vessels, in order to minimize duplication of permit
    application and reporting requirements. To the extent
    practicable, such regulations shall also be consistent with
    regulations implementing fishery management plans under the
    Magnuson-Stevens Fishery Conservation and Management Act (16
    U.S.C. 1801 et seq.).\6\
        (e) Notice of International Conservation and Management
    Measures.--The Secretary, in consultation with the Secretary of
    State, shall publish in the Federal Register, from time to
    time, a notice listing international conservation and
    management measures recognized by the United States.

    SEC. 106.\8\ UNLAWFUL ACTIVITIES.

        It is unlawful for any person subject to the jurisdiction
    of the United States--
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 5505.
    ---------------------------------------------------------------------------
              (1) to use a high seas fishing vessel on the high
            seas in contravention of international conservation and
            management measures described in section 105(e);
              (2) to use a high seas fishing vessel on the high
            seas, unless the vessel has on board a valid permit
            issued under section 104;
              (3) to use a high seas fishing vessel in violation of
            the conditions or restrictions of a permit issued under
            section 104;
              (4) to falsify any information required to be
            reported, communicated, or recorded pursuant to this
            title or any regulation issued under this title, or to
            fail to submit in a timely fashion any required
            information, or to fail to report to the Secretary
            immediately any change in circumstances that has the
            effect of rendering any such information false,
            incomplete, or misleading;
              (5) to refuse to permit an authorized officer to
            board a high seas fishing vessel subject to such
            person's control for purposes of conducting any search
            or inspection in connection with the enforcement of
            this title or any regulation issued under this title;
              (6) to forcibly assault, resist, oppose, impede,
            intimidate, or interfere with an authorized officer in
            the conduct of any search or inspection described in
            paragraph (5);
              (7) to resist a lawful arrest or detention for any
            act prohibited by this section;
              (8) to interfere with, delay, or prevent, by any
            means, the apprehension, arrest, or detection of
            another person, knowing that such person has committed
            any act prohibited by this section;
              (9) to ship, transport, offer for sale, sell,
            purchase, import, export, or have custody, control, or
            possession of, any living marine resource taken or
            retained in violation of this title or any regulation
            or permit issued under this title; or
              (10) to violate any provision of this title or any
            regulation or permit issued under this title.

    SEC. 107.\9\ ENFORCEMENT PROVISIONS.

        (a) Duties of Secretaries.--This title shall be enforced by
    the Secretary of Commerce and the Secretary of the department
    in which the Coast Guard is operating. Such Secretaries may by
    agreement utilize, on a reimbursable basis or otherwise, the
    personnel, services, equipment (including aircraft and
    vessels), and facilities of any other Federal agency, or of any
    State agency, in the performance of such duties. Such
    Secretaries shall, and the head of any Federal or State agency
    that has entered into an agreement with either such Secretary
    under this section may (if the agreement so provides),
    authorize officers to enforce the provisions of this title or
    any regulation or permit issued under this title.
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 5506.
    ---------------------------------------------------------------------------
        (b) District Court Jurisdiction.--The district courts of
    the United States shall have exclusive jurisdiction over any
    case or controversy arising under the provisions of this title.
    In the case of Guam, and any Commonwealth, territory, or
    possession of the United States in the Pacific Ocean, the
    appropriate court is the United States District Court for the
    District of Guam, except that in the case of American Samoa,
    the appropriate court is the United States District Court for
    the District of Hawaii.
        (c) Powers of Enforcement Officers.--
              (1) Any officer who is authorized under subsection
            (a) to enforce the provisions of this title may--
                      (A) with or without a warrant or other
                    process--
                              (i) arrest any person, if the officer
                            has reasonable cause to believe that
                            such person has committed an act
                            prohibited by paragraph (6), (7), (8),
                            or (9) of section 106;
                              (ii) board, and search or inspect,
                            any high seas fishing vessel;
                              (iii) seize any high seas fishing
                            vessel (together with its fishing gear,
                            furniture, appurtenances, stores, and
                            cargo) used or employed in, or with
                            respect to which it reasonably appears
                            that such vessel was used or employed
                            in, the violation of any provision of
                            this title or any regulation or permit
                            issued under this title;
                              (iv) seize any living marine resource
                            (wherever found) taken or retained, in
                            any manner, in connection with or as a
                            result of the commission of any act
                            prohibited by section 106;
                              (v) seize any other evidence related
                            to any violation of any provision of
                            this title or any regulation or permit
                            issued under this title;
                      (B) execute any warrant or other process
                    issued by any court of competent jurisdiction;
                    and
                      (C) exercise any other lawful authority.
              (2) Subject to the direction of the Secretary, a
            person charged with law enforcement responsibilities by
            the Secretary who is performing a duty related to
            enforcement of a law regarding fisheries or other
            marine resources may make an arrest without a warrant
            for an offense against the United States committed in
            his presence, or for a felony cognizable under the laws
            of the United States, if he has reasonable grounds to
            believe that the person to be arrested has committed or
            is committing a felony.
        (d) Issuance of Citations.--If any authorized officer finds
    that a high seas fishing vessel is operating or has been
    operated in violation of any provision of this title, such
    officer may issue a citation to the owner or operator of such
    vessel in lieu of proceeding under subsection (c). If a permit
    has been issued pursuant to this title for such vessel, such
    officer shall note the issuance of any citation under this
    subsection, including the date thereof and the reason therefor,
    on the permit. The Secretary shall maintain a record of all
    citations issued pursuant to this subsection.
        (e) Liability for Costs.--Any person assessed a civil
    penalty for, or convicted of, any violation of this Act shall
    be liable for the cost incurred in storage, care, and
    maintenance of any living marine resource or other property
    seized in connection with the violation.

    SEC. 108.\10\ CIVIL PENALTIES AND PERMIT SANCTIONS.

        (a) Civil Penalties.--
              (1) Any person who is found by the Secretary, after
            notice and opportunity for a hearing in accordance with
            section 554 of title 5, United States Code, to have
            committed an act prohibited by section 106 shall be
            liable to the United States for a civil penalty. The
            amount of the civil penalty shall not exceed $100,000
            for each violation. Each day of a continuing violation
            shall constitute a separate offense. The amount of such
            civil penalty shall be assessed by the Secretary by
            written notice. In determining the amount of such
            penalty, the Secretary shall take into account the
            nature, circumstances, extent, and gravity of the
            prohibited acts committed and, with respect to the
            violation, the degree of culpability, any history of
            prior offenses, and such other matters as justice may
            require.
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 5507.
    ---------------------------------------------------------------------------
              (2) The Secretary may compromise, modify, or remit,
            with or without conditions, any civil penalty that is
            subject to imposition or that has been imposed under
            this section.
        (b) Permit Sanctions.--
              (1) In any case in which--
                      (A) a vessel of the United States has been
                    used in the commission of an act prohibited
                    under section 106;
                      (B) the owner or operator of a vessel or any
                    other person who has been issued or has applied
                    for a permit under section 104 has acted in
                    violation of section 106; or
                      (C) any amount in settlement of a civil
                    forfeiture imposed on a high seas fishing
                    vessel or other property, or any civil penalty
                    or criminal fine imposed on a high seas fishing
                    vessel or on an owner or operator of such a
                    vessel or on any other person who has been
                    issued or has applied for a permit under any
                    fishery resource statute enforced by the
                    Secretary, has not been paid and is overdue,
                    the Secretary may--
                              (i) revoke any permit issued to or
                            applied for by such vessel or person
                            under this title, with or without
                            prejudice to the issuance of subsequent
                            permits;
                              (ii) suspend such permit for a period
                            of time considered by the Secretary to
                            be appropriate;
                              (iii) deny such permit; or
                              (iv) impose additional conditions and
                            restrictions on such permit.
              (2) In imposing a sanction under this subsection, the
            Secretary shall take into account--
                      (A) the nature, circumstances, extent, and
                    gravity of the prohibited acts for which the
                    sanction is imposed; and
                      (B) with respect to the violator, the degree
                    of culpability, any history of prior offenses,
                    and such other matters as justice may require.
              (3) Transfer of ownership of a high seas fishing
            vessel, by sale or otherwise, shall not extinguish any
            permit sanction that is in effect or is pending at the
            time of transfer of ownership. Before executing the
            transfer of ownership of a vessel, by sale or
            otherwise, the owner shall disclose in writing to the
            prospective transferee the existence of any permit
            sanction that will be in effect or pending with respect
            to the vessel at the time of the transfer. The
            Secretary may waive or compromise a sanction in the
            case of a transfer pursuant to court order.
              (4) In the case of any permit that is suspended under
            this subsection for nonpayment of a civil penalty or
            criminal fine, the Secretary shall reinstate the permit
            upon payment of the penalty or fine and interest
            thereon at the prevailing rate.
              (5) No sanctions shall be imposed under this
            subsection unless there has been prior opportunity for
            a hearing on the facts underlying the violation for
            which the sanction is imposed, either in conjunction
            with a civil penalty proceeding under this section or
            otherwise.
        (c) Hearing.--For the purposes of conducting any hearing
    under this section, the Secretary may issue subpoenas for the
    attendance and testimony of witnesses and the production of
    relevant papers, books, and documents, and may administer
    oaths. Witnesses summoned shall be paid the same fees and
    mileage that are paid to witnesses in the courts of the United
    States. In case of contempt or refusal to obey a subpoena
    served upon any person pursuant to this subsection, the
    district court of the United States for any district in which
    such person is found, resides, or transacts business, upon
    application by the United States and after notice to such
    person, shall have jurisdiction to issue an order requiring
    such person to appear and give testimony before the Secretary
    or to appear and produce documents before the Secretary, or
    both, and any failure to obey such order of the court may be
    punished by such court as a contempt thereof.
        (d) Judicial Review.--Any person against whom a civil
    penalty is assessed under subsection (a) or against whose
    vessel a permit sanction is imposed under subsection (b) (other
    than a permit suspension for nonpayment of penalty or fine) may
    obtain review thereof in the United States district court for
    the appropriate district by filing a complaint against the
    Secretary in such court within 30 days from the date of such
    penalty or sanction. The Secretary shall promptly file in such
    court a certified copy of the record upon which such penalty or
    sanction was imposed, as provided in section 2112 of title 28,
    United States Code. The findings and order of the Secretary
    shall be set aside by such court if they are not found to be
    supported by substantial evidence, as provided in section
    706(2) of title 5, United States Code.
        (e) Collection.--
              (1) If any person fails to pay an assessment of a
            civil penalty after it has become a final and
            unappealable order, or after the appropriate court has
            entered final judgment in favor of the Secretary, the
            matter shall be referred to the Attorney General, who
            shall recover the amount assessed in any appropriate
            district court of the United States. In such action the
            validity and appropriateness of the final order
            imposing the civil penalty shall not be subject to
            review.
              (2) A high seas fishing vessel (including its fishing
            gear, furniture, appurtenances, stores, and cargo) used
            in the commission of an act prohibited by section 106
            shall be liable in rem for any civil penalty assessed
            for such violation under subsection (a) and may be
            proceeded against in any district court of the United
            States having jurisdiction thereof. Such penalty shall
            constitute a maritime lien on such vessel that may be
            recovered in an action in rem in the district court of
            the United States having jurisdiction over the vessel.

    SEC. 109.\11\ CRIMINAL OFFENSES.

        (a) Offenses.--A person is guilty of an offense if the
    person commits any act prohibited by paragraph (6), (7), (8),
    or (9) of section 106.
    ---------------------------------------------------------------------------
        \11\ 16 U.S.C. 5508.
    ---------------------------------------------------------------------------
        (b) Punishment.--Any offense described in subsection (a) is
    a class A misdemeanor punishable by a fine under title 18,
    United States Code, or imprisonment for not more than one year,
    or both; except that if in the commission of any offense the
    person uses a dangerous weapon, engages in conduct that causes
    bodily injury to any authorized officer, or places any such
    officer in fear of imminent bodily injury, the offense is a
    felony punishable by a fine under title 18, United States Code,
    or imprisonment for not more than 10 years, or both.

    SEC. 110.\12\ FORFEITURES.

        (a) In General.--Any high seas fishing vessel (including
    its fishing gear, furniture, appurtenances, stores, and cargo)
    used, and any living marine resources (or the fair market value
    thereof) taken or retained, in any manner, in connection with
    or as a result of the commission of any act prohibited by
    section 106 (other than an act for which the issuance of a
    citation under section 107 is a sufficient sanction) shall be
    subject to forfeiture to the United States. All or part of such
    vessel may, and all such living marine resources (or the fair
    market value thereof) shall, be forfeited to the United States
    pursuant to a civil proceeding under this section.
    ---------------------------------------------------------------------------
        \12\ 16 U.S.C. 5509.
    ---------------------------------------------------------------------------
        (b) Jurisdiction of District Courts.--Any district court of
    the United States shall have jurisdiction, upon application of
    the Attorney General on behalf of the United States, to order
    any forfeiture authorized under subsection (a) and any action
    provided for under subsection (d).
        (c) Judgment.--If a judgment is entered for the United
    States in a civil forfeiture proceeding under this section, the
    Attorney General may seize any property or other interest
    declared forfeited to the United States, which has not
    previously been seized pursuant to this title or for which
    security has not previously been obtained. The provisions of
    the customs laws relating to--
              (1) the seizure, forfeiture, and condemnation of
            property for violation of the customs law;
              (2) the disposition of such property or the proceeds
            from the sale thereof; and
              (3) the remission or mitigation of any such
            forfeiture;
    shall apply to seizures and forfeitures incurred, or alleged to
    have been incurred, under the provisions of this title, unless
    such provisions are inconsistent with the purposes, policy, and
    provisions of this title.
        (d) Procedure.--
              (1) Any officer authorized to serve any process in
            rem that is issued by a court under section 107(b)
            shall--
                      (A) stay the execution of such process; or
                      (B) discharge any living marine resources
                    seized pursuant to such process;
            upon receipt of a satisfactory bond or other security
            from any person claiming such property. Such bond or
            other security shall be conditioned upon such person
            delivering such property to the appropriate court upon
            order thereof, without any impairment of its value, or
            paying the monetary value of such property pursuant to
            an order of such court. Judgment shall be recoverable
            on such bond or other security against both the
            principal and any sureties in the event that any
            condition thereof is breached, as determined by such
            court.
              (2) Any living marine resources seized pursuant to
            this title may be sold, subject to the approval of the
            appropriate court, for not less than the fair market
            value thereof. The proceeds of any such sale shall be
            deposited with such court pending the disposition of
            the matter involved.
        (e) Rebuttable Presumption.--For purposes of this section,
    all living marine resources found on board a high seas fishing
    vessel and which are seized in connection with an act
    prohibited by section 106 are presumed to have been taken or
    retained in violation of this title, but the presumption can be
    rebutted by an appropriate showing of evidence to the contrary.

    SEC. 111.\13\ EFFECTIVE DATE.

        This title shall take effect 120 days after the date of
    enactment of this Act.
    ---------------------------------------------------------------------------
        \13\ 16 U.S.C. 5501 note.
    ---------------------------------------------------------------------------

         TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL
                COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

    SEC. 201.\14\ SHORT TITLE.

        This title may be cited as the ``Northwest Atlantic
    Fisheries Convention Act of 1995''.
    ---------------------------------------------------------------------------
        \14\ 16 U.S.C. 5601 note.
    ---------------------------------------------------------------------------

    SEC. 202.\15\ REPRESENTATION OF UNITED STATES UNDER CONVENTION.

        (a) Commissioners.--
              (1) Appointments, generally.--The Secretary shall
            appoint not more than 3 individuals to serve as the
            representatives of the United States on the General
            Council and the Fisheries Commission, who shall each--
    ---------------------------------------------------------------------------
        \15\ 16 U.S.C. 5601.
    ---------------------------------------------------------------------------
                      (A) be known as a ``United States
                    Commissioner to the Northwest Atlantic
                    Fisheries Organization''; and
                      (B) serve at the pleasure of the Secretary.
              (2) Requirements for appointments.--
                      (A) The Secretary shall ensure that of the
                    individuals serving as Commissioners--
                              (i) at least 1 is appointed from
                            among representatives of the commercial
                            fishing industry;
                              (ii) 1 (but no more than 1) is an
                            official of the Government; and
                              (iii) 1, other than the individual
                            appointed under clause (ii), is a
                            voting member of the New England
                            Fishery Management Council.
                      (B) The Secretary may not appoint as a
                    Commissioner an individual unless the
                    individual is knowledgeable and experienced
                    concerning the fishery resources to which the
                    Convention applies.
              (3) Terms.--
                      (A) The term of an individual appointed as a
                    Commissioner--
                              (i) shall be specified by the
                            Secretary at the time of appointment;
                            and
                              (ii) may not exceed 4 years.
                      (B) An individual who is not a Government
                    official may not serve more than 2 consecutive
                    terms as a Commissioner.
        (b) Alternate Commissioners.--
              (1) Appointment.--The Secretary may, for any
            anticipated absence of a duly appointed Commissioner at
            a meeting of the General Council or the Fisheries
            Commission, designate an individual to serve as an
            Alternate Commissioner.
              (2) Functions.--An Alternate Commissioner may
            exercise all powers and perform all duties of the
            Commissioner for whom the Alternate Commissioner is
            designated, at any meeting of the General Council or
            the Fisheries Commission for which the Alternate
            Commissioner is designated.
        (c) Representatives.--
              (1) Appointment.--The Secretary shall appoint not
            more than 3 individuals to serve as the representatives
            of the United States on the Scientific Council, who
            shall each be known as a ``United States Representative
            to the Northwest Atlantic Fisheries Organization
            Scientific Council''.
              (2) Eligibility for appointment.--
                      (A) The Secretary may not appoint an
                    individual as a Representative unless the
                    individual is knowledgeable and experienced
                    concerning the scientific issues dealt with by
                    the Scientific Council.
                      (B) The Secretary shall appoint as a
                    Representative at least 1 individual who is an
                    official of the Government.
              (3) Term.--An individual appointed as a
            Representative--
                      (A) shall serve for a term of not to exceed 4
                    years, as specified by the Secretary at the
                    time of appointment;
                      (B) may be reappointed; and
                      (C) shall serve at the pleasure of the
                    Secretary.
        (d) Alternate Representatives.--
              (1) Appointment.--The Secretary may, for any
            anticipated absence of a duly appointed Representative
            at a meeting of the Scientific Council, designate an
            individual to serve as an Alternate Representative.
              (2) Functions.--An Alternate Representative may
            exercise all powers and perform all duties of the
            Representative for whom the Alternate Representative is
            designated, at any meeting of the Scientific Council
            for which the Alternate Representative is designated.
        (e) Experts and Advisers.--The Commissioners, Alternate
    Commissioners, Representatives, and Alternate Representatives
    may be accompanied at meetings of the Organization by experts
    and advisers.
        (f) Coordination and Consultation.--
              (1) In general.--In carrying out their functions
            under the Convention, Commissioners, Alternate
            Commissioners, Representatives, and Alternate
            Representatives shall--
                      (A) coordinate with the appropriate Regional
                    Fishery Management Councils established by
                    section 302 of the Magnuson-Stevens Act (16
                    U.S.C. 1852); \16\ and
    ---------------------------------------------------------------------------
        \16\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
                      (B) consult with the committee established
                    under section 208.
              (2) Relationship to other law.--The Federal Advisory
            Committee Act (5 U.S.C. App.) shall not apply to
            coordination and consultations under this subsection.

    SEC. 203.\17\ REQUESTS FOR SCIENTIFIC ADVICE.

        (a) Restriction.--The Representatives may not make a
    request or specification described in subsection (b) (1) or
    (2), respectively, unless the Representatives have first--
    ---------------------------------------------------------------------------
        \17\ 16 U.S.C. 5602.
    ---------------------------------------------------------------------------
              (1) consulted with the appropriate Regional Fishery
            Management Councils; and
              (2) received the consent of the Commissioners for
            that action.
        (b) Requests and Terms of Reference Described.--The
    requests and specifications referred to in subsection (a) are,
    respectively--
              (1) any request, under Article VII(1) of the
            Convention, that the Scientific Council consider and
            report on a question pertaining to the scientific basis
            for the management and conservation of fishery
            resources in waters under the jurisdiction of the
            United States within the Convention Area; and
              (2) any specification, under Article VIII(2) of the
            Convention, of the terms of reference for the
            consideration of a question referred to the Scientific
            Council pursuant to Article VII(1) of the Convention.

    SEC. 204.\18\ AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO
                        CONVENTION.

        The Secretary of State may, on behalf of the Government of
    the United States--
    ---------------------------------------------------------------------------
        \18\ 16 U.S.C. 5603.
    ---------------------------------------------------------------------------
              (1) receive and transmit reports, requests,
            recommendations, proposals, and other communications of
            and to the Organization and its subsidiary organs;
              (2) object, or withdraw an objection, to the proposal
            of the Fisheries Commission;
              (3) give or withdraw notice of intent not to be bound
            by a measure of the Fisheries Commission;
              (4) object or withdraw an objection to an amendment
            to the Convention; and
              (5) act upon, or refer to any other appropriate
            authority, any other communication referred to in
            paragraph (1).

    SEC. 205.\19\ INTERAGENCY COOPERATION.

        (a) Authorities of Secretary.--In carrying out the
    provisions of the Convention and this title, the Secretary may
    arrange for cooperation with other agencies of the United
    States, the States, the New England and the Mid-Atlantic
    Fishery Management Councils, and private institutions and
    organizations.
    ---------------------------------------------------------------------------
        \19\ 16 U.S.C. 5604.
    ---------------------------------------------------------------------------
        (b) Other Agencies.--The head of any Federal agency may--
              (1) cooperate in the conduct of scientific and other
            programs, and furnish facilities and personnel, for the
            purposes of assisting the Organization in carrying out
            its duties under the Convention; and
              (2) accept reimbursement from the Organization for
            providing such services, facilities, and personnel.

    SEC. 206.\20\ RULEMAKING.

        The Secretary shall promulgate regulations as may be
    necessary to carry out the purposes and objectives of the
    Convention and this title. Any such regulation may be made
    applicable, as necessary, to all persons and all vessels
    subject to the jurisdiction of the United States, wherever
    located.
    ---------------------------------------------------------------------------
        \20\ 16 U.S.C. 5605.
    ---------------------------------------------------------------------------

    SEC. 207.\21\ PROHIBITED ACTS AND PENALTIES.

        (a) Prohibition.--It is unlawful for any person or vessel
    that is subject to the jurisdiction of the United States--
    ---------------------------------------------------------------------------
        \21\ 16 U.S.C. 5606.
    ---------------------------------------------------------------------------
              (1) to violate any regulation issued under this title
            or any measure that is legally binding on the United
            States under the Convention;
              (2) to refuse to permit any authorized enforcement
            officer to board a fishing vessel that is subject to
            the person's control for purposes of conducting any
            search or inspection in connection with the enforcement
            of this title, any regulation issued under this title,
            or any measure that is legally binding on the United
            States under the Convention;
              (3) forcibly to assault, resist, oppose, impede,
            intimidate, or interfere with any authorized
            enforcement officer in the conduct of any search or
            inspection described in paragraph (2);
              (4) to resist a lawful arrest for any act prohibited
            by this section;
              (5) to ship, transport, offer for sale, sell,
            purchase, import, export, or have custody, control, or
            possession of, any fish taken or retained in violation
            of this section; or
              (6) to interfere with, delay, or prevent, by any
            means, the apprehension or arrest of another person,
            knowing that the other person has committed an act
            prohibited by this section.
        (b) Civil Penalty.--Any person who commits any act that is
    unlawful under subsection (a) shall be liable to the United
    States for a civil penalty, or may be subject to a permit
    sanction, under section 308 of the Magnuson-Stevens Act (16
    U.S.C. 1858).\16\
        (c) Criminal Penalty.--Any person who commits an act that
    is unlawful under paragraph (2), (3), (4), or (6) of subsection
    (a) shall be guilty of an offense punishable under section
    309(b) of the Magnuson-Stevens Act (16 U.S.C. 1859(b)).\16\
        (d) Civil Forfeitures.--
              (1) In general.--Any vessel (including its gear,
            furniture, appurtenances, stores, and cargo) used in
            the commission of an act that is unlawful under
            subsection (a), and any fish (or the fair market value
            thereof) taken or retained, in any manner, in
            connection with or as a result of the commission of any
            act that is unlawful under subsection (a), shall be
            subject to seizure and forfeiture as provided in
            section 310 of the Magnuson-Stevens Act (16 U.S.C.
            1860).\16\
              (2) Disposal of fish.--Any fish seized pursuant to
            this title may be disposed of pursuant to the order of
            a court of competent jurisdiction or, if perishable, in
            a manner prescribed by regulations issued by the
            Secretary.
        (e) Enforcement.--The Secretary and the Secretary of the
    department in which the Coast Guard is operating shall enforce
    the provisions of this title and shall have the authority
    specified in section \22\ 311 (a), (b)(1), and (c) of the
    Magnuson-Stevens Act (16 U.S.C. 1861 (a), (b)(1), and (c)) \16\
    for that purpose.
    ---------------------------------------------------------------------------
        \22\ Sec. 201(b)(1) of Public Law 105-384 (112 Stat. 3451) struck
    out ``sections'' and inserted in lieu thereof ``section''.
    ---------------------------------------------------------------------------
        (f) Jurisdiction of Courts.--The district courts of the
    United States shall have exclusive jurisdiction over any case
    or controversy arising under this section and may, at any
    time--
              (1) enter restraining orders or prohibitions;
              (2) issue warrants, process in rem, or other process;
              (3) prescribe and accept satisfactory bonds or other
            security; and
              (4) take such other actions as are in the interests
            of justice.

    SEC. 208.\23\ CONSULTATIVE COMMITTEE.

        (a) Establishment.--The Secretary of State and the
    Secretary, shall jointly establish a consultative committee to
    advise the Secretaries on issues related to the Convention.
    ---------------------------------------------------------------------------
        \23\ 16 U.S.C. 5607.
    ---------------------------------------------------------------------------
        (b) Membership.--
              (1) The membership of the Committee shall include
            representatives from the New England and Mid-Atlantic
            Fishery Management Councils, the States represented on
            those Councils, the Atlantic States Marine Fisheries
            Commission, the fishing industry, the seafood
            processing industry, and others knowledgeable and
            experienced in the conservation and management of
            fisheries in the Northwest Atlantic Ocean.
              (2) Terms and reappointment.--Each member of the
            consultative committee shall serve for a term of two
            years and shall be eligible for reappointment.
        (c) Duties of the Committee.--Members of the consultative
    committee may attend--
              (1) all public meetings of the General Council or the
            Fisheries Commission;
              (2) any other meetings to which they are invited by
            the General Council or the Fisheries Commission; and
              (3) all nonexecutive meetings of the United States
            Commissioners.
        (d) Relationship to Other Law.--The Federal Advisory
    Committee Act (5 U.S.C. App.) shall not apply to the
    consultative committee established under this section.

    SEC. 209.\24\ ADMINISTRATIVE MATTERS.

        (a) Prohibition on Compensation.--A person shall not
    receive any compensation from the Government by reason of any
    service of the person as--
    ---------------------------------------------------------------------------
        \24\ 16 U.S.C. 5608.
    ---------------------------------------------------------------------------
              (1) a Commissioner, Alternate Commissioner,
            Representative, or Alternative Representative;
              (2) an expert or adviser authorized under section
            202(e); or
              (3) a member of the consultative committee
            established by section 208.
        (b) Travel and Expenses.--The Secretary of State shall,
    subject to the availability of appropriations, pay all
    necessary travel and other expenses of persons described in
    subsection (a)(1) and of not more than six experts and advisers
    authorized under section 202(e) with respect to their actual
    performance of their official duties pursuant to this title, in
    accordance with the Federal Travel Regulations and sections
    5701, 5702, 5704 through 5708, and 5731 of title 5, United
    States Code.
        (c) Status as Federal Employees.--A person shall not be
    considered to be a Federal employee by reason of any service of
    the person in a capacity described in subsection (a), except
    for purposes of injury compensation and tort claims liability
    under chapter 81 of title 5, United States Code, and chapter
    171 \25\ of title 28, United States Code, respectively.
    ---------------------------------------------------------------------------
        \25\ Sec. 201(b)(2) of Public Law 105-384 (112 Stat. 3451) struck
    out ``chapter 17'' and inserted in lieu thereof ``chapter 171''.
    ---------------------------------------------------------------------------

    SEC. 210.\26\ DEFINITIONS.

        In this title the following definitions apply:
    ---------------------------------------------------------------------------
        \26\ 16 U.S.C. 5609.
    ---------------------------------------------------------------------------
              (1) Authorized enforcement officer.--The term
            ``authorized enforcement officer'' means a person
            authorized to enforce this title, any regulation issued
            under this title, or any measure that is legally
            binding on the United States under the Convention.
              (2) Commissioner.--The term ``Commissioner'' means a
            United States Commissioner to the Northwest Atlantic
            Fisheries Organization appointed under section 202(a).
              (3) Convention.--The term ``Convention'' means the
            Convention on Future Multilateral Cooperation in the
            Northwest Atlantic Fisheries, done at Ottawa on October
            24, 1978.
              (4) Fisheries commission.--The term ``Fisheries
            Commission'' means the Fisheries Commission provided
            for by Articles II, XI, XII, XIII, and XIV of the
            Convention.
              (5) General council.--The term ``General Council''
            means the General Council provided for by Article II,
            III, IV, and V of the Convention.
              (6) Magnuson-stevens act.--The term ``Magnuson-
            Stevens Act'' means the Magnuson-Stevens Fishery
            Conservation and Management Act (16 U.S.C. 1801 et
            seq.).\27\
    ---------------------------------------------------------------------------
        \27\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
        Subsequently, sec. 201(b)(3) of Public Law 105-384 (112 Stat. 3451)
    effectively made the same amendment by striking out ``the Magnuson
    Fishery'' and inserting in lieu thereof ``the Magnuson-Stevens
    Fishery''.
    ---------------------------------------------------------------------------
              (7) Organization.--The term ``Organization'' means
            the Northwest Atlantic Fisheries Organization provided
            for by Article II of the Convention.
              (8) Person.--The term ``person'' means any individual
            (whether or not a citizen or national of the United
            States), and any corporation, partnership, association,
            or other entity (whether or not organized or existing
            under the laws of any State).
              (9) Representative.--The term ``Representative''
            means a United States Representative to the Northwest
            Atlantic Fisheries Scientific Council appointed under
            section 202(c).
              (10) Scientific council.--The term ``Scientific
            Council'' means the Scientific Council provided for by
            Articles II, VI, VII, VIII, IX, and X of the
            Convention.
              (11) Secretary.--The term ``Secretary'' means the
            Secretary of Commerce.

    SEC. 211.\28\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to carry out this
    title, including use for payment as the United States
    contribution to the Organization as provided in Article XVI of
    the Convention, $500,000 for each fiscal year through fiscal
    year 2006.\29\
    ---------------------------------------------------------------------------
        \28\ 16 U.S.C. 5610.
        \29\ Sec. 201(a) of Public Law 105-384 (112 Stat. 3451) struck out
    the authorization of appropriations for fiscal years 1995 through 1998
    and inserted in lieu thereof the authorization of appropriations
    through fiscal year 2001.
        Subsequently, sec. 305 of the Fisheries Conservation Act of 2002
    (title III of Public Law 107-372; 116 Stat. 3096) struck out ``2001''
    and inserted in lieu thereof ``2006''.
    ---------------------------------------------------------------------------

    SEC. 212.\30\ ANNUAL REPORT.

        The Secretary shall annually report to the Congress on the
    activities of the Fisheries Commission, the General Council,
    the Scientific Council, and the consultative committee
    established under section 208.
    ---------------------------------------------------------------------------
        \30\ 16 U.S.C. 5611. Sec. 201(c) of Public Law 105-384 (112 Stat.
    3452) added sec. 212.
    ---------------------------------------------------------------------------

    SEC. 213.\31\ QUOTA ALLOCATION PRACTICE.

        (a) In General.--The Secretary of Commerce, acting through
    the Secretary of State, shall promptly seek to establish a new
    practice for allocating quotas under the Convention that--
    ---------------------------------------------------------------------------
        \31\ 16 U.S.C. 5612. Sec. 201(d) of Public Law 105-384 (112 Stat.
    3452) added sec. 213.
    ---------------------------------------------------------------------------
              (1) is predictable and transparent;
              (2) provides fishing opportunities for all members of
            the Organization; and
              (3) is consistent with the Straddling Fish Stocks
            Agreement.
        (b) Report.--The Secretary of Commerce shall include in
    annual reports under section 212--
              (1) a description of the results of negotiations held
            pursuant to subsection (a);
              (2) an identification of barriers to achieving such a
            new allocation practice; and
              (3) recommendations for any further legislation that
            is necessary to achieve such a new practice.
        (c) Definition.--In this section the term ``Straddling Fish
    Stocks Agreement'' means the United Nations Agreement for the
    Implementation of the Provisions of the United Nations
    Convention on the Law of the Sea of 10 December 1982 Relating
    to the Conservation and Management of Straddling Fish Stocks
    and Highly Migratory Fish Stocks.

                    TITLE III--ATLANTIC TUNAS CONVENTION ACT

    SEC. 301.\32\ SHORT TITLE.

        This title may be cited as the ``Atlantic Tunas Convention
    Authorization Act of 1995''.
    ---------------------------------------------------------------------------
        \32\ 16 U.S.C. 971 note.
    ---------------------------------------------------------------------------

    SEC. 302. RESEARCH AND MONITORING ACTIVITIES.

        (a) Report to Congress.--The Secretary of Commerce shall,
    within 90 days after the date of enactment of this Act, submit
    a report to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Resources of
    the House of Representatives--
              (1) identifying current governmental and
            nongovernmental research and monitoring activities on
            Atlantic bluefin tuna and other highly migratory
            species;
              (2) describing the personnel and budgetary resources
            allocated to such activities; and
              (3) explaining how each activity contributes to the
            conservation and management of Atlantic bluefin tuna
            and other highly migratory species.
        (b) \33\ Research and Monitoring Program.--Section 3 of the
    Act of September 4, 1980 (16 U.S.C. 971i) is amended-- * * *
    ---------------------------------------------------------------------------
        \33\ The Act of September 4, 1980--Atlantic Tunas Convention Act of
    1975, Appropriation Authorization--may be found at page 194.
    ---------------------------------------------------------------------------
              * * * * * * * \34\
    ---------------------------------------------------------------------------
        \34\ Secs. 303 through 308 of this Act amended the Atlantic Tunas
    Convention Act of 1975.
    ---------------------------------------------------------------------------

    SEC. 309. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA.

        (a) Not later than 90 days after the date of the enactment
    of this Act, the Secretary of Commerce in accordance with this
    section shall publish a preliminary determination of the level
    of the United States recreational and commercial catch of
    Atlantic yellowfin tuna on an annual basis since 1980. The
    Secretary shall publish a preliminary determination in the
    Federal Register for comment for a period not to exceed 60
    days. The Secretary shall publish a final determination not
    later than 140 days from the date of the enactment of this
    section.
        (b) Not later than July 1, 1997,\35\ the Secretary of
    Commerce shall implement the recommendations of the
    International Commission for the Conservation of Atlantic Tunas
    regarding yellowfin tuna made pursuant to Article VIII of the
    International Convention for the Conservation of Atlantic Tunas
    and acted upon favorably by the Secretary of State under
    section 5(a) of the Atlantic Tunas Convention Act of 1975 (16
    U.S.C. 971c(a)).
    ---------------------------------------------------------------------------
        \35\ Sec. 406 of the Sustainable Fisheries Act (Public Law 104-297;
    110 Stat. 3621) struck out ``July 1, 1996'' and inserted in lieu
    thereof `` July 1, 1997''.
    ---------------------------------------------------------------------------

    SEC. 310. STUDY OF BLUEFIN TUNA REGULATIONS.

        Not later than 270 days after the date of enactment of this
    Act, the Secretary of Commerce shall submit to the Committee on
    Commerce, Science and Transportation of the Senate and to the
    Committee on Resources of the House of Representatives a report
    on the historic rationale, effectiveness, and biological and
    economic efficiency of existing bluefin tuna regulations for
    United States Atlantic fisheries. Specifically, the biological
    rationale for each regional and category allocation, including
    directed and incidental categories, should be described in
    light of the average size, age, and maturity of bluefin tuna
    caught in each fishery and the effect of this harvest on stock
    rebuilding and sustainable yield. The report should examine the
    history and evaluate the level of wasteful discarding, and
    evaluate the effectiveness of non-quota regulations at
    constraining harvests within regions. Further, comments should
    be provided on levels of participation in specific fisheries in
    terms of vessels and trips, enforcement implications, and the
    importance of monitoring information provided by these
    allocations on the precision of the stock assessment estimates.

    SEC. 311. SENSE OF THE CONGRESS WITH RESPECT TO ICCAT NEGOTIATIONS.

        (a) Sharing of Conservation Burden.--It is the sense of the
    Congress that in future negotiations of the International
    Commission for the Conservation of Atlantic Tunas (hereafter in
    this section referred to as ``ICCAT''), the Secretary of
    Commerce shall ensure that the conservation actions recommended
    by international commissions and implemented by the Secretary
    for United States commercial and recreational fishermen provide
    fair and equitable sharing of the conservation burden among all
    contracting harvesters in negotiations with those commissions.
        (b) Enforcement Provisions.--It is further the sense of the
    Congress that, during 1995 ICCAT negotiations on swordfish and
    other Highly Migratory Species managed by ICCAT, the Congress
    encourages the United States Commissioners to add enforcement
    provisions similar to those applicable to bluefin tuna.
        (c) Enhanced Monitoring.--It is further the sense of the
    Congress that the National Oceanic and Atmospheric
    Administration and the United States Customs Service should
    enhance monitoring activities to ascertain what specific stocks
    are being imported into the United States and the country of
    origin.
        (d) Multilateral Enforcement Process.--It is further the
    sense of the Congress that the United States Commissioners
    should pursue as a priority the establishment and
    implementation prior to December 31, 1996, an effective
    multilateral process that will enable ICCAT nations to enforce
    the conservation recommendations of the Commission.

                      TITLE IV--FISHERMEN'S PROTECTIVE ACT

    SEC. 401.\36\ FINDINGS.

        The Congress finds that--
    ---------------------------------------------------------------------------
        \36\ 22 U.S.C. 1980a note.
    ---------------------------------------------------------------------------
              (1) customary international law and the United
            Nations Convention on the Law of the Sea guarantee the
            right of passage, including innocent passage, to
            vessels through the waters commonly referred to as the
            ``Inside Passage'' off the Pacific Coast of Canada;
              (2) in 1994 Canada required all commercial fishing
            vessels of the United States to pay 1,500 Canadian
            dollars to obtain a ``license which authorizes
            transit'' through the Inside Passage;
              (3) this action was inconsistent with international
            law, including the United Nations Convention on the Law
            of the Sea, and, in particular, Article 26 of that
            Convention, which specifically prohibits such fees, and
            threatened the safety of United States commercial
            fishermen who sought to avoid the fee by traveling in
            less protected waters;
              (4) the Fishermen's Protective Act of 1967 provides
            for the reimbursement of vessel owners who are forced
            to pay a license fee to secure the release of a vessel
            which has been seized, but does not permit
            reimbursement of a fee paid by the owner in advance in
            order to prevent a seizure;
              (5) Canada required that the license fee be paid in
            person in 2 ports on the Pacific Coast of Canada, or in
            advance by mail;
              (6) significant expense and delay was incurred by
            commercial fishing vessels of the United States that
            had to travel from the point of seizure back to one of
            those ports in order to pay the license fee required by
            Canada, and the costs of that travel and delay cannot
            be reimbursed under the Fishermen's Protective Act;
              (7) the Fishermen's Protective Act of 1967 should be
            amended to permit vessel owners to be reimbursed for
            fees required by a foreign government to be paid in
            advance in order to navigate in the waters of that
            foreign country if the United States considers that fee
            to be inconsistent with international law;
              (8) the Secretary of State should seek to recover
            from Canada any amounts paid by the United States to
            reimburse vessel owners who paid the transit license
            fee;
              (9) the United States should review its current
            policy with respect to anchorage by commercial fishing
            vessels of Canada in waters of the United States off
            Alaska, including waters in and near the Dixon
            Entrance, and should accord such vessels the same
            treatment that commercial fishing vessels of the United
            States are accorded for anchorage in the waters of
            Canada off British Columbia;
              (10) the President should ensure that, consistent
            with international law, the United States Coast Guard
            has available adequate resources in the Pacific
            Northwest and Alaska to provide for the safety of
            United States citizens, the enforcement of United
            States law, and to protect the rights of the United
            States and keep the peace among vessels operating in
            disputed waters;
              (11) the President should continue to review all
            agreements between the United States and Canada to
            identify other actions that may be taken to convince
            Canada that any reinstatement of the transit license
            fee would be against Canada's long-term interests, and
            should immediately implement any actions which the
            President deems appropriate if Canada reinstates the
            fee;
              (12) the President should continue to convey to
            Canada in the strongest terms that the United States
            will not now, nor at any time in the future, tolerate
            any action by Canada which would impede or otherwise
            restrict the right of passage of vessels of the United
            States in a manner inconsistent with international law;
            and
              (13) the United States should continue its efforts to
            seek expeditious agreement with Canada on appropriate
            fishery conservation and management measures that can
            be implemented through the Pacific Salmon Treaty to
            address issues of mutual concern.

    SEC. 402. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT OF 1967.

        (a) * * *
        (b) * * *
        (c) Notwithstanding any other provision of law, the
    Secretary of State shall reimburse the owner of any vessel of
    the United States for costs incurred due to the seizure of such
    vessel in 1994 by Canada on the basis of a claim to
    jurisdiction over sedentary species which was not recognized by
    the United States at the time of such seizure. Any such
    reimbursement shall cover, in addition to amounts reimbursable
    under section 3 of the Fishermen's Protective Act of 1967 (22
    U.S.C. 1973), legal fees and travel costs incurred by the owner
    of any such vessel that were necessary to secure the prompt
    release of the vessel and crew. Total reimbursements under this
    subsection may not exceed $25,000 and may be made available
    from the unobligated balances of previously appropriated funds
    remaining in the Fishermen's Protective Fund established under
    section 9 of the Fishermen's Protective Act (22 U.S.C. 1979).
    ---------------------------------------------------------------------------
        \37\ Sec. 403 amended sec. 7 of the Fishermen's Protective Act.
    ---------------------------------------------------------------------------

    SEC. 403.\37\ REAUTHORIZATION. * * *

    SEC. 404. TECHNICAL CORRECTIONS.

        (a)(1) Section 15(a) of Public Law 103-238 is amended by
    striking ``April 1, 1994,'' and inserting ``May 1, 1994.''.
        (2) The amendment made by paragraph (1) shall be effective
    on and after April 30, 1994.
        (b) * * *

            TITLE V--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

    SEC. 501.\38\ SHORT TITLE.

        This title may be cited as the ``Sea of Okhotsk Fisheries
    Enforcement Act of 1995''.
    ---------------------------------------------------------------------------
        \38\ 16 U.S.C. 1823 note.
        \39\ Sec. 502 amended the Central Bering Sea Fisheries Enforcement
    Act of 1992.
    ---------------------------------------------------------------------------

    SEC. 502.\39\ FISHING PROHIBITION. * * *

                         TITLE VI--DRIFTNET MORATORIUM

    SEC. 601.\40\ SHORT TITLE.

        This title may be cited as the ``High Seas Driftnet Fishing
    Moratorium Protection Act''.
    ---------------------------------------------------------------------------
        \40\ 16 U.S.C. 1801 note.
    ---------------------------------------------------------------------------

    SEC. 602.\41\ FINDINGS.

        The Congress finds that--
    ---------------------------------------------------------------------------
        \41\ 16 U.S.C. 1826d note.
    ---------------------------------------------------------------------------
              (1) Congress has enacted and the President has signed
            into law numerous Acts to control or prohibit large-
            scale driftnet fishing both within the jurisdiction of
            the United States and beyond the exclusive economic
            zone of any nation, including the Driftnet Impact
            Monitoring, Assessment, and Control Act of 1987 (title
            IV, Public Law 100-220), the Driftnet Act Amendments of
            1990 (Public Law 101-627), and the High Seas Driftnet
            Fisheries Enforcement Act (title I, Public Law 102-
            582);
              (2) the United States is a party to the Convention
            for the Prohibition of Fishing with Long Driftnets in
            the South Pacific, also known as the Wellington
            Convention;
              (3) the General Assembly of the United Nations has
            adopted three resolutions and three decisions which
            established and reaffirm a global moratorium on large-
            scale driftnet fishing on the high seas, beginning with
            Resolution 44/225 in 1989 and most recently in Decision
            48/445 in 1993;
              (4) the General Assembly of the United Nations
            adopted these resolutions and decisions at the request
            of the United States and other concerned nations;
              (5) the best scientific information demonstrates the
            wastefulness and potentially destructive impacts of
            large-scale driftnet fishing on living marine resources
            and seabirds; and
              (6) Resolution 46/215 of the United Nations General
            Assembly calls on all nations, both individually and
            collectively, to prevent large-scale driftnet fishing
            on the high seas.

    SEC. 603.\42\ PROHIBITION.

        The United States, or any agency or official acting on
    behalf of the United States, may not enter into any
    international agreement with respect to the conservation and
    management of living marine resources or the use of the high
    seas by fishing vessels that would prevent full implementation
    of the global moratorium on large-scale driftnet fishing on the
    high seas, as such moratorium is expressed in Resolution 46/215
    of the United Nations General Assembly.
    ---------------------------------------------------------------------------
        \42\ 16 U.S.C. 1826d.
    ---------------------------------------------------------------------------

    SEC. 604.\43\ NEGOTIATIONS.

        The Secretary of State, on behalf of the United States,
    shall seek to enhance the implementation and effectiveness of
    the United Nations General Assembly resolutions and decisions
    regarding the moratorium on large-scale driftnet fishing on the
    high seas through appropriate international agreements and
    organizations.
    ---------------------------------------------------------------------------
        \43\ 16 U.S.C. 1826e.
    ---------------------------------------------------------------------------

    SEC. 605.\44\ CERTIFICATION.

        The Secretary of State shall determine in writing prior to
    the signing or provisional application by the United States of
    any international agreement with respect to the conservation
    and management of living marine resources or the use of the
    high seas by fishing vessels that the prohibition contained in
    section 603 will not be violated if such agreement is signed or
    provisionally applied.
    ---------------------------------------------------------------------------
        \44\ 16 U.S.C. 1826f.
    ---------------------------------------------------------------------------

    SEC. 606.\45\ ENFORCEMENT.

        The President shall utilize appropriate assets of the
    Department of Defense, the United States Coast Guard, and other
    Federal agencies to detect, monitor, and prevent violations of
    the United Nations moratorium on large-scale driftnet fishing
    on the high seas for all fisheries under the jurisdiction of
    the United States and, in the case of fisheries not under the
    jurisdiction of the United States, to the fullest extent
    permitted under international law.
    ---------------------------------------------------------------------------
        \45\ 16 U.S.C. 1826g.
    ---------------------------------------------------------------------------

                       TITLE VII--YUKON RIVER SALMON ACT

    SEC. 701.\46\ SHORT TITLE.

        This title may be cited as the ``Yukon River Salmon Act of
    1995''.
    ---------------------------------------------------------------------------
        \46\ 16 U.S.C. 5701 note.
    ---------------------------------------------------------------------------

    SEC. 702.\47\ PURPOSES.

        It is the purpose of this title--
    ---------------------------------------------------------------------------
        \47\ 16 U.S.C. 5701.
    ---------------------------------------------------------------------------
              (1) to implement the interim agreement for the
            conservation of salmon stocks originating from the
            Yukon River in Canada agreed to through an exchange of
            notes between the Government of the United States and
            the Government of Canada on February 3, 1995;
              (2) to provide for representation by the United
            States on the Yukon River Panel established under such
            agreement; and
              (3) to authorize to be appropriated sums necessary to
            carry out the responsibilities of the United States
            under such agreement.

    SEC. 703.\48\ DEFINITIONS.

        As used in this title--
    ---------------------------------------------------------------------------
        \48\ 16 U.S.C. 5702.
    ---------------------------------------------------------------------------
              (1) The term ``Agreement'' means the interim
            agreement for the conservation of salmon stocks
            originating from the Yukon River in Canada agreed to
            through an exchange of notes between the Government of
            the United States and the Government of Canada on
            February 3, 1995.
              (2) The term ``Panel'' means the Yukon River Panel
            established by the Agreement.
              (3) The term ``Yukon River Joint Technical
            Committee'' means the technical committee established
            by paragraph C.2 of the Memorandum of Understanding
            concerning the Pacific Salmon Treaty between the
            Government of the United States and the Government of
            Canada recorded January 28, 1985.

    SEC. 704.\49\ PANEL.

        (a) Representation.--The United States shall be represented
    on the Panel by six individuals, of whom--
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        \49\ 16 U.S.C. 5703.
    ---------------------------------------------------------------------------
              (1) one shall be an official of the United States
            Government with expertise in salmon conservation and
            management;
              (2) one shall be an official of the State of Alaska
            with expertise in salmon conservation and management;
            and
              (3) four shall be knowledgeable and experienced with
            regard to the salmon fisheries on the Yukon River.
        (b) Appointments.--Panel members shall be appointed as
    follows:
              (1) The Panel member described in subsection (a)(1)
            shall be appointed by the Secretary of State.
              (2) The Panel member described in subsection (a)(2)
            shall be appointed by the Governor of Alaska.
              (3) The Panel members described in subsection (a)(3)
            shall be appointed by the Secretary of State from a
            list of at least 3 individuals nominated for each
            position by the Governor of Alaska. The Governor of
            Alaska may consider suggestions for nominations
            provided by organizations with expertise in Yukon River
            salmon fisheries. The Governor of Alaska may make
            appropriate nominations to allow for, and the Secretary
            of State shall appoint, at least one member under
            subsection (a)(3) who is qualified to represent the
            interests of Lower Yukon River fishing districts, and
            at least one member who is qualified to represent the
            interests of Upper Yukon River fishing districts. At
            least one of the Panel members under subsection (a)(3)
            shall be an Alaska Native.
        (c) Alternates.--The Secretary of State may designate an
    alternate Panel member for each Panel member the Secretary
    appoints under subsections (b) (1) and (3), who meets the same
    qualifications, to serve in the absence of the Panel member.
    The Governor of the State of Alaska may designate an
    alternative Panel member for the Panel member appointed under
    subsection (b)(2), who meets the same qualifications, to serve
    in the absence of that Panel member.
        (d) Term Length.--Panel members and alternate Panel members
    shall serve four-year terms. Any individual appointed to fill a
    vacancy occurring before the expiration of any term shall be
    appointed for the remainder of that term.
        (e) Reappointment.--Panel members and alternate Panel
    members shall be eligible for reappointment.
        (f) Decisions.--Decisions by the United States section of
    the Panel shall be made by the consensus of the Panel members
    appointed under paragraphs (2) and (3) of subsection (a).
        (g) Consultation.--In carrying out their functions under
    the Agreement, Panel members may consult with such other
    interested parties as they consider appropriate.

    SEC. 705.\50\ ADVISORY COMMITTEE.

        (a) Appointments.--The Governor of Alaska may appoint an
    Advisory Committee of not less than eight, but not more than
    twelve, individuals who are knowledgeable and experienced with
    regard to the salmon fisheries on the Yukon River. At least 2
    of the Advisory Committee members shall be Alaska Natives.
    Members of the Advisory Committee may attend all meetings of
    the United States section of the Panel, and shall be given the
    opportunity to examine and be heard on any matter under
    consideration by the United States section of the Panel.
    ---------------------------------------------------------------------------
        \50\ 16 U.S.C. 5704.
    ---------------------------------------------------------------------------
        (b) Compensation.--The members of such Advisory Committee
    shall receive no compensation for their services.
        (c) Term Length.--Advisory Committee members shall serve
    two-year terms. Any individual appointed to fill a vacancy
    occurring before the expiration of any term shall be appointed
    for the remainder of that term.
        (d) Reappointment.--Advisory Committee members shall be
    eligible for reappointment.

    SEC. 706.\51\ EXEMPTION.

        The Federal Advisory Committee Act (5 U.S.C. App.) shall
    not apply to the Panel, the Yukon River Joint Technical
    Committee, or the Advisory Committee created under section 705
    of this title.
    ---------------------------------------------------------------------------
        \51\ 16 U.S.C. 5705.
    ---------------------------------------------------------------------------

    SEC. 707.\52\ AUTHORITY AND RESPONSIBILITY.

        (a) Responsible Management Entity.--The State of Alaska
    Department of Fish and Game shall be the responsible management
    entity for the United States for the purposes of the Agreement.
    ---------------------------------------------------------------------------
        \52\ 16 U.S.C. 5706.
    ---------------------------------------------------------------------------
        (b) Effect of Designation.--The designation under
    subsection (a) shall not be considered to expand, diminish, or
    change the management authority of the State of Alaska or the
    Federal Government with respect to fishery resources.
        (c) Recommendations of Panel.--In addition to
    recommendations made by the Panel to the responsible management
    entities in accordance with the Agreement, the Panel may make
    recommendations concerning the conservation and management of
    salmon originating in the Yukon River to the Department of the
    Interior, Department of Commerce, Department of State, North
    Pacific Fishery Management Council, and other Federal or State
    entities as appropriate. Recommendations by the Panel shall be
    advisory in nature.

    SEC. 708.\53\ CONTINUATION OF AGREEMENT.

        In the event that the Treaty between Canada and the United
    States of America concerning Pacific Salmon, signed at Ottawa,
    January 28, 1985, terminates prior to the termination of the
    Agreement, and the functions of the Panel are assumed by the
    ``Yukon River Salmon Commission'' referenced in the Agreement,
    the provisions of this title which apply to the Panel shall
    thereafter apply to the Yukon River Salmon Commission, and the
    other provisions of this title shall remain in effect.
    ---------------------------------------------------------------------------
        \53\ 16 U.S.C. 5707.
    ---------------------------------------------------------------------------

    SEC. 709.\54\ ADMINISTRATIVE MATTERS.

        (a) Panel members and alternate Panel members who are not
    State or Federal employees shall receive compensation at the
    daily rate of GS-15 of the General Schedule when engaged in the
    actual performance of duties.
    ---------------------------------------------------------------------------
        \54\ 16 U.S.C. 5708.
    ---------------------------------------------------------------------------
        (b) Travel and other necessary expenses shall be paid for
    all Panel members, alternate Panel members, United States
    members of the Joint Technical Committee, and members of the
    Advisory Committee when engaged in the actual performance of
    duties.
        (c) Except for officials of the United States Government,
    individuals described in subsection (b) shall not be considered
    to be Federal employees while engaged in the actual performance
    of duties, except for the purposes of injury compensation or
    tort claims liability as provided in chapter 81 of title 5,
    United States Code, and chapter 71 of title 28, United States
    Code.

    SEC. 710.\55\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated $4,000,000 for each
    fiscal year for carrying out the purposes and provisions of the
    Agreement and this title including--
    ---------------------------------------------------------------------------
        \55\ 16 U.S.C. 5709.
    ---------------------------------------------------------------------------
              (1) necessary travel expenses of Panel members,
            alternate Panel members, United States members of the
            Joint Technical Committee, and members of the Advisory
            Committee in accordance with Federal Travel Regulations
            and sections 5701, 5702, 5704 through 5708, and 5731 of
            title 5, United States Code;
              (2) the United States share of the joint expenses of
            the Panel and the Joint Technical Committee: Provided,
            That Panel members and alternate Panel members shall
            not, with respect to commitments concerning the United
            States share of the joint expenses, be subject to
            section 262(b) of title 22, United States Code, insofar
            as it limits the authority of United States
            representatives to international organizations with
            respect to such commitments;
              (3) not more than $3,000,000 for each fiscal year to
            the Department of the Interior and to the Department of
            Commerce for survey, restoration, and enhancement
            activities related to Yukon River salmon; and
              (4) $400,000 in each of fiscal years 1996, 1997,
            1998, and 1999 to be contributed to the Yukon River
            Restoration and Enhancement Fund and used in accordance
            with the Agreement.

                           TITLE VIII--MISCELLANEOUS

    SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.

        Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C.
    973g) is amended by adding at the end thereof the following: *
    * *

    SEC. 802.\56\ FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC
                        MACKEREL.

        Notwithstanding any other provision of law--
    ---------------------------------------------------------------------------
        \56\ 16 U.S.C. 1821 note.
    ---------------------------------------------------------------------------
              (1) no allocation may be made to any foreign nation
            or vessel under section 201 of the Magnuson-Stevens
            Fishery Conservation and Management Act (16 U.S.C. 1801
            et seq.) \57\ in any fishery for which there is not a
            fishery management plan implemented in accordance with
            that Act; and
    ---------------------------------------------------------------------------
        \57\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (2) the Secretary of Commerce may not approve the
            portion of any permit application submitted under
            section 204(b) of the Act which proposes fishing by a
            foreign vessel for Atlantic mackerel or Atlantic
            herring unless--
                      (A) the appropriate regional fishery
                    management council recommends under section
                    204(b)(5) of that Act that the Secretary
                    approve such fishing, and
                      (B) the Secretary of Commerce includes in the
                    permit any conditions or restrictions
                    recommended by the appropriate regional fishery
                    management council with respect to such
                    fishing.
                                  5. Dolphins

                 a. International Dolphin Conservation Program

     Title III of Public Law 92-522 [Marine Mammal Protection Act of 1972;
     H.R. 10420], 86 Stat. 1027, approved October 21, 1972; as amended by
      Public Law 102-523 [International Dolphin Conservation Act of 1992;
     H.R. 5419], 106 Stat. 3425, approved October 26, 1992; and Public Law
    105-42 [International Dolphin Conservation Program Act; H.R. 408], 111
                      Stat. 1122, approved August 15, 1997

        AN ACT To protect marine mammals, to establish a Marine Mammal
                      Commission, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act, with the following table of contents, may be cited as the
    ``Marine Mammal Protection Act of 1972''.
    ---------------------------------------------------------------------------
        \1\ Sec. 2(a) of the International Dolphin Conservation Act of 1992
    (Public Law 102-523; 106 Stat. 3425) added title III. Sec. 6(a) of
    Public Law 105-42 (111 Stat. 1129) amended the heading of title III,
    which previously read as follows: ``GLOBAL MORATORIUM TO PROHIBIT
    CERTAIN TUNA HARVESTING PRACTICES''.
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(a) would become effective upon certification
    by the Secretary of Commerce that sufficient funding is available to
    complete the first year of the study required under sec. 304(a) of the
    Marine Mammal Protection Act of 1972 and the study has commenced; and
    certification by the Secretary of State to Congress that a binding
    resolution of the Inter-American Tropical Tuna Commission or other
    legally binding instrument establishing the International Dolphin
    Conservation Program has been adopted and is in force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
    ---------------------------------------------------------------------------
              * * * * * * *

           TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM \1\

    SEC. 301.\2\ FINDINGS AND POLICY.

        (a) Findings.--The Congress finds the following:
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 1411.
    ---------------------------------------------------------------------------
              (1) The yellowfin tuna fishery of the eastern
            tropical Pacific Ocean has resulted in the deaths of
            millions of dolphins.
              (2) Significant awareness and increased concern for
            the health and safety of dolphin populations has
            encouraged a change in fishing methods worldwide.
              (3) United States tuna fishing vessels have led the
            world in the development of fishing methods to reduce
            dolphin mortalities in the eastern tropical Pacific
            Ocean and United States tuna processing companies have
            voluntarily promoted the marketing of tuna that is
            dolphin safe.
              (4) \3\ Nations harvesting yellowfin tuna in the
            eastern tropical Pacific Ocean have demonstrated their
            willingness to participate in appropriate multilateral
            agreements to reduce dolphin mortality progressively to
            a level approaching zero through the setting of annual
            limits, with the goal of eliminating dolphin mortality
            in that fishery. Recognition of the International
            Dolphin Conservation Program will assure that the
            existing trend of reduced dolphin mortality continues;
            that individual stocks of dolphins are adequately
            protected; and that the goal of eliminating all dolphin
            mortality continues to be a priority.
    ---------------------------------------------------------------------------
        \3\ Sec. 6(b)(1) of Public Law 105-42 (111 Stat. 1129) amended and
    restated para. (4), which previously read as following:
        ``(4) Nations harvesting yellowfin tuna in the eastern tropical
    Pacific Ocean have indicated their willingness to participate in
    appropriate multilateral agreements to reduce, and eventually
    eliminate, dolphin mortality in that fishery.''.
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(b)(1) would become effective upon
    certification by the Secretary of Commerce that sufficient funding is
    available to complete the first year of the study required under
    section 304(a) of the Marine Mammal Protection Act of 1972 and the
    study has commenced; and certification by the Secretary of State to
    Congress that a binding resolution of the Inter-American Tropical Tuna
    Commission or other legally binding instrument establishing the
    International Dolphin Conservation Program has been adopted and is in
    force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
    ---------------------------------------------------------------------------
        (b) Policy.--It is the policy of the United States to--
              (1) eliminate the marine mammal mortality resulting
            from the intentional encirclement of dolphins and other
            marine mammals in tuna purse seine fisheries;
              (2) \4\ support the International Dolphin
            Conservation Program and efforts within the Program to
            reduce, with the goal of eliminating, the mortality
            referred to in paragraph (1);
    ---------------------------------------------------------------------------
        \4\ Sec. 6(b)(2) of Public Law 105-42 (111 Stat. 1129) struck out
    paras. (2) and (3) and inserted in lieu thereof new paras. (2) and (3).
    Paras. (2) and (3) previously read as follows:
        ``(2) secure appropriate multilateral agreements to reduce, and
    eventually eliminate, the mortality referred to in paragraph (1);
        ``(3) ensure that the market of the United States does not act as
    an incentive to the harvest of tuna caught in association with dolphins
    or with driftnets;''.
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(b)(2) would become effective upon
    certification by the Secretary of Commerce that sufficient funding is
    available to complete the first year of the study required under
    section 304(a) of the Marine Mammal Protection Act of 1972 and the
    study has commenced; and certification by the Secretary of State to
    Congress that a binding resolution of the Inter-American Tropical Tuna
    Commission or other legally binding instrument establishing the
    International Dolphin Conservation Program has been adopted and is in
    force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
    ---------------------------------------------------------------------------
              (3) \4\ ensure that the market of the United States
            does not act as an incentive to the harvest of tuna
            caught with driftnets or caught by purse seine vessels
            in the eastern tropical Pacific Ocean not operating in
            compliance with the International Dolphin Conservation
            Program;
              (4) secure appropriate multilateral agreements to
            ensure that United States tuna fishing vessels shall
            have continued access to productive tuna fishing
            grounds in the South Pacific Ocean and elsewhere; and
              (5) encourage observer coverage on purse seine
            vessels fishing for tuna outside of the eastern
            tropical Pacific Ocean in a fishery in which the
            Secretary has determined that a regular and significant
            association occurs between marine mammals and tuna, and
            in which tuna is harvested through the use of purse
            seine nets deployed on or to encircle marine mammals.

    SEC. 302.\5\ INTERNATIONAL DOLPHIN CONSERVATION PROGRAM.

        The Secretary of State, in consultation with the Secretary,
    shall seek to secure a binding international agreement to
    establish an International Dolphin Conservation Program that
    requires--
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 1412. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130)
    struck out sec. 302 and inserted in lieu thereof a new sec. 302.
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(c) would become effective upon certification
    by the Secretary of Commerce that sufficient funding is available to
    complete the first year of the study required under section 304(a) of
    the Marine Mammal Protection Act of 1972 and the study has commenced;
    and certification by the Secretary of State to Congress that a binding
    resolution of the Inter-American Tropical Tuna Commission or other
    legally binding instrument establishing the International Dolphin
    Conservation Program has been adopted and is in force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
    ---------------------------------------------------------------------------
              (1) that the total annual dolphin mortality in the
            purse seine fishery for yellowfin tuna in the eastern
            tropical Pacific Ocean shall not exceed 5,000 animals
            with a commitment and objective to progressively reduce
            dolphin mortality to a level approaching zero through
            the setting of annual limits;
              (2) the establishment of a per-stock per-year dolphin
            mortality limit, to be in effect through calendar year
            2000, at a level between 0.2 percent and 0.1 percent of
            the minimum population estimate, as calculated,
            revised, or approved by the Secretary;
              (3) the establishment of a per-stock per-year dolphin
            mortality limit, beginning with the calendar year 2001,
            at a level less than or equal to 0.1 percent of the
            minimum population estimate as calculated, revised, or
            approved by the Secretary;
              (4) that if a dolphin mortality limit is exceeded
            under--
                      (A) paragraph (1), all sets on dolphins shall
                    cease for the applicable fishing year; and
                      (B) paragraph (2) or (3), all sets on the
                    stocks covered under paragraph (2) or (3) and
                    any mixed schools that contain any of those
                    stocks shall cease for the applicable fishing
                    year;
              (5) a scientific review and assessment to be
            conducted in calendar year 1998 to--
                      (A) assess progress in meeting the objectives
                    set for calendar year 2000 under paragraph (2);
                    and
                      (B) as appropriate, consider recommendations
                    for meeting these objectives;
              (6) a scientific review and assessment to be
            conducted in calendar year 2000--
                      (A) to review the stocks covered under
                    paragraph (3); and
                      (B) as appropriate to consider
                    recommendations to further the objectives set
                    under that paragraph;
              (7) the establishment of a per vessel maximum annual
            dolphin mortality limit consistent with the established
            per-year mortality limits, as determined under
            paragraphs (1) through (3); and
              (8) the provision of a system of incentives to vessel
            captains to continue to reduce dolphin mortality, with
            the goal of eliminating dolphin mortality.

    SEC. 303.\6\ REGULATORY AUTHORITY OF THE SECRETARY.

        (a) Regulations.--
              (1) The Secretary shall issue regulations, and revise
            those regulations as may be appropriate, to implement
            the International Dolphin Conservation Program.
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 1413. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130)
    struck out sec. 303 and inserted in lieu thereof a new sec. 303.
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(c) would become effective upon certification
    by the Secretary of Commerce that sufficient funding is available to
    complete the first year of the study required under section 304(a) of
    the Marine Mammal Protection Act of 1972 and the study has commenced;
    and certification by the Secretary of State to Congress that a binding
    resolution of the Inter-American Tropical Tuna Commission or other
    legally binding instrument establishing the International Dolphin
    Conservation Program has been adopted and is in force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
    ---------------------------------------------------------------------------
              (2)(A) The Secretary shall issue regulations to
            authorize and govern the taking of marine mammals in
            the eastern tropical Pacific Ocean, including any
            species of marine mammal designated as depleted under
            this Act but not listed as endangered or threatened
            under the Endangered Species Act (16 U.S.C. 1531 et
            seq.), by vessels of the United States participating in
            the International Dolphin Conservation Program.
              (B) Regulations issued under this section shall
            include provisions--
                      (i) requiring observers on each vessel;
                      (ii) requiring use of the backdown procedure
                    or other procedures equally or more effective
                    in avoiding mortality of, or serious injury to,
                    marine mammals in fishing operations;
                      (iii) prohibiting intentional sets on stocks
                    and schools in accordance with the
                    International Dolphin Conservation Program;
                      (iv) requiring the use of special equipment,
                    including dolphin safety panels in nets,
                    monitoring devices as identified by the
                    International Dolphin Conservation Program to
                    detect unsafe fishing conditions that may cause
                    high incidental dolphin mortality before nets
                    are deployed by a tuna vessel, operable rafts,
                    speedboats with towing bridles, floodlights in
                    operable condition, and diving masks and
                    snorkels;
                      (v) ensuring that the backdown procedure
                    during sets of purse seine net on marine
                    mammals is completed and rolling of the net to
                    sack up has begun no later than 30 minutes
                    before sundown;
                      (vi) banning the use of explosive devices in
                    all purse seine operations;
                      (vii) establishing per vessel maximum annual
                    dolphin mortality limits, total dolphin
                    mortality limits and per-stock per-year
                    mortality limits in accordance with the
                    International Dolphin Conservation Program;
                      (viii) preventing the making of intentional
                    sets on dolphins after reaching either the
                    vessel maximum annual dolphin mortality limits,
                    total dolphin mortality limits, or per-stock
                    per-year mortality limits;
                      (ix) preventing the fishing on dolphins by a
                    vessel without an assigned vessel dolphin
                    mortality limit;
                      (x) allowing for the authorization and
                    conduct of experimental fishing operations,
                    under such terms and conditions as the
                    Secretary may prescribe, for the purpose of
                    testing proposed improvements in fishing
                    techniques and equipment that may reduce or
                    eliminate dolphin mortality or serious injury
                    do not require the encirclement of dolphins in
                    the course of commercial yellowfin tuna
                    fishing;
                      (xi) authorizing fishing within the area
                    covered by the International Dolphin
                    Conservation Program by vessels of the United
                    States without the use of special equipment or
                    nets if the vessel takes an observer and does
                    not intentionally deploy nets on, or encircle,
                    dolphins, under such terms and conditions as
                    the Secretary may prescribe; and
                      (xii) containing such other restrictions and
                    requirements as the Secretary determines are
                    necessary to implement the International
                    Dolphin Conservation Program with respect to
                    vessels of the United States.
              (C) Adjustments to requirements.--The Secretary may
            make such adjustments as may be appropriate to
            requirements of subparagraph (B) that pertain to
            fishing gear, vessel equipment, and fishing practices
            to the extent the adjustments are consistent with the
            International Dolphin Conservation Program.
        (b) Consultation.--In developing any regulation under this
    section, the Secretary shall consult with the Secretary of
    State, the Marine Mammal Commission, and the United States
    Commissioners to the Inter-American Tropical Tuna Commission
    appointed under section 3 of the Tuna Conventions Act of 1950
    (16 U.S.C. 952).
        (c) Emergency Regulations.--
              (1) If the Secretary determines, on the basis of the
            best scientific information available (including
            research conducted under section 304 and information
            obtained under the International Dolphin Conservation
            Program) that the incidental mortality and serious
            injury of marine mammals authorized under this title is
            having, or is likely to have, a significant adverse
            impact on a marine mammal stock or species, the
            Secretary shall--
                      (A) notify the Inter-American Tropical Tuna
                    Commission of his or her determination, along
                    with recommendations to the Commission as to
                    actions necessary to reduce incidental
                    mortality and serious injury and mitigate such
                    adverse impact; and
                      (B) prescribe emergency regulations to reduce
                    incidental mortality and serious injury and
                    mitigate such adverse impact.
              (2) Before taking action under subparagraph (A) or
            (B) of paragraph (1), the Secretary shall consult with
            the Secretary of State, the Marine Mammal Commission,
            and the United States Commissioners to the Inter-
            American Tropical Tuna Commission.
              (3) Emergency regulations prescribed under this
            subsection--
                      (A) shall be published in the Federal
                    Register, together with an explanation thereof;
                      (B) shall remain in effect for the duration
                    of the applicable fishing year; and
                      (C) may be terminated by the Secretary at an
                    earlier date by publication in the Federal
                    Register of a notice of termination if the
                    Secretary determines that the reasons for the
                    emergency action no longer exist.
              (4) If the Secretary finds that the incidental
            mortality and serious injury of marine mammals in the
            yellowfin tuna fishery in the eastern tropical Pacific
            Ocean is continuing to have a significant adverse
            impact on a stock or species, the Secretary may extend
            the emergency regulations for such additional periods
            as may be necessary.
              (5) Within 120 days after the Secretary notifies the
            United States Commissioners to the Inter-American
            Tropical Tuna Commission of the Secretary's
            determination under paragraph (1)(A), the United States
            Commissioners shall call for a special meeting of the
            Commission to address the actions necessary to reduce
            incidental mortality and serious injury and mitigate
            the adverse impact which resulted in the determination.
            The Commissioners shall report the results of the
            special meeting in writing to the Secretary and to the
            Secretary of State. In their report, the Commissioners
            shall--
                      (A) include a description of the actions
                    taken by the harvesting nations or under the
                    International Dolphin Conservation Program to
                    reduce the incidental mortality and serious
                    injury and measures to mitigate the adverse
                    impact on the marine mammal species or stock;
                      (B) indicate whether, in their judgment, the
                    actions taken address the problem adequately;
                    and
                      (C) if they indicate that the actions taken
                    do not address the problem adequately, include
                    recommendations of such additional action to be
                    taken as may be necessary.

    SEC. 304.\7\ RESEARCH.

        (a) Required Research.--
              (1) In general.--The Secretary shall, in consultation
            with the Marine Mammal Commission and the Inter-
            American Tropical Tuna Commission, conduct a study of
            the effect of intentional encirclement (including
            chase) on dolphins and dolphin stocks incidentally
            taken in the course of purse seine fishing for
            yellowfin tuna in the eastern tropical Pacific Ocean.
            The study, which shall commence on October 1, 1997,
            shall consist of abundance surveys as described in
            paragraph (2) and stress studies as described in
            paragraph (3), and shall address the question of
            whether such encirclement is having a significant
            adverse impact on any depleted dolphin stock in the
            eastern tropical Pacific Ocean.
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 1414a. Sec. 6(c) of Public Law 105-42 (111 Stat.
    1130) struck out sec. 304 and inserted in lieu thereof a new sec. 304.
    ---------------------------------------------------------------------------
              (2) Population abundance surveys.--The abundance
            surveys under this subsection shall survey the
            abundance of such depleted stocks and shall be
            conducted during each of the calendar years 1998, 1999,
            and 2000.
              (3) Stress studies.--The stress studies under this
            subsection shall include--
                      (A) a review of relevant stress-related
                    research and a 3-year series of necropsy
                    samples from dolphins obtained by commercial
                    vessels;
                      (B) a 1-year review of relevant historical
                    demographic and biological data related to
                    dolphins and dolphin stocks referred to in
                    paragraph (1); and
                      (C) an experiment involving the repeated
                    chasing and capturing of dolphins by means of
                    intentional encirclement.
              (4) Report.--No later than 90 days after publishing
            the finding under subsection (g)(2) of the Dolphin
            Protection Consumer Information Act, the Secretary
            shall complete and submit a report containing the
            results of the research described in this subsection to
            the United States Senate Committee on Commerce,
            Science, and Transportation and the United States House
            of Representatives Committees on Resources and on
            Commerce, and to the Inter-American Tropical Tuna
            Commission.
        (b) Other Research.--
              (1) In general.--In addition to conducting the
            research described in subsection (a), the Secretary
            shall, in consultation with the Marine Mammal
            Commission and in cooperation with the nations
            participating in the International Dolphin Conservation
            Program and the Inter-American Tropical Tuna
            Commission, undertake or support appropriate scientific
            research to further the goals of the International
            Dolphin Conservation Program.
              (2) Specific areas of research.--Research carried out
            under paragraph (1) may include--
                      (A) projects to devise cost-effective fishing
                    methods and gear so as to reduce, with the goal
                    of eliminating, the incidental mortality and
                    serious injury of marine mammals in connection
                    with commercial purse seine fishing in the
                    eastern tropical Pacific Ocean;
                      (B) projects to develop cost-effective
                    methods of fishing for mature yellowfin tuna
                    without setting nets on dolphins or other
                    marine mammals;
                      (C) projects to carry out stock assessments
                    for those marine mammal species and marine
                    mammal stocks taken in the purse seine fishery
                    for yellowfin tuna in the eastern tropical
                    Pacific Ocean, including species or stocks not
                    within waters under the jurisdiction of the
                    United States; and
                      (D) projects to determine the extent to which
                    the incidental take of nontarget species,
                    including juvenile tuna, occurs in the course
                    of purse seine fishing for yellowfin tuna in
                    the eastern tropical Pacific Ocean, the
                    geographic location of the incidental take, and
                    the impact of that incidental take on tuna
                    stocks and nontarget species.
        (c) Authorization of Appropriations.--
              (1) There are authorized to be appropriated to the
            Secretary the following amounts, to be used by the
            Secretary to carry out the research described in
            subsection (a):
                      (A) $4,000,000 for fiscal year 1998.
                      (B) $3,000,000 for fiscal year 1999.
                      (C) $4,000,000 for fiscal year 2000.
                      (D) $1,000,000 for fiscal year 2001.
              (2) In addition to the amount authorized to be
            appropriated under paragraph (1), there are authorized
            to be appropriated to the Secretary for carrying out
            this section $3,000,000 for each of the fiscal years
            1998, 1999, 2000, and 2001.

    SEC. 305.\8\ REPORTS BY THE SECRETARY.

        Notwithstanding section 103(f), the Secretary shall submit
    annual reports to the Congress which include--
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 1415. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130)
    struck out sec. 305 and inserted in lieu thereof a new sec. 305.
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(c) would become effective upon certification
    by the Secretary of Commerce that sufficient funding is available to
    complete the first year of the study required under section 304(a) of
    the Marine Mammal Protection Act of 1972 and the study has commenced;
    and certification by the Secretary of State to Congress that a binding
    resolution of the Inter-American Tropical Tuna Commission or other
    legally binding instrument establishing the International Dolphin
    Conservation Program has been adopted and is in force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
    ---------------------------------------------------------------------------
              (1) results of research conducted pursuant to section
            304;
              (2) a description of the status and trends of stocks
            of tuna;
              (3) a description of the efforts to assess, avoid,
            reduce, and minimize the bycatch of juvenile yellowfin
            tuna and bycatch of nontarget species;
              (4) a description of the activities of the
            International Dolphin Conservation Program and of the
            efforts of the United States in support of the
            Program's goals and objectives, including the
            protection of dolphin stocks in the eastern tropical
            Pacific Ocean, and an assessment of the effectiveness
            of the Program;
              (5) actions taken by the Secretary under section
            101(a)(2)(B) and section 101(d);
              (6) copies of any relevant resolutions and decisions
            of the Inter-American Tropical Tuna Commission, and any
            regulations promulgated by the Secretary under this
            title; and
              (7) any other information deemed relevant by the
            Secretary.

    SEC. 306.\9\ PERMITS.

        (a) In General.--
              (1) Consistent with the regulations issued pursuant
            to section 303, the Secretary shall issue a permit to a
            vessel of the United States authorizing participation
            in the International Dolphin Conservation Program and
            may require a permit for the person actually in charge
            of and controlling the fishing operation of the vessel.
            The Secretary shall prescribe such procedures as are
            necessary to carry out this subsection, including
            requiring the submission of--
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 1416. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130)
    struck out sec. 306 and inserted in lieu thereof a new sec. 306.
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(c) would become effective upon certification
    by the Secretary of Commerce that sufficient funding is available to
    complete the first year of the study required under section 304(a) of
    the Marine Mammal Protection Act of 1972 and the study has commenced;
    and certification by the Secretary of State to Congress that a binding
    resolution of the Inter-American Tropical Tuna Commission or other
    legally binding instrument establishing the International Dolphin
    Conservation Program has been adopted and is in force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
    ---------------------------------------------------------------------------
                      (A) the name and official number or other
                    identification of each fishing vessel for which
                    a permit is sought, together with the name and
                    address of the owner thereof; and
                      (B) the tonnage, hold capacity, speed,
                    processing equipment, and type and quantity of
                    gear, including an inventory of special
                    equipment required under section 303, with
                    respect to each vessel.
              (2) The Secretary is authorized to charge a fee for
            granting an authorization and issuing a permit under
            this section. The level of fees charged under this
            paragraph may not exceed the administrative cost
            incurred in granting an authorization and issuing a
            permit. Fees collected under this paragraph shall be
            available to the Under Secretary of Commerce for Oceans
            and Atmosphere for expenses incurred in granting
            authorizations and issuing permits under this section.
              (3) After the effective date of the International
            Dolphin Conservation Program Act, no vessel of the
            United States shall operate in the yellowfin tuna
            fishery in the eastern tropical Pacific Ocean without a
            valid permit issued under this section.
        (b) Permit Sanctions.--
              (1) In any case in which--
                      (A) a vessel for which a permit has been
                    issued under this section has been used in the
                    commission of an act prohibited under section
                    307;
                      (B) the owner or operator of any such vessel
                    or any other person who has applied for or been
                    issued a permit under this section has acted in
                    violation of section 307; or
                      (C) any civil penalty or criminal fine
                    imposed on a vessel, owner or operator of a
                    vessel, or other person who has applied for or
                    been issued a permit under this section has not
                    been paid or is overdue, the Secretary may--
                              (i) revoke any permit with respect to
                            such vessel, with or without prejudice
                            to the issuance of subsequent permits;
                              (ii) suspend such permit for a period
                            of time considered by the Secretary to
                            be appropriate;
                              (iii) deny such permit; or
                              (iv) impose additional conditions or
                            restrictions on any permit issued to,
                            or applied for by, any such vessel or
                            person under this section.
              (2) In imposing a sanction under this subsection, the
            Secretary shall take into account--
                      (A) the nature, circumstances, extent, and
                    gravity of the prohibited acts for which the
                    sanction is imposed; and
                      (B) with respect to the violator, the degree
                    of culpability, any history of prior offenses,
                    and other such matters as justice requires.
              (3) Transfer of ownership of a vessel, by sale or
            otherwise, shall not extinguish any permit sanction
            that is in effect or is pending at the time of transfer
            of ownership. Before executing the transfer of
            ownership of a vessel, by sale or otherwise, the owner
            shall disclose in writing to the prospective transferee
            the existence of any permit sanction that will be in
            effect or pending with respect to the vessel at the
            time of transfer.
              (4) In the case of any permit that is suspended for
            the failure to pay a civil penalty or criminal fine,
            the Secretary shall reinstate the permit upon payment
            of the penalty or fine and interest thereon at the
            prevailing rate.
              (5) No sanctions shall be imposed under this section
            unless there has been a prior opportunity for a hearing
            on the facts underlying the violation for which the
            sanction is imposed, either in conjunction with a civil
            penalty proceeding under this title or otherwise.

    SEC. 307.\10\ PROHIBITIONS.

        (a) In General.--It is unlawful--
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 1417.
    ---------------------------------------------------------------------------
              (1) \11\ for any person to sell, purchase, offer for
            sale, transport, or ship, in the United States, any
            tuna or tuna product unless the tuna or tuna product is
            either dolphin safe or has been harvested in compliance
            with the international Dolphin Conservation Program by
            a country that is a member of the Inter-American
            Tropical Tuna Commission or has initiated and within 6
            months thereafter completed all steps required of
            applicant nations in accordance with Article V,
            paragraph 3 of the Convention establishing the Inter-
            American Tropical Tuna Commission, to become a member
            of that organization;
    ---------------------------------------------------------------------------
        \11\ Sec. 6(d) of Public Law 105-42 (111 Stat. 1136) amended and
    restated para. (1), which previously read as follows:
        ``(1) for any person, after June 1, 1994, to sell, purchase, offer
    for sale, transport, or ship, in the United States, any tuna or tuna
    product that is not dolphin safe;''.
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(d) would become effective upon certification
    by the Secretary of Commerce that sufficient funding is available to
    complete the first year of the study required under section 304(a) of
    the Marine Mammal Protection Act of 1972 and the study has commenced;
    and certification by the Secretary of State to Congress that a binding
    resolution of the Inter-American Tropical Tuna Commission or other
    legally binding instrument establishing the International Dolphin
    Conservation Program has been adopted and is in force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
    ---------------------------------------------------------------------------
              (2) \12\ except as provided for in subsection 101(d),
            for any person or vessel subject to the jurisdiction of
            the United States intentionally to set a purse seine
            net on or to encircle any marine mammal in the course
            of tuna fishing operations in the eastern tropical
            Pacific Ocean except in accordance with this title and
            regulations issued pursuant to this title; and
    ---------------------------------------------------------------------------
        \12\ Sec. 6(d)(1) of Public Law 105-42 (111 Stat. 1136) amended and
    restated para. (2), which previously read as follows:
        ``(2) for any person or vessel that is subject to the jurisdiction
    of the United States, intentionally to set a purse seine net on or to
    encircle any marine mammal during any tuna fishing operation after
    February 28, 1994, except--
    ---------------------------------------------------------------------------

      ``(A) as necessary for scientific research approved by the Inter-American
    Tropical Tuna Commission;

      ``(B) in accordance with a recommendation that is approved under section
    302(c)(2); or

      ``(C) as authorized by the general permit issued to the American Tunaboat
    Association on December 1, 1980 (including any additional restrictions
    applicable under section 306(a)), notwithstanding any agreement under
    section 302 with a country that is not a major purse seine tuna fishing
    country (as that term is defined in section 306(c));''.
    ---------------------------------------------------------------------------

        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(d)(1) would become effective upon
    certification by the Secretary of Commerce that sufficient funding is
    available to complete the first year of the study required under
    section 304(a) of the Marine Mammal Protection Act of 1972 and the
    study has commenced; and certification by the Secretary of State to
    Congress that a binding resolution of the Inter-American Tropical Tuna
    Commission or other legally binding instrument establishing the
    International Dolphin Conservation Program has been adopted and is in
    force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
    ---------------------------------------------------------------------------
              (3) \13\ for any person to import any yellowfin tuna
            or yellowfin tuna product or any other fish or fish
            product in violation of a ban on importation imposed
            under section 101(a)(2);
    ---------------------------------------------------------------------------
        \13\ Sec. 6(d) of Public Law 105-42 (111 Stat. 1136) amended and
    restated para. (3), which previously read as follows:
        ``(3) for any person to import any yellowfin tuna or yellowfin tuna
    product or any other fish or fish product in violation of a ban on
    importation imposed under section 305(b) (1) or (2);''.
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(d) would become effective upon certification
    by the Secretary of Commerce that sufficient funding is available to
    complete the first year of the study required under section 304(a) of
    the Marine Mammal Protection Act of 1972 and the study has commenced;
    and certification by the Secretary of State to Congress that a binding
    resolution of the Inter-American Tropical Tuna Commission or other
    legally binding instrument establishing the International Dolphin
    Conservation Program has been adopted and is in force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
    ---------------------------------------------------------------------------
              (4) for any person to violate any regulation
            promulgated under this title;
              (5) for any person to refuse to permit any duly
            authorized officer to board a vessel subject to that
            person's control for purposes of conducting any search
            or inspection in connection with the enforcement of
            this title; and
              (6) for any person to assault, resist, oppose,
            impede, intimidate, or interfere with any such
            authorized officer in the conduct of any search or
            inspection described in paragraph (5).
        (b) Penalties.--
              (1) Civil penalty.--A person that knowingly and
            willfully violates subsection (a) (1), (2), (3), (4),
            or (5) shall be subject to a civil penalty under
            section 105(a).
              (2) Criminal penalty.--A person that knowingly and
            willfully violates subsection (a)(5) or \14\ (a)(6)
            shall be subject to a criminal penalty under section
            105(b).
    ---------------------------------------------------------------------------
        \14\ Sec. 6(d)(2) of Public Law 105-42 (111 Stat. 1136) inserted
    ``(a)(5) or''.
    ---------------------------------------------------------------------------
        (c) \15\ Civil Forfeitures.--Any vessel (including its
    fishing gear, appurtenances, stores, and cargo) used, and any
    fish (or its fair market value) taken or retained, in any
    manner, in connection with or as a result of the commission of
    any act prohibited by this section shall be subject to
    forfeiture to the United States in the manner provided in
    section 310 of the Magnuson-Stevens Fishery Conservation and
    Management Act.\16\
    ---------------------------------------------------------------------------
        \15\ Sec. 6(d)(3) of Public Law 105-42 (111 Stat. 1137) struck out
    subsec. (d) which previously appeared after subsec. (c).
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(d)(3) would become effective upon
    certification by the Secretary of Commerce that sufficient funding is
    available to complete the first year of the study required under
    section 304(a) of the Marine Mammal Protection Act of 1972 and the
    study has commenced; and certification by the Secretary of State to
    Congress that a binding resolution of the Inter-American Tropical Tuna
    Commission or other legally binding instrument establishing the
    International Dolphin Conservation Program has been adopted and is in
    force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
        \16\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------

    SEC. 308.\17\ * * * [REPEALED--1997]

    ---------------------------------------------------------------------------
        \17\ Sec. 6(e) of Public Law 105-42 (111 Stat. 1137) repealed sec.
    308 which had provided for the authorization of appropriations for 1993
    through 1998.
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 6(e) would become effective upon certification
    by the Secretary of Commerce that sufficient funding is available to
    complete the first year of the study required under section 304(a) of
    the Marine Mammal Protection Act of 1972 and the study has commenced;
    and certification by the Secretary of State to Congress that a binding
    resolution of the Inter-American Tropical Tuna Commission or other
    legally binding instrument establishing the International Dolphin
    Conservation Program has been adopted and is in force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998; the Secretary of State made the certification
    on March 3, 1999.
               b. International Dolphin Conservation Program Act

    Partial text of Public Law 105-42 [H.R. 408], 111 Stat. 1122, approved
                                August 15, 1977

    AN ACT To amend the Marine Mammal Protection Act of 1972 to support the
      International Dolphin Conservation Program in the eastern tropical
                     Pacific Ocean, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE; REFERENCES.

        (a) Short Title.--This Act may be cited as the
    ``International Dolphin Conservation Program Act''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1361 note. For the most part, this Act amends the
    Marine Mammal Protection Act of 1972 (Public Law 92-522) and the
    Dolphin Protection Consumer Information Act (Public Law 101-627).
    ---------------------------------------------------------------------------
        (b) References to Marine Mammal Protection Act.--Except as
    otherwise expressly provided, whenever in this Act an amendment
    or repeal is expressed in terms of an amendment to, or repeal
    of, a section or other provision, the reference shall be
    considered to be made to a section or other provision of the
    Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

    SEC. 2.\1\ PURPOSES AND FINDINGS.

        (a) Purposes.--The purposes of this Act are--
              (1) to give effect to the Declaration of Panama,
            signed October 4, 1995, by the Governments of Belize,
            Colombia, Costa Rica, Ecuador, France, Honduras,
            Mexico, Panama, Spain, the United States of America,
            Vanuatu, and Venezuela, including the establishment of
            the International Dolphin Conservation Program,
            relating to the protection of dolphins and other
            species, and the conservation and management of tuna in
            the eastern tropical Pacific Ocean;
              (2) to recognize that nations fishing for tuna in the
            eastern tropical Pacific Ocean have achieved
            significant reductions in dolphin mortality associated
            with that fishery; and
              (3) to eliminate the ban on imports of tuna from
            those nations that are in compliance with the
            International Dolphin Conservation Program.
        (b) Findings.--The Congress finds that--
              (1) the nations that fish for tuna in the eastern
            tropical Pacific Ocean have achieved significant
            reductions in dolphin mortality associated with the
            purse seine fishery from hundreds of thousands annually
            to fewer than 5,000 annually;
              (2) the provisions of the Marine Mammal Protection
            Act of 1972 that impose a ban on imports from nations
            that fish for tuna in the eastern tropical Pacific
            Ocean have served as an incentive to reduce dolphin
            mortalities;
              (3) tuna canners and processors of the United States
            have led the canning and processing industry in
            promoting a dolphin-safe tuna market; and
              (4) 12 signatory nations to the Declaration of
            Panama, including the United States, agreed under that
            Declaration to require that the total annual dolphin
            mortality in the purse seine fishery for yellowfin tuna
            in the eastern tropical Pacific Ocean not exceed 5,000
            animals, with the objective of progressively reducing
            dolphin mortality to a level approaching zero through
            the setting of annual limits and with the goal of
            eliminating dolphin mortality.
              * * * * * * *
               c. International Dolphin Conservation Act of 1992

     Public Law 102-523 [H.R. 5419], 106 Stat. 3425, approved October 26,
                                      1992

     AN ACT To amend the Marine Mammal Protection Act of 1972 to authorize
       the Secretary of State to enter into international agreements to
     establish a global moratorium to prohibit harvesting of tuna through
      the use of purse seine nets deployed on or to encircle dolphins or
                 other marine mammals, and for other purposes.

              Note.--This Public Law consisted entirely of
            amendments to other laws. Sec. 2 added a new Title III
            to the Marine Mammal Protection Act of 1972 (Public Law
            92-522; 16 U.S.C. 1361 et seq.), relating to a global
            moratorium to prohibit certain tuna harvesting
            practices. Sec. 3 amended the Tunas Conventions Act of
            1950 and the South Pacific Tuna Act of 1988.

                 d. Dolphin Protection Consumer Information Act

      Title IX of Public Law 101-627 [Fishery Conservation Amendments of
    1990; H.R. 2061] 104 Stat. 4436 at 4465, approved November 28, 1990; as
       amended by Public Law 104-208 [Department of Commerce and Related
      Agencies Appropriations Act; title II of sec. 101(a) of title I of
    Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 30,
    1996; and Public Law 105-42 [International Dolphin Conservation Program
            Act; H.R. 408], 111 Stat. 1122, approved August 15, 1997

     AN ACT To authorize appropriations to carry out the Magnuson-Stevens
     Fishery Conservation and Management Act \1\ through fiscal year 1993,
                            and for other purposes.

              * * * * * * *

               TITLE IX--DOLPHIN PROTECTION CONSUMER INFORMATION

                               dolphin protection

        Sec. 901.\2\ (a) Short Title.--This section may be cited as
    the ``Dolphin Protection Consumer Information Act''.
    ---------------------------------------------------------------------------
        \1\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
        \2\ 16 U.S.C. 1385.
    ---------------------------------------------------------------------------
        (b) Findings.--The Congress finds that--
              (1) dolphins and other marine mammals are frequently
            killed in the course of tuna fishing operations in the
            eastern tropical Pacific Ocean and high seas driftnet
            fishing in other parts of the world;
              (2) it is the policy of the United States to support
            a worldwide ban on high seas driftnet fishing, in part
            because of the harmful effects that such driftnets have
            on marine mammals, including dolphins; and
              (3) consumers would like to know if the tuna they
            purchase is falsely labeled as the effect of harvesting
            of the tuna on dolphins.
        (c) Definitions.--For purposes of this section--
              (1) the terms ``driftnet'' and ``driftnet fishing''
            have the meanings given those terms in section 4003 of
            the Driftnet Impact Monitoring, Assessment, and Control
            Act of 1987 (16 U.S.C. 1822 note);
              (2) the term ``eastern tropical Pacific Ocean'' means
            the area of the Pacific Ocean bounded by 40 degrees
            north latitude, 40 degrees south latitude, 160 degrees
            west longitude, and the western coastlines of North,
            Central, and South America;
              (3) the term ``label'' means a display of written,
            printed, or graphic matter on or affixed to the
            immediate container of any article;
              (4) the term ``Secretary'' means the Secretary of
            Commerce; and
              (5) the term ``tuna product'' means a food item which
            contains tuna and which has been processed for retail
            sale, except perishable sandwiches, salads, or other
            products with a shelf life of less than 3 days.
        (d) \3\ Labeling Standard.--
              (1) It is a violation of section 5 of the Federal
            Trade Commission Act (15 U.S.C. 45) for any producer,
            importer, exporter, distributor, or seller of any tuna
            product that is exported from or offered for sale in
            the United States to include on the label of that
            product the term `dolphin safe' or any other term or
            symbol that falsely claims or suggests that the tuna
            contained in the product were harvested using a method
            of fishing that is not harmful to dolphins if the
            product contains tuna harvested--
    ---------------------------------------------------------------------------
        \3\ Sec. 5(a) of Public Law 105-42 (111 Stat. 1125) amended and
    restated subsec. (d).
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 5(a) would become effective upon certification
    by the Secretary of Commerce that sufficient funding is available to
    complete the first year of the study required under sec. 304(a) of the
    Marine Mammal Protection Act of 1972 and the study has commenced; and
    certification by the Secretary of State to Congress that a binding
    resolution of the Inter-American Tropical Tuna Commission or other
    legally binding instrument establishing the International Dolphin
    Conservation Program has been adopted and is in force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998, and the Secretary of State made the
    certification on March 3, 1999.
    ---------------------------------------------------------------------------
                      (A) on the high seas by a vessel engaged in
                    driftnet fishing;
                      (B) outside the eastern tropical Pacific
                    Ocean by a vessel using purse seine nets--
                              (i) in a fishery in which the
                            Secretary has determined that a regular
                            and significant association occurs
                            between dolphins and tuna (similar to
                            the association between dolphins and
                            tuna in the eastern tropical Pacific
                            Ocean), unless such product is
                            accompanied by a written statement,
                            executed by the captain of the vessel
                            and an observer participating in a
                            national or international program
                            acceptable to the Secretary, certifying
                            that no purse seine net was
                            intentionally deployed on or used to
                            encircle dolphins during the particular
                            voyage on which the tuna were caught
                            and no dolphins were killed or
                            seriously injured in the sets in which
                            the tuna were caught; or
                              (ii) in any other fishery (other than
                            a fishery described in subparagraph
                            (D)) unless the product is accompanied
                            by a written statement executed by the
                            captain of the vessel certifying that
                            no purse seine net was intentionally
                            deployed on or used to encircle
                            dolphins during the particular voyage
                            on which the tuna was harvested;
                      (C) in the eastern tropical Pacific Ocean by
                    a vessel using a purse seine net unless the
                    tuna meet the requirements for being considered
                    dolphin safe under paragraph (2); or
                      (D) by a vessel in a fishery other than one
                    described in subparagraph (A), (B), or (C) that
                    is identified by the Secretary as having a
                    regular and significant mortality or serious
                    injury of dolphins, unless such product is
                    accompanied by a written statement executed by
                    the captain of the vessel and an observer
                    participating in a national or international
                    program acceptable to the Secretary that no
                    dolphins were killed or seriously injured in
                    the sets or other gear deployments in which the
                    tuna were caught, provided that the Secretary
                    determines that such an observer statement is
                    necessary.
              (2) For purposes of paragraph (1)(C), a tuna product
            that contains tuna harvested in the eastern tropical
            Pacific Ocean by a vessel using purse seine nets is
            dolphin safe if--
                      (A) the vessel is of a type and size that the
                    Secretary has determined, consistent with the
                    International Dolphin Conservation Program, is
                    not capable of deploying its purse seine nets
                    on or to encircle dolphins; or
                      (B)(i) the product is accompanied by a
                    written statement executed by the captain
                    providing the certification required under
                    subsection (h);
                      (ii) the product is accompanied by a written
                    statement executed by--
                              (I) the Secretary or the Secretary's
                            designee;
                              (II) a representative of the Inter-
                            American Tropical Tuna Commission; or
                              (III) an authorized representative of
                            a participating nation whose national
                            program meets the requirements of the
                            International Dolphin Conservation
                            Program,
                    which states that there was an observer
                    approved by the International Dolphin
                    Conservation Program on board the vessel during
                    the entire trip and that such observer provided
                    the certification required under subsection
                    (h); and
                      (iii) the statements referred to in clauses
                    (i) and (ii) are endorsed in writing by each
                    exporter, importer, and processor of the
                    product; and
                      (C) the written statements and endorsements
                    referred to in subparagraph (B) comply with
                    regulations promulgated by the Secretary which
                    provide for the verification of tuna products
                    as dolphin safe.
              (3)(A) The Secretary of Commerce shall develop an
            official mark that may be used to label tuna products
            as dolphin safe in accordance with this Act.
              (B) A tuna product that bears the dolphin safe mark
            developed under subparagraph (A) shall not bear any
            other label or mark that refers to dolphins, porpoises,
            or marine mammals.
              (C) It is a violation of section 5 of the Federal
            Trade Commission Act (15 U.S.C. 45) to label a tuna
            product with any label or mark that refers to dolphins,
            porpoises, or marine mammals other than the mark
            developed under subparagraph (A) unless--
                      (i) no dolphins were killed or seriously
                    injured in the sets or other gear deployments
                    in which the tuna were caught;
                      (ii) the label is supported by a tracking and
                    verification program which is comparable in
                    effectiveness to the program established under
                    subsection (f); and
                      (iii) the label complies with all applicable
                    labeling, marketing, and advertising laws and
                    regulations of the Federal Trade Commission,
                    including any guidelines for environmental
                    labeling.
              (D) If the Secretary determines that the use of a
            label referred to in subparagraph (C) is substantially
            undermining the conservation goals of the International
            Dolphin Conservation Program, the Secretary shall
            report that determination to the United States Senate
            Committee on Commerce, Science, and Transportation and
            the United States House of Representatives Committees
            on Resources and on Commerce, along with
            recommendations to correct such problems.
              (E) It is a violation of section 5 of the Federal
            Trade Commission Act (15 U.S.C. 45) willingly and
            knowingly to use a label referred to in subparagraph
            (C) in a campaign or effort to mislead or deceive
            consumers about the level of protection afforded
            dolphins under the International Dolphin Conservation
            Program.
        (e) Enforcement.--Any person who knowingly and willfully
    makes a statement or endorsement described in subsection
    (d)(2)(B) that is false is liable for a civil penalty of not to
    exceed $100,000 assessed in an action brought in any
    appropriate district court of the United States on behalf of
    the Secretary.
        (f) \4\ Regulations.--The Secretary, in consultation with
    the Secretary of the Treasury, shall issue regulations to
    implement this Act, including regulations to establish a
    domestic tracking and verification program that provides for
    the effective tracking of tuna labeled under subsection (d). In
    the development of these regulations, the Secretary shall
    establish appropriate procedures for ensuring the
    confidentiality of proprietary information the submission of
    which is voluntary or mandatory. The regulations shall address
    each of the following items:
    ---------------------------------------------------------------------------
        \4\ Sec. 5(b) of Public Law 105-42 (111 Stat. 1127) amended and
    restated subsec. (f), which previously read as follows:
        ``(f) Regulations.--The Secretary, in consultation with the
    Secretary of the Treasury, shall issue regulations to implement this
    section not later than 6 months after the date of the enactment of this
    Act, including regulations establishing procedures and requirements for
    ensuring that tuna products are labeled in accordance with subsection
    (d).''.
        Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the
    amendment made by sec. 5(b) would become effective upon certification
    by the Secretary of Commerce that sufficient funding is available to
    complete the first year of the study required under sec. 304(a) of the
    Marine Mammal Protection Act of 1972 and the study has commenced; and
    certification by the Secretary of State to Congress that a binding
    resolution of the Inter-American Tropical Tuna Commission or other
    legally binding instrument establishing the International Dolphin
    Conservation Program has been adopted and is in force.
        The Secretary of Commerce made the certification referred to in
    sec. 8 on July 27, 1998, and the Secretary of State made the
    certification on March 3, 1999.
    ---------------------------------------------------------------------------
              (1) The use of weight calculation for purposes of
            tracking tuna caught, landed, processed, and exported.
              (2) Additional measures to enhance current observer
            coverage, including the establishment of criteria for
            training, and for improving monitoring and reporting
            capabilities and procedures.
              (3) The designation of well location, procedures for
            sealing holds, procedures for monitoring and certifying
            both above and below deck, or through equally effective
            methods, the tracking and verification of tuna labeled
            under subsection (d).
              (4) The reporting, receipt, and database storage of
            radio and facsimile transmittals from fishing vessels
            containing information related to the tracking and
            verification of tuna, and the definition of set.
              (5) The shore-based verification and tracking
            throughout the fishing, transshipment, and canning
            process by means of Inter-American Tropical Tuna
            Commission trip records or otherwise.
              (6) The use of periodic audits and spot checks for
            caught, landed, and processed tuna products labeled in
            accordance with subsection (d).
              (7) The provision of timely access to data required
            under this subsection by the Secretary from harvesting
            nations to undertake the actions required in paragraph
            (6) of this paragraph.
    The Secretary may make such adjustments as may be appropriate
    to the regulations promulgated under this subsection to
    implement an international tracking and verification program
    that meets or exceeds the minimum requirements established by
    the Secretary under this subsection.
        (g) \5\ Secretarial Findings.--(1) Between March 1, 1999,
    and March 31, 1999, the Secretary shall, on the basis of the
    research conducted before March 1, 1999, under section 304(a)
    of the Marine Mammal Protection Act of 1972, information
    obtained under the International Dolphin Conservation Program,
    and any other relevant information, make an initial finding
    regarding whether the intentional deployment on or encirclement
    of dolphins with purse seine nets is having a significant
    adverse impact on any depleted dolphin stock in the eastern
    tropical Pacific Ocean. The initial finding shall be published
    immediately in the Federal Register and shall become effective
    upon a subsequent date determined by the Secretary.
    ---------------------------------------------------------------------------
        \5\ Sec. 5(c) of Public Law 105-42 (111 Stat. 1128) struck out
    subsecs. (g), (h), and (i), and inserted in lieu thereof new subsecs.
    (g) and (h). Subsec. (g) amended sec. 101(a)(2) of the Marine Mammal
    Protection Act of 1972. Subsecs. (h) and (i) previously read as
    follows:
        ``(h) Negotiations.--The Secretary of State shall immediately seek,
    through negotiations and discussions with appropriate foreign
    governments, to reduce and, as soon as possible, eliminate the practice
    of harvesting tuna through the use of purse seine nets intentionally
    deployed to encircle dolphins.
        ``(i) Effective Date.--Subsections (d) and (e) shall take effect 6
    months after the date of the enactment of this Act.''.
    ---------------------------------------------------------------------------
        (2) Between July 1, 2001, and December 31, 2002, the
    Secretary shall, on the basis of the completed study conducted
    under section 304(a) of the Marine Mammal Protection Act of
    1972, information obtained under the International Dolphin
    Conservation Program, and any other relevant information, make
    a finding regarding whether the intentional deployment on or
    encirclement of dolphins with purse seine nets is having a
    significant adverse impact on any depleted dolphin stock in the
    eastern tropical Pacific Ocean. The finding shall be published
    immediately in the Federal Register and shall become effective
    upon a subsequent date determined by the Secretary.
        (h) \5\ Certification by Captain and Observer.--
              (1) Unless otherwise required by paragraph (2), the
            certification by the captain under subsection
            (d)(2)(B)(i) and the certification provided by the
            observer as specified in subsection (d)(2)(B)(ii) shall
            be that no dolphins were killed or seriously injured
            during the sets in which the tuna were caught.
              (2) The certification by the captain under subsection
            (d)(2)(B)(i) and the certification provided by the
            observer as specified under subsection (d)(2)(B)(ii)
            shall be that no tuna were caught on the trip in which
            such tuna were harvested using a purse seine net
            intentionally deployed on or to encircle dolphins, and
            that no dolphins were killed or seriously injured
            during the sets in which the tuna were caught, if the
            tuna were caught on a trip commencing--
                      (A) before the effective date of the initial
                    finding by the Secretary under subsection
                    (g)(1);
                      (B) after the effective date of such initial
                    finding and before the effective date of the
                    finding of the Secretary under subsection
                    (g)(2), where the initial finding is that the
                    intentional deployment on or encirclement of
                    dolphins is having a significant adverse impact
                    on any depleted dolphin stock; or
                      (C) after the effective date of the finding
                    under subsection (g)(2), where such finding is
                    that the intentional deployment on or
                    encirclement of dolphins is having a
                    significant adverse impact on any such depleted
                    stock.
                 6. North Pacific Anadromous Stocks Act of 1992

     Partial text of Public Law 102-567 [National Oceanic and Atmospheric
    Administration Authorization Act of 1992, H.R. 2130], 106 Stat. 4270 at
       4309, approved October 29, 1992; as amended by Public Law 104-43
    [Fisheries Act of 1995; H.R. 716], 109 Stat. 366, approved November 3,
      1995; and Public Law 106-562 [H.R. 1653], 114 Stat. 2784, approved
                               December 23, 2005

        AN ACT To authorize appropriations for the National Oceanic and
              Atmospheric Administration, and for other purposes.

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

             TITLE VIII--NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

    SEC. 801.\1\ SHORT TITLE.

        This title may be cited as the ``North Pacific Anadromous
    Stocks Act of 1992''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 5001 note. See also the North Pacific Anadromous
    Stocks Convention Act of 1992 (title VIII of Public Law 102-587; 106
    Stat. 5098).
    ---------------------------------------------------------------------------

    SEC. 802.\2\ PURPOSE.

        It is the purpose of this title to implement the Convention
    for the Conservation of Anadromous Stocks in the North Pacific
    Ocean, signed in Moscow, February 11, 1992.
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 5001.
    ---------------------------------------------------------------------------

    SEC. 803.\3\ DEFINITIONS.

        As used in this title, the term--
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 5002.
    ---------------------------------------------------------------------------
              (1) ``Anadromous stocks'' means stocks of species
            listed in the Annex to the Convention that migrate into
            the Convention area.
              (2) ``Anadromous fish'' means fish of the species
            listed in the Annex to the Convention that migrate into
            the Convention area.
              (3) ``Authorized officer'' means a law enforcement
            official authorized to enforce this title under section
            809(a).
              (4) ``Commission'' means the North Pacific Anadromous
            Fish Commission provided for by article VIII of the
            Convention.
              (5) ``Convention'' means the Convention for the
            Conservation of Anadromous Stocks of the North Pacific
            Ocean, signed in Moscow, February 11, 1992.
              (6) ``Convention area'' means the waters of the North
            Pacific Ocean and its adjacent seas, north of 33
            degrees North Latitude, beyond 200 nautical miles from
            the baselines from which the breadth of the territorial
            sea is measured.
              (7) ``Directed fishing'' means fishing targeted at a
            particular species or stock of fish.
              (8) ``Ecologically related species'' means living
            marine species which are associated with anadromous
            stocks found in the Convention area, including, but not
            restricted to, both predators and prey of anadromous
            fish.
              (9) ``Enforcement officer'' means a law enforcement
            official authorized by any Party to enforce this title.
              (10) ``Exclusive economic zone'' means the zone
            established by Proclamation Numbered 5030, dated March
            10, 1983. For purposes of applying this title, the
            inner boundary of that zone is a line coterminous with
            the seaward boundary of each of the coastal States.
              (11) ``Fish'' means finfish, mollusks, crustaceans,
            and all other forms of marine animal and plant life
            other than marine mammals and birds.
              (12) ``Fishing'' means--
                      (A) the catching, taking, or harvesting of
                    fish, or any other activity that can reasonably
                    be expected to result in the catching, taking,
                    or harvesting of fish; or
                      (B) any operation at sea in preparation for
                    or in direct support of any activity described
                    in subparagraph (A).
              (13) ``Fishing vessel'' means--
                      (A) any vessel engaged in catching fish
                    within the Convention area or in processing or
                    transporting fish loaded in the Convention
                    area;
                      (B) any vessel outfitted to engage in any
                    activity described in subparagraph (A);
                      (C) \4\ any vessel supporting a vessel
                    described in subparagraph (A) or (B).
    ---------------------------------------------------------------------------
        \4\ Sec. 404(b) of Public Law 104-43 (109 Stat. 391) amended and
    restated subpara. (C).
    ---------------------------------------------------------------------------
              (14) ``Incidental taking'' means catching, taking, or
            harvesting a species or stock of fish while conducting
            directed fishing for another species or stock of fish.
              (15) ``Party'' means Canada, Japan, the Russian
            Federation, the United States, and any other nation
            that may accede to the Convention.
              (16) ``Secretary'' means the Secretary of State.
              (17) ``United States Section'' means the United
            States Commissioners of the Commission.

    SEC. 804.\5\ UNITED STATES COMMISSIONERS.

        (a) Commissioners.--The United States shall be represented
    on the Commission by not more than three United States
    Commissioners to be appointed by and serve at the pleasure of
    the President. Each United States Commissioner shall be
    appointed for a term of office not to exceed 4 years, but is
    eligible for reappointment. Individuals serving as such
    Commissioners shall not be considered to be Federal employees
    while performing such service, except for purposes of injury
    compensation or tort claims liability as provided in chapter 81
    of title 5, United States Code, and chapter 171 of title 28,
    United States Code.\6\ Of the Commissioners--
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 5003.
        \6\ Sec. 304(b) of Public Law 106-562 (114 Stat. 2807) inserted
    this sentence.
    ---------------------------------------------------------------------------
              (1) one shall be an official of the United States
            Government;
              (2) one shall be a resident of the State of Alaska;
            and
              (3) one shall be a resident of the State of
            Washington.
    An individual is not eligible for appointment under paragraph
    (2) or (3) as a Commissioner unless the individual is
    knowledgeable or experienced concerning the anadromous stocks
    and ecologically related species of the North Pacific Ocean.
        (b) \7\ Alternate Commissioners.--The Secretary, in
    consultation with the Secretary of Commerce, may designate from
    time to time Alternate United States Commissioners to the
    Commission. An Alternate United States Commissioner may
    exercise all designated powers and duties of a United States
    Commissioner in the absence of a duly designated Commissioner
    for whatever reason. The number of such Alternate United States
    Commissioners that may be designated for any such meeting shall
    be limited to the number of authorized United States
    Commissioners that will not be present.
    ---------------------------------------------------------------------------
        \7\ The functions vested in the Secretary of State by secs. 804(b),
    805(a)(4), 806, 807(a), 807(b), and 813 of this Act were delegated to
    the Assistant Secretary of State for Oceans and International
    Environmental and Scientific Affairs (Department of State Public Notice
    1743 of December 11, 1992; 57 F.R. 61468).
    ---------------------------------------------------------------------------
        (c) United States Section.--The United States Section, in
    consultation with the Advisory Panel established in section
    805, shall identify and recommend to the Commission research
    needs and priorities for anadromous stocks and ecologically
    related species subject to the Convention, and oversee the
    United States research programs involving such fisheries,
    stocks, and species.
        (d) Compensation.--United States Commissioners and
    Alternate United States Commissioners shall receive no
    compensation for their services as Commissioners and Alternate
    Commissioners.

    SEC. 805.\8\ ADVISORY PANEL.

        (a) Establishment of Panel.--An Advisory Panel to the
    United States Section is established. The Advisory Panel shall
    be composed of the following:
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 5004.
    ---------------------------------------------------------------------------
              (1) The Commissioner of the Alaska Department of Fish
            and Game.
              (2) The Director of the Washington Department of
            Fisheries.
              (3) One representative of the Pacific States Marine
            Fisheries Commission, designated by the Executive
            Director of that commission.
              (4) \7\ Eleven members (six of whom shall be
            residents of the State of Alaska and five of whom shall
            be residents of the State of Washington), appointed by
            the Secretary, in consultation with the Secretary of
            Commerce, from among a slate of 12 persons nominated by
            the Governor of Alaska and a slate of 10 persons
            nominated by the Governor of Washington.
        (b) Qualifications.--Persons appointed to the Advisory
    Panel shall be individuals who are knowledgeable or experienced
    concerning anadromous stocks and ecologically related species.
    In submitting a slate of nominees pursuant to subsection
    (a)(4), the Governors of Alaska and Washington shall seek to
    represent the broad range of parties interested in anadromous
    stocks and ecologically related species, and at a minimum shall
    include on each slate at least one representative of commercial
    salmon fishing interests and of environmental interests
    concerned with protection of living marine resources.
        (c) Limitation on Service.--Any person appointed to the
    Advisory Panel pursuant to subsection (a)(4) shall serve for a
    term not to exceed 4 years, and may not serve more than two
    consecutive terms.
        (d) Functions.--The Advisory Panel shall be invited to all
    nonexecutive meetings of the United States Section and at such
    meetings shall be granted the opportunity to examine and to be
    heard on all proposed programs of study and investigation,
    reports, and recommendations of the United States Section.
        (e) Compensation and Expenses.--The members of the Advisory
    Panel shall receive no compensation or travel expenses for
    their services as such members.

    SEC. 806.\7\, \9\ COMMISSION RECOMMENDATIONS.

        The Secretary,\6\ with the concurrence of the Secretary of
    Commerce, may accept or reject, on behalf of the United States,
    recommendations made by the Commission in accordance with
    article IX of the Convention.
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 5005.
    ---------------------------------------------------------------------------

    SEC. 807.\10\ ADMINISTRATION AND ENFORCEMENT OF CONVENTION.

        (a) \7\ Responsibilities.--The Secretary of Commerce shall
    be responsible for administering provisions of the Convention,
    this title, and regulations issued under this title. The
    Secretary, in consultation with the Secretary of Commerce and
    the Secretary of Transportation, shall be responsible for
    coordinating the participation of the United States in the
    Commission.
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 5006.
    ---------------------------------------------------------------------------
        (b) \7\ Consultation and Cooperation.--In carrying out such
    functions, the Secretary of Commerce--
              (1) shall, in consultation with the Secretary of
            Transportation and the United States Section, issue
            such regulations as may be necessary to carry out the
            purposes and objectives of the Convention and this
            title; and
              (2) may, with the concurrence of the Secretary,
            cooperate with the authorized officials of the
            government of any Party.

    SEC. 808.\11\ COOPERATION WITH OTHER AGENCIES.

        (a) In General.--Any agency of the Federal Government is
    authorized, upon request of the Commission, to cooperate in the
    conduct of scientific and other programs, and to furnish, on a
    reimbursable basis, facilities and personnel for the purpose of
    assisting the Commission in carrying out its duties under the
    Convention. Such agency may accept reimbursement from the
    Commission.
    ---------------------------------------------------------------------------
        \11\ 16 U.S.C. 5007.
    ---------------------------------------------------------------------------
        (b) Functions of Secretary of Commerce.--In carrying out
    the provisions of the Convention and this title, the Secretary
    of Commerce may arrange for cooperation with agencies of the
    United States, the States, private institutions and
    organizations, and agencies of the government of any Party, to
    conduct scientific and other programs, and may execute such
    memoranda as may be necessary to reflect such agreements.

    SEC. 809.\12\ ENFORCEMENT PROVISIONS.

        (a) Duties of Secretaries of Commerce and Transportation.--
    This title shall be enforced by the Secretary of Commerce and
    the Secretary of Transportation. Such Secretaries may by
    agreement utilize, on a reimbursable basis or otherwise, the
    personnel, services, equipment (including aircraft and
    vessels), and facilities of any other Federal agency, including
    all elements of the Department of Defense, and of any State
    agency, in the performance of such duties. Such Secretaries
    shall, and the head of any Federal or State agency that has
    entered into an agreement with either such Secretary under the
    preceding sentence may (if the agreement so provides),
    authorize officers to enforce the provisions of the Convention,
    this title, and regulations issued under this title. Any such
    agreement or contract entered into pursuant to this section
    shall be effective only to such extent or in such amounts as
    are provided in advance in appropriations Acts.
    ---------------------------------------------------------------------------
        \12\ 16 U.S.C. 5008.
    ---------------------------------------------------------------------------
        (b) District Court Jurisdiction.--The district courts of
    the United States shall have exclusive jurisdiction over any
    case or controversy arising under the provisions of this title.
        (c) Powers of Enforcement Officers.--Authorized officers
    may, shoreward of the outer boundary of the exclusive economic
    zone, or during hot pursuit from the zone--
              (1) with or without a warrant or other process--
                      (A) arrest any person, if the officer has
                    reasonable cause to believe that such person
                    has committed an act prohibited by section 810;
                      (B) board, and search or inspect, any fishing
                    vessel subject to the provisions of the
                    Convention and this title;
                      (C) seize any fishing vessel (together with
                    its fishing gear, furniture, appurtenances,
                    stores, and cargo) used or employed in, or with
                    respect to which it reasonably appears that
                    such vessel was used or employed in, the
                    violation of any provision of the Convention,
                    this title, or regulations issued under this
                    title;
                      (D) seize any fish (wherever found) taken or
                    retained in violation of any provision referred
                    to in subparagraph (C);
                      (E) seize any other evidence related to any
                    violation of any provision referred to in
                    subparagraph (C);
              (2) execute any warrant or other process issued by
            any court of competent jurisdiction; and
              (3) exercise any other lawful authority.
        (d) Additional Powers.--(1) An authorized officer may in
    the Convention area--
              (A) board a vessel of any Party that reasonably can
            be believed to be engaged in directed fishing for,
            incidental taking of, or processing of anadromous fish,
            and, without warrant or process, inspect equipment,
            logs, documents, catch, and other articles, and
            question persons, on board the vessel, for the purpose
            of carrying out the provisions of the Convention, this
            title, or any regulation issued under this title; and
              (B) If any such vessel or person on board is actually
            engaged in operations in violation of any such
            provision, or there is reasonable ground to believe any
            person or vessel was obviously so engaged before the
            boarding of such vessel by the authorized officer,
            arrest or seize such person or vessel and further
            investigate the circumstance if necessary.
    If an authorized officer, after boarding and investigation, has
    reasonable cause to believe that any such fishing vessel or
    person engaged in operations in violation of any provision
    referred to in subparagraph (A), the officer shall deliver the
    vessel or person as promptly as practicable to the enforcement
    officers of the appropriate Party, in accordance with the
    provisions of the Convention.
        (2) When requested by the appropriate authorities of a
    Party, an authorized officer may be directed to attend as a
    witness, and to produce such available records and files or
    duly certified copies thereof as may be necessary, for the
    prosecution by that Party of any violation of the provisions of
    the Convention or any law of that Party relating to the
    enforcement thereof.

    SEC. 810.\13\ UNLAWFUL ACTIVITIES.

        It is unlawful for any person or fishing vessel subject to
    the jurisdiction of the United States--
    ---------------------------------------------------------------------------
        \13\ 16 U.S.C. 5009.
    ---------------------------------------------------------------------------
              (1) to fish for any anadromous fish in the Convention
            area;
              (2) to retain on board any anadromous fish taken
            incidentally in a fishery directed at nonanadromous
            fish in the Convention area;
              (3) to fail to return immediately to the sea any
            anadromous fish taken incidentally in a fishery
            directed at nonanadromous fish in the Convention area;
              (4) to ship, transport, offer for sale, sell,
            purchase, import, export, or have custody, control, or
            possession of, any anadromous fish taken or retained in
            violation of the Convention, this title, or any
            regulation issued under this title;
              (5) to refuse to permit any enforcement officer to
            board a fishing vessel subject to such person's control
            for purposes of conducting any search or inspection in
            connection with the enforcement of the Convention, this
            title, or any regulation issued under this title;
              (6) to forcibly assault, resist, oppose, impede,
            intimidate, or interfere with any enforcement officer
            in the conduct of any search or inspection described in
            paragraph (5);
              (7) to resist a lawful arrest or detection for any
            act prohibited by this section;
              (8) to interfere with, delay, or prevent, by any
            means, the apprehension, arrest, or detection of
            another person, knowing that such person has committed
            any act prohibited by this section; or
              (9) to violate any provision of the Convention, this
            title, or any regulation issued under this title.

    SEC. 811.\14\ PENALTIES.

        (a) Civil Penalties.--(1) Any person who is found by the
    Secretary of Commerce, after notice and opportunity for a
    hearing in accordance with section 554 of title 5, United
    States Code, to have committed an act prohibited by section 810
    shall be liable to the United States for a civil penalty. The
    amount of the civil penalty shall not exceed $100,000 for each
    violation. Each day of a continuing violation shall constitute
    a separate offense. The amount of such civil penalty shall be
    assessed by the Secretary of Commerce, or the Secretary's
    designee, by written notice. In determining the amount of such
    penalty, the Secretary of Commerce shall take into account the
    nature, circumstances, extent, and gravity of the prohibited
    acts committed and, with respect to the violation, the degree
    of culpability, any history of prior offenses, ability to pay,
    and such other matters as justice may require.
    ---------------------------------------------------------------------------
        \14\ 16 U.S.C. 5010.
    ---------------------------------------------------------------------------
        (2) Any person against whom a civil penalty is assessed
    under paragraph (1) may obtain review thereof in the
    appropriate court of the United States by filing a complaint in
    such court within 30 days from the date of such order and by
    simultaneously serving a copy of such complaint by certified
    mail on the Secretary of Commerce, the Attorney General, and
    the appropriate United States Attorney. The Secretary of
    Commerce shall promptly file in such court a certified copy of
    the record upon which such violation was found or such penalty
    imposed, as provided in section 2112 of title 28, United States
    Code. The findings and order of the Secretary of Commerce shall
    be set aside by such court if they are not found to be
    supported by substantial evidence, as provided in section
    706(2) of title 5, United States Code.
        (3) If any person fails to pay an assessment of a civil
    penalty after it has become a final and unappealable order, or
    after the appropriate court has entered final judgment in favor
    of the Secretary of Commerce, the matter shall be referred to
    the Attorney General, who shall recover the amount assessed in
    any appropriate district court of the United States. In such
    action, the validity and appropriateness of the final order
    imposing the civil penalty shall not be subject to review.
        (4) A fishing vessel (including its fishing gear,
    furniture, appurtenances, stores, and cargo) used in the
    commission of an act prohibited by section 810 shall be liable
    in rem for any civil penalty assessed for such violation under
    paragraph (1) and may be proceeded against in any district
    court of the United States having jurisdiction thereof. Such
    penalty shall constitute a maritime lien on such vessel that
    may be recovered in an action in rem in the district court of
    the United States having jurisdiction over the vessel.
        (5) The Secretary of Commerce may compromise, modify, or
    remit, with or without conditions, any civil penalty that is
    subject to imposition or that has been imposed under this
    section.
        (6) For the purposes of conducting any hearing under this
    section, the Secretary of Commerce may issue subpoenas for the
    attendance and testimony of witnesses and the production of
    relevant papers, books, and documents, and may administer
    oaths. Witnesses summoned shall be paid the same fees and
    mileage that are paid to witnesses in the courts of the United
    States. In case of contempt or refusal to obey a subpoena
    served upon any person pursuant to this paragraph, the district
    court of the United States for any district in which such
    person is found, resides, or transacts business, upon
    application by the United States and after notice to such
    person, shall have jurisdiction to issue an order requiring
    such person to appear and give testimony before the Secretary
    of Commerce or to appear and produce documents before the
    Secretary of Commerce, or both, and any failure to obey such
    order of the court may be punished by such court as a contempt
    thereof.
        (b) Offenses.--(1) A person is guilty of an offense if the
    person commits any act prohibited by section 810 (5), (6), (7),
    or (8).
        (2) Any offense described in paragraph (1) is a class A
    misdemeanor punishable by a fine under title 18, United States
    code, or imprisonment for not more than 6 months, or both;
    except that if in the commission of any offense the person uses
    a dangerous weapon, engages in conduct that causes bodily
    injury to any enforcement officer, or places any such officer
    in fear of imminent bodily injury, the offense is a felony
    punishable by a fine under title 18, United States Code, or
    imprisonment for not more than 10 years, or both.
        (c) Forfeiture.--(1) Any fishing vessel (including its
    fishing gear, furniture, appurtenances, stores, and cargo)
    used, and any fish (or a fair market value thereof) taken or
    retained, in any manner, in connection with or as a result of
    the commission of any act prohibited by section 810 shall be
    subject to forfeiture to the United States. All or part of such
    vessel may, and all such fish shall, be forfeited to the United
    States pursuant to a civil proceeding under this section.
        (2) Any district court of the United States shall have
    jurisdiction, upon application of the Attorney General on
    behalf of the United States, to order any forfeiture authorized
    under paragraph (1) and any action provided for under paragraph
    (4).
        (3) if a judgment is entered for the United States in a
    civil forfeiture proceeding under this section, the Attorney
    General may seize any property or other interest declared
    forfeited to the United States, which has not previously been
    seized pursuant to this title or for which security has not
    previously been obtained. The provisions of the customs laws
    relating to--
              (A) the seizure, forfeiture, and condemnation of
            property for violation of the customs law;
              (B) the disposition of such property or the proceeds
            from the sale thereof; and
              (C) the remission or mitigation of any such
            forfeiture;
    shall apply to seizures and forfeitures incurred, or alleged to
    have been incurred, under the provisions of this title, unless
    such provisions are inconsistent with the purposes, policy, and
    provisions of this title.
        (4)(A) Any officer authorized to serve any process in rem
    that is issued by a court having jurisdiction under section
    809(b) shall--
              (i) stay the execution of such process; or
              (ii) discharge any fish seized pursuant to such
            process;
    upon receipt of a satisfactory bond or other security from any
    person claiming such property. Such bond or other security
    shall be conditioned upon such person delivering such property
    to the appropriate court upon order thereof, without any
    impairment of its value, or paying the monetary value of such
    property pursuant to an order of such court. Judgment shall be
    recoverable on such bond or other security against both the
    principal and any sureties in the event that any condition
    thereof is breached, as determined by such court.
        (B) Any fish seized pursuant to this title may be sold,
    subject to the approval and direction of the appropriate court,
    for not less than the fair market value thereof. The proceeds
    of any such sale shall be deposited with such court pending the
    disposition of the matter involved.
        (5) For purposes of this section, it shall be a rebuttable
    presumption that all fish found on board a fishing vessel and
    which is seized in connection with an act prohibited by section
    810 were taken or retained in violation of the Convention and
    this title.

    SEC. 812.\15\ FUNDING REQUIREMENTS.

        (a) Authorization.--There are authorized to be appropriated
    from time to time such sums as may be necessary for carrying
    out the purposes and provisions of the Convention and this
    title, including--
    ---------------------------------------------------------------------------
        \15\ 16 U.S.C. 5011.
    ---------------------------------------------------------------------------
              (1) necessary travel expenses of the United States
            Commissioners or Alternate Commissioners; and
              (2) the United States' share of the joint expenses of
            the Commission.
        (b) Research.--Such funds as shall be made available to the
    Secretary of Commerce for research and related activities shall
    be expended to carry out the program of the Commission in
    accordance with the recommendations of the United States
    Section and to carry out other research and observer programs
    pursuant to the Convention.

    SEC. 813.\7\, \16\ DISPOSITION OF PROPERTY.

        The Secretary shall dispose of any United States property
    held by the International North Pacific Fisheries Commission on
    the date of its termination in a manner that would further the
    purposes of this title.
    ---------------------------------------------------------------------------
        \16\ 16 U.S.C. 5012.
    ---------------------------------------------------------------------------

    SEC. 814.\17\ REPEAL OF THE NORTH PACIFIC FISHERIES ACT OF 1954.

        The Act of August 12, 1954 (16 U.S.C. 1021-1035) is
    repealed.
    ---------------------------------------------------------------------------
        \17\ The North Pacific Fisheries Act of 1954 (Public Law 83-579; 16
    U.S.C. 1021-1035) gave effect to the International Convention for the
    High Seas Fisheries of the North Pacific Ocean, signed at Tokyo, May 9,
    1952.
                              7. Driftnet Fishing

                a. High Seas Driftnet Fisheries Enforcement Act

        Partial text of Public Law 102-582 [H.R. 2152], 106 Stat. 4900,
     approved November 2, 1992; as amended by Public Law 104-43 [Fisheries
     Act of 1995; H.R. 716], 109 Stat. 366, approved November 3, 1995; and
        Public Law 104-208 [Department of Commerce and Related Agencies
     Appropriations Act; title II of sec. 101(a) of title I of Public Law
        104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996

    AN ACT To enhance the effectiveness of the United Nations international
                     driftnet fishery conservation program.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``High Seas Driftnet Fisheries
    Enforcement Act''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1801 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS AND POLICY.

        (a) Findings.--Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 1826a note.
    ---------------------------------------------------------------------------
              (1) Large-scale driftnet fishing on the high seas is
            highly destructive to the living marine resources and
            ocean ecosystems of the world's oceans, including
            anadromous fish and other living marine resources of
            the United States.
              (2) The cumulative effects of large-scale driftnet
            fishing pose a significant threat to the marine
            ecosystem, and slow-reproducing species like marine
            mammals, sharks, and seabirds may require many years to
            recover.
              (3) Members of the international community have
            reviewed the best available scientific data on the
            impacts of large-scale pelagic driftnet fishing, and
            have failed to conclude that this practice has no
            significant adverse impacts which threaten the
            conservation and sustainable management of living
            marine resources.
              (4) The United Nations, via General Assembly
            Resolutions numbered 44-225, 45-197, and most recently
            46-215 (adopted on December 20, 1991), has called for a
            worldwide moratorium on all high seas driftnet fishing
            by December 31, 1992, in all the world's oceans,
            including enclosed seas and semi-enclosed seas.
              (5) The United Nations has commended the unilateral,
            regional, and international efforts undertaken by
            members of the international community and
            international organizations to implement and support
            the objectives of the General Assembly resolutions.
              (6) Operative paragraph (4) of United Nations General
            Assembly Resolution numbered 46-215 specifically
            ``encourages all members of the international community
            to take measures individually and collectively to
            prevent large-scale pelagic driftnet fishing operations
            on the high seas of the world's oceans and seas''.
              (7) The United States, in section 307(1)(M) of the
            Magnuson-Stevens Fishery Conservation and Management
            Act (16 U.S.C. 1857(1)(M)),\3\ has specifically
            prohibited the practice of large-scale driftnet fishing
            by United States nationals and vessels both within the
            exclusive economic zone of the United States and beyond
            the exclusive economic zone of any nation.
    ---------------------------------------------------------------------------
        \3\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (8) The Senate, through Senate Resolution 396 of the
            One Hundredth Congress (approved on March 18, 1988),
            has called for a moratorium on fishing in the Central
            Bering Sea and the United States has taken concrete
            steps to implement such moratorium through
            international negotiations.
              (9) Despite the continued evidence of a decline in
            the fishery resources of the Bering Sea and the
            multiyear cooperative negotiations undertaken by the
            United States, the Russian Federation, Japan, and other
            concerned fishing nations, some nations refuse to agree
            to measures to reduce or eliminate unregulated fishing
            practices in the waters of the Bering Sea beyond the
            exclusive economic zones of the United States and the
            Russian Federation.
              (10) In order to ensure that the global moratorium on
            large-scale driftnet fishing called for in United
            Nations General Assembly Resolution numbered 46-215
            takes effect by December 31, 1992, and that unregulated
            fishing practices in the waters of the Central Bering
            Sea are reduced or eliminated, the United States should
            take the actions described in this Act and encourage
            other nations to take similar action.
        (b) Policy.--It is the stated policy of the United States
    to--
              (1) implement United Nations General Assembly
            Resolution numbered 46-215, approved unanimously on
            December 20, 1991, which calls for an immediate
            cessation to further expansion of large-scale driftnet
            fishing, a 50 percent reduction in existing large-scale
            driftnet fishing effort by June 30, 1992, and a global
            moratorium on the use of large-scale driftnets beyond
            the exclusive economic zone of any nation by December
            31, 1992;
              (2) bring about a moratorium on fishing in the
            Central Bering Sea, or an international conservation
            and management agreement to which the United States and
            the Russian Federation are parties that regulates
            fishing in the Central Bering Sea; and
              (3) secure a permanent ban on the use of destructive
            fishing practices, and in particular large-scale
            driftnets, by persons or vessels fishing beyond the
            exclusive economic zone of any nation.

                TITLE I--HIGH SEAS LARGE-SCALE DRIFTNET FISHING

    SEC. 101.\4\ DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS
                        LARGE-SCALE DRIFTNET FISHING.

        (a) Denial of Port Privileges.--
              (1) Publication of list.--Not later than 30 days
            after the date of enactment of this Act and
            periodically thereafter, the Secretary of Commerce, in
            consultation with the Secretary of State, shall publish
            a list of nations whose nationals or vessels conduct
            large-scale driftnet fishing beyond the exclusive
            economic zone of any nation.
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 1826a.
    ---------------------------------------------------------------------------
              (2) Denial of port privileges.--The Secretary of the
            Treasury shall, in accordance with recognized
            principles of international law--
                      (A) withhold or revoke the clearance required
                    by section 4197 of the Revised Statutes of the
                    United States (46 App. U.S.C. 91) for any
                    large-scale driftnet fishing vessel that is
                    documented under the laws of the United States
                    or of a nation included on a list published
                    under paragraph (1); and
                      (B) deny entry of that vessel to any place in
                    the United States and to the navigable waters
                    of the United States.
              (3) Notification of nation.--Before the publication
            of a list of nations under paragraph (1), the Secretary
            of State shall notify each nation included on that list
            regarding--
                      (A) the effect of that publication on port
                    privileges of vessels of that nation under
                    paragraph (1); and
                      (B) any sanctions or requirements, under this
                    Act or any other law, that may be imposed on
                    that nation if nationals or vessels of that
                    nation continue to conduct large-scale driftnet
                    fishing beyond the exclusive economic zone of
                    any nation after December 31, 1992.
        (b) Sanctions.--
              (1) Identifications.--
                      (A) Initial identifications.--Not later than
                    January 10, 1993, the Secretary of Commerce
                    shall--
                              (i) identify each nation whose
                            nationals or vessels are conducting
                            large-scale driftnet fishing beyond the
                            exclusive economic zone of any nation;
                            and
                              (ii) notify the President and that
                            nation of the identification under
                            clause (i).
                      (B) Additional identifications.--At any time
                    after January 10, 1993, whenever the Secretary
                    of Commerce has reason to believe that the
                    nationals or vessels of any nation are
                    conducting large-scale driftnet fishing beyond
                    the exclusive economic zone of any nation, the
                    Secretary of Commerce shall--
                              (i) identify that nation; and
                              (ii) notify the President and that
                            nation of the identification under
                            clause (i).
              (2) Consultations.--Not later than 30 days after a
            nation is identified under paragraph (1)(B), the
            President shall enter into consultations with the
            government of that nation for the purpose of obtaining
            an agreement that will effect the immediate termination
            of large-scale driftnet fishing by the nationals or
            vessels of that nation beyond the exclusive economic
            zone of any nation.
              (3) Prohibition on imports of fish and fish products
            and sport fishing equipment.--
                      (A) Prohibition.--The President--
                              (i) upon receipt of notification of
                            the identification of a nation under
                            paragraph (1)(A); or
                              (ii) if the consultations with the
                            government of a nation under paragraph
                            (2) are not satisfactorily concluded
                            within ninety days, shall direct the
                            Secretary of the Treasury to prohibit
                            the importation into the United States
                            of fish and fish products and sport
                            fishing equipment (as that term is
                            defined in section 4162 of the Internal
                            Revenue Code of 1986 (26 U.S.C. 4162))
                            from that nation.
                      (B) Implementation of prohibition.--With
                    respect to an import prohibition directed under
                    subparagraph (A), the Secretary of the Treasury
                    shall implement such prohibition not later than
                    the date that is forty-five days after the date
                    on which the Secretary has received the
                    direction from the President.
                      (C) Public notice of prohibition.--Before the
                    effective date of any import prohibition under
                    this paragraph, the Secretary of the Treasury
                    shall provide public notice of the impending
                    prohibition.
              (4) Additional economic sanctions.--
                      (A) Determination of effectiveness of
                    sanctions.--Not later than six months after the
                    date the Secretary of Commerce identifies a
                    nation under paragraph (1), the Secretary shall
                    determine whether--
                              (i) any prohibition established under
                            paragraph (3) is insufficient to cause
                            that nation to terminate large-scale
                            driftnet fishing conducted by its
                            nationals and vessels beyond the
                            exclusive economic zone of any nation;
                            or
                              (ii) that nation has retaliated
                            against the United States as a result
                            of that prohibition.
                      (B) Certification.--The Secretary of Commerce
                    shall certify to the President each affirmative
                    determination under subparagraph (A) with
                    respect to a nation.
                      (C) Effect of certification.--Certification
                    by the Secretary of Commerce under subparagraph
                    (B) is deemed to be a certification under
                    section 8(a) of the Fishermen's Protective Act
                    of 1967 (22 U.S.C. 1978(a)), as amended by this
                    Act.

    SEC. 102.\5\ DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS.

        Any denial of port privileges or sanction under section 101
    with respect to a nation shall remain in effect until such time
    as the Secretary of Commerce certifies to the President and the
    Congress that such nation has terminated large-scale driftnet
    fishing by its nationals and vessels beyond the exclusive
    economic zone of any nation.
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 1826b.
    ---------------------------------------------------------------------------

    SEC. 103. REQUIREMENTS UNDER MARINE MAMMAL PROTECTION ACT OF 1972.

        Section 101(a)(2) of the Marine Mammal Protection Act of
    1972 (16 U.S.C. 1371(a)(2)) is amended--
              (1) in subparagraph (E)(i) by striking ``July 1,
            1992'' and inserting in lieu thereof ``January 1,
            1993''; and
              (2) in the last sentence by inserting ``, except
            that, until January 1, 1994, the term `driftnet' does
            not include the use in the northeast Atlantic Ocean of
            gillnets with a total length not to exceed five
            kilometers if the use is in accordance with regulations
            adopted by the European Community pursuant to the
            October 28, 1991, decision by the Council of Fisheries
            Ministers of the Community'' immediately after ``(16
            U.S.C. 1822 note)''.

    SEC. 104.\6\ DEFINITIONS.

        In this title, the following definitions apply:
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 1826c.
    ---------------------------------------------------------------------------
              (1) Fish and fish products.--The term ``fish and fish
            products'' means any aquatic species (including marine
            mammals and plants) and all products thereof exported
            from a nation, whether or not taken by fishing vessels
            of that nation or packed, processed, or otherwise
            prepared for export in that nation or within the
            jurisdiction thereof.
              (2) Large-scale driftnet fishing.--
                      (A) In general.--Except as provided in
                    subparagraph (B), the term ``large-scale
                    driftnet fishing'' means a method of fishing in
                    which a gillnet composed of a panel or panels
                    of webbing, or a series of such gillnets, with
                    a total length of two and one-half kilometers
                    or more is placed in the water and allowed to
                    drift with the currents and winds for the
                    purpose of entangling fish in the webbing.
                      (B) Exception.--Until January 1, 1994, the
                    term ``large-scale driftnet fishing'' does not
                    include the use in the northeast Atlantic Ocean
                    of gillnets with a total length not to exceed
                    five kilometers if the use is in accordance
                    with regulations adopted by the European
                    Community pursuant to the October 28, 1991,
                    decision by the Council of Fisheries Ministers
                    of the Community.
              (3) Large-scale driftnet fishing vessel.--The term
            ``large-scale driftnet fishing vessel'' means any
            vessel which is--
                      (A) used for, equipped to be used for, or of
                    a type which is normally used for large-scale
                    driftnet fishing; or
                      (B) used for aiding or assisting one or more
                    vessels at sea in the performance of large-
                    scale driftnet fishing, including preparation,
                    supply, storage, refrigeration, transportation,
                    or processing.

                   TITLE II--FISHERIES CONSERVATION PROGRAMS

    SEC. 201.\7\ IMPORT RESTRICTIONS UNDER FISHERMEN'S PROTECTIVE ACT OF
                        1967. * * *
    ---------------------------------------------------------------------------

        \7\ Sec. 201 amended sec. 8 of the Fishermen's Protective Act of
    1967 (22 U.S.C. 1978).
    ---------------------------------------------------------------------------

    SEC. 202.\8\ ENFORCEMENT.

        (a) In General.--Not later than six months after the date
    of the enactment of this Act, the Secretary of the department
    in which the Coast Guard is operating, the Secretary of
    Commerce, and the Secretary of Defense shall enter into an
    agreement under section 311(a) of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1861(a)) \9\ in
    order to make more effective the enforcement of domestic laws
    and international agreements that conserve and manage the
    living marine resources of the United States.
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 1861 note.
        \9\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
        (b) Terms.--The agreement entered into under subsection (a)
    shall include--
              (1) procedures for identifying and providing the
            location of vessels that are in violation of domestic
            laws or international agreements to conserve and manage
            the living marine resources of the United States;
              (2) requirements for the use of the surveillance
            capabilities of the Department of Defense; and
              (3) procedures for communicating vessel locations to
            the Secretary of Commerce and the Coast Guard.

    SEC. 203. TRADE NEGOTIATIONS AND THE ENVIRONMENT.

        It is the sense of the Congress that the President, in
    carrying out multilateral, bilateral, and regional trade
    negotiations, should seek to--
              (1) address environmental issues related to the
            negotiations;
              (2) modify articles of the General Agreement on
            Tariffs and Trade (referred to in this section as
            ``GATT'') to take into consideration the national
            environmental laws of the GATT Contracting Parties and
            international environmental treaties;
              (3) secure a working party on trade and the
            environment within GATT as soon as possible;
              (4) take an active role in developing trade policies
            that make GATT more responsive to national and
            international environmental concerns;
              (5) include Federal agencies with environmental
            expertise during the negotiations to determine the
            impact of the proposed trade agreements on national
            environmental law; and
              (6) periodically consult with interested parties
            concerning the progress of the negotiations.

             TITLE III--FISHERIES ENFORCEMENT IN CENTRAL BERING SEA

    SEC. 301.\10\ SHORT TITLE.

        This title may be cited as the ``Central Bering Sea
    Fisheries Enforcement Act of 1992''.
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 1823 note.
    ---------------------------------------------------------------------------

    SEC. 302.\10\ PROHIBITION APPLICABLE TO UNITED STATES VESSELS AND
                        NATIONALS.

        (a) Prohibition.--Vessels and nationals of the United
    States are prohibited from conducting fishing operations in the
    Central Bering Sea and the Central Sea of Okhotsk,\11\ except
    where such fishing operations are conducted in accordance with
    an international fishery agreement to which the United States
    and the Russian Federation are parties.
    ---------------------------------------------------------------------------
        \11\ Sec. 502(a) of the Sea of Okhotsk Fisheries Enforcement Act of
    1995 (title V of the Fisheries Act of 1995; Public Law 104-43; 109
    Stat. 391) inserted ``and the Central Sea of Okhotsk''.
    ---------------------------------------------------------------------------
        (b) Civil Penalties and Permit Sanctions.--A violation of
    this section shall be subject to civil penalties and permit
    sanctions under section 308 of the Magnuson-Stevens Fishery
    Conservation and Management Act (16 U.S.C. 1858).\9\

    SEC. 303.\10\ PORT PRIVILEGES DENIAL FOR FISHING IN CENTRAL BERING SEA.

        (a) Denial of Port Privileges.--The Secretary of the
    Treasury shall, after December 31, 1992, in accordance with
    recognized principles of international law--
              (1) withhold or revoke the clearance required by
            section 4197 of the Revised Statutes of the United
            States (46 App. U.S.C. 91) for any fishing vessel
            documented under the laws of a nation that is included
            on a list published under subsection (b); and
              (2) deny entry of such fishing vessel to any place in
            the United States and to the navigable waters of the
            United States.
        (b) Publication of List.--Not later than forty-five days
    after the date of enactment of this Act, the Secretary of
    Commerce, in consultation with the Secretary of State and the
    Secretary of the department in which the Coast Guard is
    operating, shall publish in the Federal Register a list of
    nations whose nationals or vessels conduct fishing operations
    in the Central Bering Sea, except where such fishing operations
    are in accordance with an international fishery agreement to
    which the United States and the Russian Federation are parties.
    The Secretary shall publish as an addendum to the list the name
    of each vessel documented under the laws of each listed nation
    which conducts fishing operations in the Central Bering Sea. A
    revised list shall be published whenever the list is no longer
    accurate, except that a nation may not be removed from the list
    unless--
              (1) the nationals and vessels of that nation have not
            conducted fishing operations in the Central Bering Sea
            for the previous ninety days and the nation has
            committed, through a bilateral agreement with the
            United States or in any other manner acceptable to the
            Secretary of Commerce, not to permit its nationals or
            vessels to resume such fishing operations; or
              (2) the nationals and vessels of that nation are
            conducting fishing operations in the Central Bering Sea
            that are in accordance with an international fishery
            agreement to which the United States and the Russian
            Federation are parties.
        (c) Notification of Nation.--Before the publication of a
    list of nations under subsection (b), the Secretary of State
    shall notify each nation included on that list and explain the
    requirement to deny the port privileges of fishing vessels of
    that nation under subsection (a) as a result of such
    publication.

    SEC. 304.\10\ DURATION OF PORT PRIVILEGES DENIAL.

        Any denial of port privileges under section 303 with
    respect to any fishing vessel of a nation shall remain in
    effect until such nation is no longer listed under section
    303(b).

    SEC. 305.\10\ RESTRICTION ON FISHING IN UNITED STATES EXCLUSIVE
                        ECONOMIC ZONE.

        (a) Regulations.--Within one hundred and eighty days after
    the date of enactment of this Act, after notice and public
    comment, the Secretary of Commerce shall issue regulations,
    under the Magnuson-Stevens Fishery Conservation and Management
    Act (16 U.S.C. 1801 et seq.) \9\ and any other applicable law,
    to prohibit--
              (1) any permitted fishing vessel from catching,
            taking, or harvesting fish in a fishery under the
            geographical authority of the North Pacific Fishery
            Management Council if such vessel is owned or
            controlled by any person that also owns or controls a
            fishing vessel that is listed on the addendum under
            section 303(b);
              (2) any processing facility from receiving any fish
            caught, taken, or harvested in a fishery under the
            geographical authority of the North Pacific Fishery
            Management Council if such facility is owned or
            controlled by any person that also owns or controls a
            fishing vessel that is listed on the addendum under
            section 303(b); and
              (3) any permitted fishing vessel from delivering fish
            caught, taken, or harvested in a fishery under the
            geographic authority of the North Pacific Fishery
            Management Council to a processing facility that is
            owned or controlled by any person that also owns or
            controls a fishing vessel that is listed on the
            addendum under section 303(b).
        (b) Requirement for Submission of Documents.--The Secretary
    of Commerce shall require under any regulations issued under
    subsection (a) the submission of any affidavits, financial
    statements, corporate agreements, and other documents that the
    Secretary of Commerce determines, after notice and public
    comment, are necessary to ensure that all vessels and
    processing facilities are in compliance with this section.
        (c) Appeals; Duration of Prohibitions.--The regulations
    issued under subsection (a) shall--
              (1) establish procedures for a person to appeal a
            decision to impose a prohibition under subsection (a)
            on a vessel or processing facility owned or controlled
            by that person; and
              (2) specify procedures for the removal of any
            prohibition imposed on a vessel or processing facility
            under subsection (a)--
                      (A) upon publication of a revised list under
                    section 303(b), and a revised addendum which
                    does not include a fishing vessel owned or
                    controlled by the person who also owns or
                    controls the vessel or facility to which the
                    prohibition applies; or
                      (B) on the date that is ninety days after
                    such person terminates ownership and control in
                    fishing vessels that are listed on the addendum
                    under section 303(b).

    SEC. 306.\10\ DEFINITIONS.

        In this title, the following definitions apply:
              (1) Central bering sea.--The term ``Central Bering
            Sea'' means the central Bering Sea area which is more
            than two hundred nautical miles seaward of the
            baselines from which the breadth of the territorial
            seas of the United States and the Russian Federation
            are measured.
              (2) \12\ Central sea of okhotsk.--The term ``Central
            Sea of Okhotsk'' means the Central Sea of Okhotsk area
            which is more than two hundred nautical miles seaward
            of the baseline from which the breadth of the
            territorial sea of the Russian Federation is measured.
    ---------------------------------------------------------------------------
        \12\ Sec. 502(b) of Public Law 104-43 (109 Stat. 391) redesignated
    paras. (2) through (6) as paras. (3) through (7), respectively, and
    added a new para. (2).
    ---------------------------------------------------------------------------
              (3) \12\ Fishing vessel.--The term ``fishing vessel''
            means any vessel which is used for--
                      (A) catching, taking, or harvesting fish; or
                      (B) aiding or assisting one or more vessels
                    at sea in the performance of fishing
                    operations, including preparation, supply,
                    storage, refrigeration, transportation, or
                    processing.
              (4) \12\ Owns or controls.--When used in reference to
            a vessel or processing facility--
                      (A) the term ``owns'' means holding legal
                    title to the vessel or processing facility; and
                      (B) the term ``controls'' includes an
                    absolute right to direct the business of the
                    person owning the vessel or processing
                    facility, to limit the actions of or replace
                    the chief executive officer (by whatever
                    title), a majority of the board of directors,
                    or any general partner (as applicable) of such
                    person, to direct the transfer or operations of
                    the vessel or processing facility, or otherwise
                    to exercise authority over the business of such
                    person, but the term does not include the right
                    simply to participate in those activities of
                    such person or the right to receive a financial
                    return, such as interest or the equivalent of
                    interest, on a loan or other financing
                    obligation.
              (5) \12\ Permitted fishing vessel.--The term
            ``permitted fishing vessel'' means any fishing vessel
            that is subject to a permit issued by the Secretary of
            Commerce under the Magnuson-Stevens Fishery
            Conservation and Management Act (16 U.S.C. 1801 et
            seq.).\9\
              (6) \12\ Person.--The term ``person'' means any
            individual (whether or not a citizen of the United
            States), any corporation, partnership, association,
            cooperative, or other entity (whether or not organized
            under the laws of any State), and any State, local, or
            foreign government, or any entity of such government or
            the Federal Government.
              (7) \12\ Processing facility.--The term ``processing
            facility'' means any fish processing establishment or
            fish processing vessel that receives unprocessed fish.

    SEC. 307.\10\ TERMINATION.

        This title shall cease to have force and effect after the
    date that is seven years after the date of enactment of this
    Act, except that any proceeding with respect to violations of
    section 302 occurring prior to such termination date shall be
    conducted as if that section were still in effect.

                       TITLE IV--MISCELLANEOUS PROVISIONS

    SEC. 401. INTERMEDIARY NATIONS INVOLVED IN EXPORT OF CERTAIN TUNA
                        PRODUCTS.

        (a) Intermediary Nation Defined.--Section 3 of the Marine
    Mammal Protection Act of 1972 (16 U.S.C. 1362) is amended by
    redesignating paragraphs (5) through (14) as paragraphs (6)
    through (15), respectively, and by inserting immediately after
    paragraph (4) the following new paragraph:
              ``(5) The term `intermediary nation' means a nation
            that exports yellowfin tuna or yellowfin tuna products
            to the United States and that imports yellowfin tuna or
            yellowfin tuna products that are subject to a direct
            ban on importation into the United States pursuant to
            section 101(a)(2)(B).''.
        (b) Embargo on Imports From Intermediary Nations.--Section
    101(a)(2)(C) of the Marine Mammal Protection Act of 1972 (16
    U.S.C. 1371(a)(2)(C)) is amended to read as follows:
              ``(C) shall require the government of any
            intermediary nation to certify and provide reasonable
            proof to the Secretary that it has not imported, within
            the preceding six months, any yellowfin tuna or
            yellowfin tuna products that are subject to a direct
            ban on importation to the United States under
            subparagraph (B);''.

    SEC. 402. AUTHORITY TO EXTEND REEMPLOYMENT RIGHTS.

        For purposes of employee rights and entitlements conferred
    by or pursuant to subchapter IV of chapter 35 of title 5,
    United States Code, the Secretary of State may, notwithstanding
    any other law or regulation, extend the reemployment rights of
    an employee of the United States who, as of January 1, 1992,
    was serving with the Intergovernmental Panel on Climate Change.
    Such extension may be made for two years, and may be further
    extended for one year, if the Secretary of State determines
    that such service is in the national interest and is necessary
    to facilitate the activities of the Intergovernmental Panel on
    Climate Change or any successor organization.
              * * * * * * *
             b. Driftnet Impact Monitoring, Assessment, and Control

     Title IV of Public Law 100-220 [United States-Japan Fishery Agreement
    Approval Act of 1987; H.R. 3674], 100 Stat. 1458, approved December 29,
      1987; as amended by Public Law 104-208 [Department of Commerce and
    Related Agencies Appropriations Act; title II of sec. 101(a) of title I
     of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September
                                    30, 1996

    AN ACT To provide congressional approval of the Governing International
     Fishery Agreements between the United States and Japan; to implement
       the provisions of Annex V to the International Convention for the
     Prevention of Pollution from Ships, 1973; to reauthorize the National
     Sea Grant College Program Act; to improve efforts to monitor, assess,
      and reduce the adverse impacts of driftnets; and for other purposes.

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

         TITLE IV--DRIFTNET IMPACT MONITORING, ASSESSMENT, AND CONTROL

    SEC. 4001.\1\ SHORT TITLE.

        This title may be cited as the ``Driftnet Impact
    Monitoring, Assessment, and Control Act of 1987.''
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1822 note. See also sec. 206 of the Magnuson-Stevens
    Fishery Conservation and Management Act, as amended.
    ---------------------------------------------------------------------------

    SEC. 4002. FINDINGS

        The Congress finds that--
              (1) the use of long plastic driftnets is a fishing
            technique that may result in the entanglement and death
            of enormous numbers of target and nontarget marine
            resources in the waters of the North Pacific Ocean,
            including the Bering Sea;
              (2) there is a pressing need for detailed and
            reliable information on the number of marine resources
            that become entangled and die in actively fished
            driftnets and in driftnets that are lost, abandoned, or
            discarded; and
              (3) increased efforts are necessary to monitor,
            assess, and reduce the adverse impacts of driftnets.

    SEC. 4003. DEFINITIONS.

        As used in this title--
              (1) Driftnet.--The term ``driftnet'' means a gillnet
            composed of a panel of plastic webbing one and one-half
            miles or more in length.
              (2) Driftnet fishing.--The term ``driftnet fishing''
            means a fish-harvesting method in which a driftnet is
            placed in water and allowed to drift with the currents
            and winds for the purpose of entangling fish in the
            webbing.
              (3) Exclusive economic zone of the united states.--
            The term ``exclusive economic zone of the United
            States'' means the zone defined in section 3(6) of the
            Magnuson-Stevens Fishery Conservation and Management
            Act (16 U.S.C. 1802(b)).\2\
    ---------------------------------------------------------------------------
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (4) Marine resources.--The term ``marine resources''
            includes fish, shellfish, marine mammals, seabirds, and
            other forms of marine life or waterfowl.
              (5) Marine resources of the united states.--The term
            ``marine resources of the United States'' means--
                      (A) marine resources found in, or which breed
                    within, areas subject to the jurisdiction of
                    the United States, including the exclusive
                    economic zone of the United States; and
                      (B) species of fish, wherever found, that
                    spawn in the fresh or estuarine waters of the
                    United States.
              (6) Secretary.--The term ``Secretary'' means the
            Secretary of Commerce.

    SEC. 4004. MONITORING AGREEMENTS

        (a) Negotiations.--The Secretary, through the Secretary of
    State and in consultation with the Secretary of the Interior,
    shall immediately initiate, negotiations with each foreign
    government that conducts, or authorizes its nationals to
    conduct, driftnet fishing that results in the taking of marine
    resources of the United States in waters of the North Pacific
    Ocean outside of the exclusive economic zone and territorial
    sea of any nation, for the purpose of entering into agreements
    for statistically reliable cooperative monitoring and
    assessment of the numbers of marine resources of the United
    States killed and retrieved, discarded, or lost by the foreign
    government's driftnet fishing vessels. Such agreements shall
    provide for--
              (1) the use of a sufficient number of vessels from
            which scientists of the United States and the foreign
            governments may observe and gather reliable
            information; and
              (2) appropriate methods of sharing equally the costs
            associated with such activities.
        (b) Report.--The Secretary, in consultation with the
    Secretary of State, shall provide to the Congress not later
    than 1 year after the date of enactment of this Act a full
    report on the results of negotiations under this section.

    SEC. 4005. IMPACT REPORT.

        (a) In General.--The Secretary shall provide to the
    Congress within 1 year after the date of the enactment of this
    Act, and at such other times thereafter as the Secretary
    considers appropriate, a report identifying the nature, extent,
    and effects of driftnet fishing in waters of the North Pacific
    Ocean on marine resources of the United States. The report
    shall include the best available information on--
              (1) the number and flag state of vessels involved;
              (2) the areas fished;
              (3) the length, width, and mesh size of driftnets
            used;
              (4) the number of marine resources of the United
            States killed by such fishing;
              (5) the effect of seabird mortality, as determined by
            the Secretary of the Interior, on seabird populations;
            and
              (6) any other information the Secretary considers
            appropriate.
        (b) Information From Foreign Governments.--The Secretary,
    through the Secretary of State, shall--
              (1) request relevant foreign governments to provide
            the information described in subsection (a), and
              (2) include in a report under this section the
            information so provided and an evaluation of the
            adequacy and reliability of such information.

    SEC. 4006. ENFORCEMENT AGREEMENTS.

        (a) Negotiations.--The Secretary shall immediately
    initiate, through the Secretary of State and in consultation
    with the Secretary of the Department in which the Coast Guard
    is operating negotiations with each foreign government that
    conducts, or authorizes its nationals to conduct, driftnet
    fishing that results in the taking of marine resources of the
    United States in waters of the North Pacific Ocean outside of
    the exclusive economic zone and territorial sea of any nation,
    for the purpose of entering into agreements for effective
    enforcement of laws, regulations, and agreements applicable to
    the location, season, and other aspects of the operations of
    the foreign government's driftnet fishing vessels. Such
    agreements shall include measures for--
              (1) the effective monitoring and detection of
            violations;
              (2) the collection and presentation of such evidence
            of violations as may be necessary for the successful
            prosecution of such violations by the responsible
            authorities;
              (3) reporting to the United States of penalties
            imposed by the foreign governments for violations; and
              (4) appropriate methods for sharing equally the costs
            associated with such activities.
        (b) Certification For Purposes Of Fishermen's Protective
    Act of 1967.--If the Secretary, in consultation with the
    Secretary of State, determines that a foreign government has
    failed, within 18 months after the date of the enactment of
    this Act, to enter into and implement an agreement under
    subsection (a) or section 4004(a) that is adequate, the
    Secretary shall certify such fact to the President, which
    certification shall be deemed to be a certification for the
    purposes of section 8(a) of the Fishermen's Protective Act of
    1967 (22 U.S.C. 1978(a)).

    SEC. 4007. EVALUATIONS AND RECOMMENDATIONS.

        (a) Marking, Registry, and Identification System.--The
    Secretary shall evaluate, in consultation with officials of
    other Federal agencies and such other persons as may be
    appropriate, the feasibility of and develop recommendations for
    the establishment of a driftnet marking, registry, and
    identification system to provide a reliable method for the
    determination of the origin by vessel, of lost, discarded, or
    abandoned driftnets and fragments of driftnets. In conducting
    such evaluation, the Secretary shall consider the adequacy of
    existing driftnet identification systems of foreign nations and
    the extent to which these systems achieve the objectives of
    this title.
        (b) Alternative Driftnet Materials.--The Secretary, in
    consultation with such other persons as may be appropriate,
    shall evaluate the feasibility of, and develop appropriate
    recommendations for, the use of alternative materials in
    driftnets for the purpose of increasing the rate of
    decomposition of driftnets that are discarded or lost at sea.
        (c) Driftnet Bounty System.--The Secretary, in consultation
    with such other persons as may be appropriate, shall evaluate
    the feasibility of and develop appropriate recommendations for
    the implementation of a driftnet bounty system to pay persons
    who retrieve from the exclusive economic zone and deposit with
    the Secretary lost, abandoned, and discarded driftnet and other
    plastic fishing material.
        (d) Driftnet Fishing Vessel Tracking System.--The
    Secretary, in consultation with such other persons as may be
    appropriate, shall evaluate the feasibility of, and develop
    appropriate recommendations for, the establishment of a
    cooperative driftnet fishing vessel tracking system to
    facilitate efforts to monitor the location of driftnet fishing
    vessels.
        (e) Report.--The Secretary shall transmit to the Congress
    not later than 18 months after the date of the enactment of
    this Act a report setting forth--
              (1) the evaluations and recommendations developed
            under subsections (a), (b), (c), and (d);
              (2) the most effective and appropriate means of
            implementing such recommendations;
              (3) any need for further research and development
            efforts and the estimated cost and time required for
            completion of such efforts; and
              (4) any need for legislation to provide authority to
            carry out such recommendations.

    SEC. 4008. CONSTRUCTION WITH OTHER LAWS.

         This title shall not serve or be construed to expand or
    diminish the sovereign rights of the United States, as stated
    by Presidential Proclamation Numbered 5030, dated March 10,
    1983, and reflected in existing law on the date of the
    enactment of this Act.

    SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Department
    of Commerce and the Department of State, such sums as may be
    necessary to carry out the purposes of this title.
     8. Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
                                      \1\

    Partial text of Public Law 101-646 [H.R. 5390] 104 Stat. 4761, approved
      November 29, 1990; as amended by Public Law 104-332 [H.R. 4283] 110
                     Stat. 4091, approved October 26, 1996

    AN ACT To prevent and control infestations of the coastal inland waters
       of the United States by the zebra mussel and other nonindigenous
    aquatic nuisance species, to reauthorize the National Sea Grant College
                        Program, and for other purposes.

                TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL

                         Subtitle A--General Provisions

    SECTION 1001.\2\ SHORT TITLE.

        This title may be cited as the ``Nonindigenous Aquatic
    Nuisance Prevention and Control Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ This Act was originally enrolled and printed in its entirety in
    quotation marks. Sec. 2(h) of the National Invasive Species Act of 1996
    (Public Law 104-332; 110 Stat. 4091) struck out the quotation marks in
    titles I, II, and IV.
        \2\ 16 U.S.C. 4701 note.
    ---------------------------------------------------------------------------
              * * * * * * *

         Subtitle C--Prevention and Control of Aquatic Nuisance Species

              * * * * * * *

    SEC. 1206.\3\ INTERNATIONAL COOPERATION.

        (a) Advice.--The Task Force \4\ shall provide timely advice
    to the Secretary of State concerning aquatic nuisance species
    that infest waters shared with other countries.
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 4726.
        \4\ The Aquatic Nuisance Species Task Force, as established by sec.
    1201 of this Act, is directed largely to matters within the United
    States. See 16 U.S.C. 4721.
    ---------------------------------------------------------------------------
        (b) Negotiations.--The Secretary of State, in consultation
    with the Task Force, is encouraged to initiate negotiations
    with the governments of foreign countries concerning the
    planning and implementation of prevention, monitoring,
    research, education, and control programs related to aquatic
    nuisance species infesting shared water resources.
              * * * * * * *

                 Subtitle E--Cooperative Environmental Analyses

    SEC. 1401.\5\ ENVIRONMENTAL IMPACT ANALYSES.

        The Secretary of State, in consultation with the Council on
    Environmental Quality, is encouraged to enter into negotiations
    with the governments of Canada and Mexico to provide for
    reciprocal environmental impact analyses of major Federal
    actions which have significant transboundary effects on the
    quality of the human environment in the United States, Canada,
    and Mexico.
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 4751.
    ---------------------------------------------------------------------------
              * * * * * * *
    9. Negotiation of International Agreements for the Conservation of Sea
                                    Turtles

     Partial text of Public Law 101-162 [Departments of Commerce, Justice,
      and State, the Judiciary, and Related Agencies Appropriations Act,
      1990; H.R. 2991], 103 Stat. 988 at 1037, approved November 21, 1989

    AN ACT Making appropriations for the Departments of Commerce, Justice,
      and State, the Judiciary, and related agencies for the fiscal year
               ending September 30, 1990, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the Departments of
    Commerce, Justice, and State, the Judiciary, and related
    agencies for the fiscal year ending September 30, 1990, and for
    other purposes, namely:
              * * * * * * *

                          TITLE VI--GENERAL PROVISIONS

              * * * * * * *
      Sec. 609.\1\ (a) The Secretary of State, in consultation with
    the Secretary of Commerce, shall, with respect to those species
    of sea turtles the conservation of which is the subject of
    regulations promulgated by the Secretary of Commerce on June
    29, 1987--
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1537 note.
    ---------------------------------------------------------------------------
              (1) initiate negotiations as soon as possible for the
            development of bilateral or multilateral agreements
            with other nations for the protection and conservation
            of such species of sea turtles;
              (2) initiate negotiations as soon as possible with
            all foreign governments which are engaged in, or which
            have persons or companies engaged in, commercial
            fishing operations which, as determined by the
            Secretary of Commerce, may affect adversely such
            species of sea turtles, for the purpose of entering
            into bilateral and multilateral treaties with such
            countries to protect such species of sea turtles;
              (3) encourage such other agreements to promote the
            purposes of this section with other nations for the
            protection of specific ocean and land regions which are
            of special significance to the health and stability of
            such species of sea turtles;
              (4) initiate the amendment of any existing
            international treaty for the protection and
            conservation of such species of sea turtles to which
            the United States is a party in order to make such
            treaty consistent with the purposes and policies of
            this section; and
              (5) provide to the Congress by not later than one
            year after the date of enactment of this section--
                      (A) a list of each nation which conducts
                    commercial shrimp fishing operations within the
                    geographic range of distribution of such sea
                    turtles;
                      (B) a list of each nation which conducts
                    commercial shrimp fishing operations which may
                    affect adversely such species of sea turtles;
                    and
                      (C) a full report on--
                              (i) the results of his efforts under
                            this section; and
                              (ii) the status of measures taken by
                            each nation listed pursuant to
                            paragraph (A) or (B) to protect and
                            conserve such sea turtles.
      (b)(1) In General.--The importation of shrimp or products
    from shrimp which have been harvested with commercial fishing
    technology which may affect adversely such species of sea
    turtles shall be prohibited not later than May 1, 1991, except
    as provided in paragraph (2).
      (2) \2\ Certification Procedure.--The ban on importation of
    shrimp or products from shrimp pursuant to paragraph (1) shall
    not apply if the President shall determine and certify to the
    Congress not later than May 1, 1991, and annually thereafter
    that--
    ---------------------------------------------------------------------------
        \2\ Authority to issue this determination is delegated to the
    Department of State (Presidential memorandum of December 19, 1990; 56
    F.R. 357).
        In Public Notice 5077, effective April 28, 2005 (70 F.R. 25156),
    the State Department certified that 13 nations have adopted programs to
    reduce the incidental capture of sea turtles in their shrimp fisheries
    comparable to the program in effect in the United States. The
    Department also certified that the fishing environments in 24 other
    countries and one economy, Hong Kong, do not pose a threat of the
    incidental taking of sea turtles protected under sec. 609. Shrimp
    imports from any nation not certified were prohibited effective May 1,
    2005, pursuant to sec. 609.
        See also Office of the U.S. Trade Representative, ``WTO Dispute
    Settlement Proceeding Regarding Section 609 of Public Law 101-162,''
    Docket No. WTO/D-12, 62 F.R. 13934.
        See also 50 CFR Parts 217 and 227.
    ---------------------------------------------------------------------------
              (A) the government of the harvesting nation has
            provided documentary evidence of the adoption of a
            regulatory program governing the incidental taking of
            such sea turtles in the course of such harvesting that
            is comparable to that of the United States; and
              (B) the average rate of that incidental taking by the
            vessels of the harvesting nation is comparable to the
            average rate of incidental taking of sea turtles by
            United States vessels in the course of such harvesting;
            or
              (C) the particular fishing environment of the
            harvesting nation does not pose a threat of the
            incidental taking of such sea turtles in the course of
            such harvesting.
              * * * * * * *
                                   10. Whales

                 a. Wildlife Sanctuary for Humpback Whales \1\

    Public Law 99-630 [H.J. Res. 67], 100 Stat. 3514, approved November 7,
                                      1986

     JOINT RESOLUTION Calling for a wildlife sanctuary for humpback whales
                              in the West Indies.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    President shall, in concert with the International Whaling
    Commission, seek a treaty or other appropriate international
    agreement establishing a wildlife sanctuary for humpback whales
    in the West Indies, in the area encompassing the Turks Islands,
    Mouchoir Passage, Silver Bank Passage, Navidad Bank, and such
    additional areas in the West Indies as may be necessary to
    ensure the protection of the breeding grounds of the humpback
    whales.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 916 note.
                     b. Whaling Convention Act of 1949 \1\

       Public Law 81-676 [S. 2080], 64 Stat. 421, approved August 9, 1950

    AN ACT To authorize the regulation of whaling and to give effect to the
       International Convention for the Regulation of Whaling signed at
     Washington under date of December 2, 1946,\2\ by the United States of
         America and certain other governments, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ See also sec. 405 of the Department of State Authorization Act,
    Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 403), which
    urged the International Whaling Commission to agree to a moratorium on
    the commercial killing of whales. The section also called upon specific
    countries to comply voluntarily with a moratorium. For complete text,
    see Legislation on Foreign Relations Through 2005, vol. II-A.
        \2\ 62 Stat. 1716: TIAS 1849: 4 Bevans 248; 161 UNTS 62.
    ---------------------------------------------------------------------------
        Section 1.\3\ That this Act may be cited as the ``Whaling
    Convention Act of 1949''.
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 916 note.
    ---------------------------------------------------------------------------
        Sec. 2.\4\ When used in this Act--
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 916.
    ---------------------------------------------------------------------------
        (a) Convention: The word ``Convention'' means the
    International Convention for the Regulation of Whaling signed
    at Washington under the date of December 2, 1946, by the United
    States of America and certain other governments.
        (b) Commission: The word ``Commission'' means the
    International Whaling Commission established by article III of
    the convention.
        (c) United States Commissioner: The words ``United States
    Commissioner'' mean the member of the International Whaling
    Commission representing the United States of America appointed
    pursuant to article III of the convention and section 3 of this
    Act.
        (d) Person: The word ``person'' denotes every individual,
    partnership, corporation, and association subject to the
    jurisdiction of the United States.
        (e) Vessel: The word ``vessel'' denotes every kind, type,
    or description of water craft or contrivance subject to the
    jurisdiction of the United States used, or capable of being
    used, as a means of transportation.
        (f) Factory ship: The words ``factory ship'' mean a vessel
    in which or on which whales are treated or processed, whether
    wholly or in part.
        (g) Land station: The words ``land station'' mean a factory
    on the land at which whales are treated or processed, whether
    wholly or in part.
        (h) Whale catcher: The words ``whale catcher'' mean a
    vessel used for the purposes of hunting, killing, taking,
    towing, holding onto, or scouting for whales.
        (i) Whale products: The words ``whale products'' mean any
    unprocessed part of a whale and blubber, meat, bones, whale
    oil, sperm oil, spermaceti, meal, and baleen.
        (j) Whaling: The word ``whaling'' means the scouting for,
    hunting, killing, taking, towing, holding onto, and flensing of
    whales, and the possession, treatment, or processing of whales
    or of whale products.
        (k) Regulations of the Commission: The words ``regulations
    of the Commission'' mean the whaling regulations in the
    schedule annexed to and constituting a part of the convention
    in their original forms or as modified, revised, or amended by
    the Commission from time to time, in pursuance of article V of
    the convention.
        (l) Regulations of the Secretary of Commerce: \5\ The words
    ``regulations of the Secretary of Commerce'' means such
    regulations as may be issued by the Secretary of Commerce, from
    time to time, in accordance with sections 11 and 12 of this
    Act.
    ---------------------------------------------------------------------------
        \5\ Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat.
    2090) struck out ``Secretary of the Interior'' and inserted in lieu
    thereof ``Secretary of Commerce''.
    ---------------------------------------------------------------------------
        Sec. 3.\6\ (a) The United States Commissioner shall be
    appointed by the President, on the concurrent recommendations
    of the Secretary of State and the Secretary of Commerce, and
    shall serve at the pleasure of the President.
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 916a.
    ---------------------------------------------------------------------------
        (b) The President may appoint a Deputy United States
    Commissioner, on the concurrent recommendations of the
    Secretary of State and the Secretary of Commerce. The Deputy
    United States Commissioner shall serve at the pleasure of the
    President and shall be the principal technical adviser to the
    United States Commissioner, and shall be empowered to perform
    the duties of the Commissioner in case of the death,
    resignation, absence, or illness of the Commissioner.
        (c) The United States Commissioner and Deputy Commissioner,
    although officers of the United States Government, shall
    receive no compensation for their services.
        Sec. 4.\7\ The Secretary of State is authorized, with the
    concurrence of the Secretary of Commerce, to present or
    withdraw any objections on behalf of the United States
    Government to such regulations or amendments of the schedule to
    the convention as are adopted by the Commission and submitted
    to the United States Government in accordance with article V of
    the convention. The Secretary of State is further authorized to
    receive on behalf of the United States Government reports,
    requests, recommendations, and other communications of the
    Commission, and to act thereon either directly or by reference
    to the appropriate authority.
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 916b.
    ---------------------------------------------------------------------------
        Sec. 5.\8\ (a) It shall be unlawful for any person subject
    to the jurisdiction of the United States (1) to engage in
    whaling in violation of the convention or of any regulation of
    the Commission, or of this Act, or of any regulation of the
    Secretary of Commerce; (2) to ship, transport, purchase, sell,
    offer for sale, import, export, or have in possession any whale
    or whale products taken or processed in violation of the
    convention, or of any regulation of the Commission, or of this
    Act, or of any regulation of the Secretary of Commerce; (3) to
    fail to make, keep, submit, or furnish any record or report
    required of him by the convention, or by any regulation of the
    Commission, or by any regulation of the Secretary of Commerce,
    or to refuse to permit any officer authorized to enforce the
    convention, the regulations of the Commission, this Act, and
    the regulations of the Secretary of Commerce, to inspect such
    record or report at any reasonable time.
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 916c. Sec. 403 of Public Law 107-372 (116 Stat. 3102)
    provided:
        ``Notwithstanding any provision of law, the use of a vessel to tow
    a whale taken in a traditional subsistence whale hunt permitted by
    Federal law and conducted in waters off the coast of Alaska is
    authorized, if such towing is performed upon a request for emergency
    assistance made by a subsistence whale hunting organization formally
    recognized by an agency of the United States Government, or made by a
    member of such an organization, to prevent the loss of a whale.''.
    ---------------------------------------------------------------------------
        (b) It shall be unlawful for any person or vessel subject
    to the jurisdiction of the United States to do any act
    prohibited or to fail to do any act required by the convention,
    or by this Act, or by any regulation adopted by the Commission,
    or by any regulation of the Secretary of Commerce.
        Sec. 6.\9\ (a) No person shall engage in whaling without
    first having obtained an appropriate license or scientific
    permit. Such licenses shall be issued by the Secretary of
    Commerce or such officer or the Department of the Interior as
    may be designated by him: Provided, That the Secretary, in his
    discretion and by appropriate regulation, may waive the payment
    of any license fee or the requirement that a license first be
    obtained, in connection with the salvage of any ``Dauhval'' or
    unclaimed dead whale found floating or stranded.
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 916d.
    ---------------------------------------------------------------------------
        (b) The following licenses and fees shall be required for
    each calendar year or any fraction thereof and shall be
    nontransferable except under such conditions as may be
    prescribed by the Secretary:
              (1) Land-station license for primary processing of
            whales, $250.
              (2) Land-station license for secondary processing of
            parts of whales delivered to it by a land station
            licensed as a primary processor, $100.
              (3) Factory-ship license for primary processing of
            whales delivered by whaler catchers, $250.
              (4) License for any vessel used exclusively for
            transporting whale products from a factory ship to a
            port during the whaling season, $100.
              (5) Whale-catcher license, $100.
        (c) All moneys derived from the issuance of whaling
    licenses shall be covered into the Treasury of the United
    States, and no license fee shall be refunded by reason of the
    failure of any person to whom a license has been issued to
    utilize the facility in whaling for which such license was
    issued.
        (d) Any person, in making application for a license to
    operate a whale catcher, must furnish evidence or affidavit
    satisfactory to the Secretary of Commerce that, in addition to
    conforming to other applicable laws and regulations, (1) the
    whale catcher is adequately equipped and competently manned to
    engage in whaling in accordance with the provisions of the
    convention, the regulations of the Commission, and the
    regulations of the Secretary of Commerce; (2) gunners and crews
    will be compensated on some basis that does not depend
    primarily on the number of whales taken; and (3) no bonuses or
    other partial remuneration with relation to the number of
    whales taken shall be paid to gunners and crews in respect of
    the taking of any whales, the taking of which is prohibited.
        (e) Any person, in making application for a license to
    operate a land station or a factory ship must furnish evidence
    or affidavits to the satisfaction of the Secretary of Commerce
    that, in addition to conforming to other applicable laws and
    regulations, such land station or factory ship is adequately
    equipped to comply with provisions of the convention, of the
    regulations of the Commission, and of the regulations of the
    Secretary of Commerce with respect to the processing of whales
    or the manufacture of whale products.
        Sec. 7.\10\ Any person who fails to make, keep, or furnish
    any catch return, statistical record, or any report that may be
    required by the convention or by any regulation of the
    Commission, or by this Act, or by a regulation of the Secretary
    of Commerce, or any person who furnishes a false return,
    record, or report, upon conviction, shall be subject to such
    fine as may be imposed by the court not to exceed $500, and
    shall in addition be prohibited from whaling, processing, or
    possessing whales, and whale products from the date of
    conviction until such time as any delinquent return, record, or
    report shall have been submitted or any false return, record,
    or report shall have been replaced by a duly certified correct
    and true return, record, or report to the satisfaction of the
    court. The penalties imposed by section 8 of this Act shall not
    be invoked for failure to comply with requirements respecting
    returns, records, and reports.
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 916e.
    ---------------------------------------------------------------------------
        Sec. 8.\11\ Except as to violations defined in clause 3 of
    subsection (a) of section (5) of this Act, any person violating
    any provision of the convention, or of any regulation of the
    Commission, or of this Act, or of any regulation of the
    Secretary of Commerce upon conviction, shall be fined not more
    than $10,000 or be imprisoned not more than one year, or both.
    In addition the court may prohibit such person from whaling for
    such period of time as it may determine, and may order
    forfeited, in whole or in part, the whales taken by such person
    in whaling during the season, or the whale products derived
    therefrom or the monetary value thereof. Such forfeited whales
    or whale products shall be disposed of in accordance with the
    direction of the court.
    ---------------------------------------------------------------------------
        \11\ 16 U.S.C. 916f.
    ---------------------------------------------------------------------------
        Sec. 9.\12\ (a) Any duly authorized enforcement officer or
    employee of the Department of Commerce; \13\ any Coast Guard
    officer; any United States marshal or deputy United States
    marshal; any customs officer; and any other person authorized
    to enforce the provisions of the convention, the regulations of
    the Commission, this Act, and the regulations of the Secretary
    of Commerce, shall have power, without warrant or other process
    but subject to the provisions of the convention, to arrest any
    person subject to the jurisdiction of the United States
    committing in his presence or view a violation of the
    convention or of this Act, or of the regulations of the
    Commission, or of the regulations of the Secretary of Commerce
    and to take such person immediately for examination before a
    justice or judge or any other official designated in section
    3041 of title 18 of the United States Code; and shall have
    power, without warrant or other process, to search any vessel
    subject to the jurisdiction of the United States or land
    station when he has reasonable cause to believe that such
    vessel or land station is engaged in whaling in violation of
    the provisions of the convention or this Act, or the
    regulations of the Commission, or the regulations of the
    Secretary of Commerce. Any person authorized to enforce the
    provisions of the convention, this Act, the regulations of the
    Commission, or the regulations of the Secretary of Commerce
    shall have power to execute any warrant or process issued by an
    officer or court of competent jurisdiction for the enforcement
    of this Act, and shall have power with a search warrant to
    search any vessel, person, or place at any time. The judges of
    the United States district courts and the United States
    magistrates \14\ may, within their respective jurisdictions,
    upon proper oath or affirmation showing probable cause, issue
    warrants in all such cases. Subject to the provisions of the
    convention, any person authorized to enforce the convention,
    this Act, the regulations of the Commission, and the
    regulations of the Secretary of Commerce may seize, whenever
    and wherever lawfully found, all whales or whale products
    taken, processed, or possessed contrary to the provisions of
    the convention, of this Act, of the regulations of the
    Commission, or of the regulations of the Secretary of Commerce.
    ---------------------------------------------------------------------------
        \12\ 16 U.S.C. 916g.
        \13\ Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat.
    2090) struck out ``United States Fish and Wildlife Service of the
    Department of the Interior'' and inserted in lieu thereof ``Department
    of Commerce'',
        \14\ Sec. 402 of Public Law 90-578 (82 Stat. 1118; October 17,
    1968) struck out ``United States commissioners'' and inserted in lieu
    thereof ``United States magistrates''. Sec. 402 further provided that,
    within each district, references in previously enacted statutes and
    previously promulgated rules and regulations to United States
    commissioners are to be deemed, within such district, references to
    United States magistrates duly appointed under sec. 631 of Title 28 as
    soon as the first United States magistrate assumes office within that
    district or on October 17, 1971, whichever is earlier. See Applicable
    Law note under sec. 631 of Title 28: Judiciary and Judicial Procedure.
    ---------------------------------------------------------------------------
        Any property so seized shall not be disposed of except
    pursuant to the order of a court of competent jurisdiction or
    the provisions of subsection (b) of this section, or, if
    perishable, in the manner prescribed by regulations of the
    Secretary of Commerce.
        (b) notwithstanding the provisions of section 2464 of title
    28 of the United States Code, when a warrant of arrest or other
    process in rem is issued in any cause under this section, the
    marshal or other officer shall stay the execution of such
    process, or discharge any property seized if the process has
    been levied, on receiving from the claimant of the property a
    bond or stipulation for double the value of the property with
    sufficient surety to be approved by a judge of the district
    court having jurisdiction, conditioned to deliver the property
    seized, if condemned, without impairment in value or, in the
    discretion of the court, to pay its equivalent value in money
    or otherwise to answer the decree of the court in such cause.
    Such bond or stipulation shall be returned to the court and
    judgment thereon against both the principal and sureties may be
    recovered in event of any breach of the conditions thereof as
    determined by the court.
        Sec. 10.\15\ (a) In order to avoid duplication in
    scientific and other programs, the Secretary of State, with the
    concurrence of the agency, institution, or organization
    concerned, may direct the United States Commissioner to arrange
    for the cooperation of agencies of the United States
    Government, and of State and private institutions and
    organizations in carrying out the provisions of article IV of
    the convention.
    ---------------------------------------------------------------------------
        \15\ 16 U.S.C. 916h.
    ---------------------------------------------------------------------------
        (b) All agencies of the Federal Government are authorized,
    on request of the Commission, to cooperate in the conduct of
    scientific and other programs, or to furnish facilities and
    personnel for the purpose of assisting the Commission in the
    performance of its duties as prescribed by the convention.
        Sec. 11.\16\ Nothing contained in this Act shall prevent
    the taking of whales and the conducting of biological
    experiments at any time for purposes of scientific
    investigation in accordance with scientific permits and
    regulations issued by the Secretary of Commerce or shall
    prevent the Commission from discharging its duties as
    prescribed by the convention.
    ---------------------------------------------------------------------------
        \16\ 16 U.S.C. 916i.
    ---------------------------------------------------------------------------
        Sec. 12.\17\ (a) The Secretary of Commerce is authorized
    and directed to administer and enforce all of the provisions of
    this Act and regulations issued pursuant thereto and all of the
    provisions of the convention and of the regulations of the
    Commission, except to the extent otherwise provided for in this
    Act, in the convention, or in the regulations of the
    Commission. In carrying out such functions he is authorized to
    adopt such regulations as may be necessary to carry out the
    purposes and objectives of the convention, the regulations of
    the Commission, this Act, and with the concurrence of the
    Secretary of State, to cooperate with the duly authorized
    officials of the government of any party to the convention.
    ---------------------------------------------------------------------------
        \17\ 16 U.S.C. 916j.
    ---------------------------------------------------------------------------
        (b) Enforcement activities under the provisions of this Act
    relating  to  vessels  engaged  in  whaling  and  subject  to
    the  jurisdiction of the United States primarily shall be the
    responsibility of the Secretary of the Treasury in cooperation
    with the Secretary of Commerce.
        (c) The Secretary of Commerce may authorize officers and
    employees of the coastal States of the United States to enforce
    the provisions of the convention, or of the regulations of the
    Commission, or of this Act, or of the regulations of the
    Secretary of Commerce. When so authorized such officers and
    employees may function as Federal law-enforcement officers for
    the purposes of this Act.
        Sec. 13.\18\ Regulations of the Commission approved and
    effective in accordance with section 4 of this Act and article
    V of the convention shall be submitted for appropriate action
    or publication in the Federal Register by the Secretary of
    Commerce and shall become effective with respect to all persons
    and vessels subject to the jurisdiction of the United States in
    accordance with the terms of such regulations and the
    provisions of article V of the convention.
    ---------------------------------------------------------------------------
        \18\ 16 U.S.C. 916k.
    ---------------------------------------------------------------------------
        Sec. 14.\19\ There is hereby authorized to be appropriated
    from time to time, out of any moneys in the Treasury not
    otherwise appropriated, such sums as may be necessary to carry
    out the provisions of the convention and of this Act, including
    (1) contributions to the Commission for the United States share
    of any joint expenses of the Commission agreed by the United
    States and any of the other contracting governments, and (2)
    the expenses of the United States Commissioner and his staff,
    including (a) personal services in the District of Columbia and
    elsewhere, without regard to the civil service laws and the
    Classification Act of 1923, as amended; \20\ (b) travel
    expenses without regard to the Travel Expense Act of 1949 \21\
    and section 73b of Title 5; \22\ (c) transportation of things,
    communication services; (d) rent of offices; (e) printing and
    binding without regard to section 111 of Title 44 \23\ and
    section 5 of Title 41; (f) stenographic and other services by
    contract, if deemed necessary, without regard to section 5 of
    Title 41; (g) supplies and materials; (h) equipment; (i)
    purchase, hire, operation, maintenance, and repair of aircraft,
    motor vehicles (including passenger-carrying vehicles), boats,
    and research vessels.
    ---------------------------------------------------------------------------
        \19\ 16 U.S.C. 916l.
        \20\ Sec. 1202 of the Classification Act of 1949 (63 Stat. 972)
    repealed the Classification Act of 1923. Sec. 1106 of such Act provided
    that wherever reference was made to the Classification Act of 1923 it
    should be deemed a reference to the Classification Act of 1949. The
    Classification Act of 1949 is now covered by ch. 51 and subch. III of
    ch. 53 of title 5, Government Organization and Employees.
        \21\ The Travel Expense Act of 1949 is now covered by sec. 5701 et
    seq. of title 5.
        \22\ Sec. 73b of title 5 is now covered by sec. 5731 of title 5.
        \23\ Sec. 111 of title 44 is now covered by sec. 501 of title 44:
    Public Printing and Documents.
    ---------------------------------------------------------------------------
        Sec. 15. If any provision of this Act or the application of
    such provision to any circumstances or persons shall be held
    invalid, the validity of the remainder of the Act and the
    applicability of such provision to other circumstances or
    persons shall not be affected thereby.
        Sec. 16. The Whaling Treaty Act of May 1, 1936 (49 Stat.
    1246; 16 U.S.C. 901-915), is hereby repealed and the Secretary
    of Commerce is authorized to refund any part of a license fee
    paid under said Act that is in excess of the license fee
    required under this Act.
                11. R.M.S. Titanic Maritime Memorial Act of 1986

     Public Law 99-513 [S. 2048], 100 Stat. 2082, approved October 21, 1986

    AN ACT To encourage international efforts to designate the shipwreck of
    the R.M.S. Titanic as an international maritime memorial and to provide
      for reasonable research, exploration, and, if appropriate, salvage
                   activities with respect to the shipwreck.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``R.M.S. Titanic Maritime
    Memorial Act of 1986''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 450rr note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS AND PURPOSES.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 450rr.
    ---------------------------------------------------------------------------
              (1) the R.M.S. Titanic, the oceanliner which sank on
            her maiden voyage after striking an iceberg on April
            14, 1912, should be designated as an international
            maritime memorial to the men, women, and children who
            perished aboard her;
              (2) the recent discovery of the R.M.S. Titanic, lying
            more than twelve thousand feet beneath the ocean
            surface, demonstrates the practical applications of
            ocean science and engineering;
              (3) the R.M.S. Titanic, well preserved in the cold,
            oxygen-poor waters of the deep North Atlantic Ocean, is
            of major national and international cultural and
            historical significance, and merits appropriate
            international protection; and
              (4) the R.M.S. Titanic represents a special
            opportunity for deep ocean scientific research and
            exploration.
        (b) Purpose.--The Congress declares that the purposes of
    this Act are--
              (1) to encourage international efforts to designate
            the R.M.S. Titanic as an international maritime
            memorial to those who lost their lives aboard here in
            1912;
              (2) to direct the United States to enter into
            negotiations with other interested nations to establish
            an international agreement which will provide for the
            designation of the R.M.S. Titanic as an international
            maritime memorial, and protect the scientific,
            cultural, and historical significance of the R.M.S.
            Titanic;
              (3) to encourage, in those negotiations or in other
            fora, the development and implementation of
            international guidelines for conducting research on,
            exploration of, and if appropriate, salvage of the
            R.M.S. Titanic; and
              (4) to express the sense of the United States
            Congress that, pending such international agreement or
            guidelines, no person should physically alter, disturb,
            or salvage the R.M.S. Titanic in any research or
            exploratory activities which are conducted.

    SEC. 3.\3\ DEFINITIONS.

        For the purposes of this Act, the term--
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 450rr-1.
    ---------------------------------------------------------------------------
              (a) ``Administrator'' means the Administrator of the
            National Oceanic and Atmospheric Administration (NOAA);
              (b) ``person'' means any individual (whether or not a
            citizen or national of the United State), any
            corporation, partnership, association, or other entity
            (whether or not organized, or existing under the law of
            any State), and any Federal, State, local, or foreign
            government or any entity of any such government;
              (c) ``R.M.S. Titanic'' means the shipwrecked vessel
            R.M.S. Titanic, her cargo or other contents, including
            those items which are scattered on the ocean floor in
            her vicinity; and
              (d) ``Secretary'' means the Secretary of State.

    SEC. 4.\4\ COMMENDATION.

        The Congress of the United States highly commends the
    members of the joint international expedition which discovered
    the R.M.S. Titanic.
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 450rr-2.
    ---------------------------------------------------------------------------

    SEC. 5.\5\ INTERNATIONAL GUIDELINES.

        (a) The Administrator is directed to enter into
    consultation with the United Kingdom, France, Canada, and other
    interested nations to develop international guidelines for
    research on, exploration of, and if appropriate, salvage of the
    R.M.S. Titanic, which--
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 450rr-3.
    ---------------------------------------------------------------------------
              (1) are consistent with its national and
            international scientific, cultural, and historical
            significance and the purposes of this Act; and
              (2) promote the safety of individuals involved in
            such operations.
        (b) In carrying out subsection (a), the Administrator shall
    consult with the Secretary and shall promote full participation
    by other interested Federal agencies, academic and research
    institutions, and members of the public.

    SEC. 6.\6\ INTERNATIONAL AGREEMENT.

        (a) The Secretary is directed to enter into negotiations
    with the United Kingdom, France, Canada, and other interested
    nations to develop an international agreement which provides
    for--
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 450rr-4.
    ---------------------------------------------------------------------------
              (1) the designation of the R.M.S. Titanic as an
            international maritime memorial; and
              (2) research on, exploration of, and if appropriate,
            salvage of the R.M.S. Titanic consistent with the
            international guidelines developed pursuant to section
            5 and the purposes of this Act.
        (b) In carrying out the requirements of subsection (a), the
    Secretary shall consult with the Administrator, who shall
    provide research and technical assistance to the Secretary.
        (c) The Secretary and the Administrator shall report
    semiannually to the Committee on Merchant Marine and Fisheries
    and the Committee on Foreign Affairs in the House of
    Representatives \7\ and to the Committee on Foreign Relations
    and the Committee on Commerce, Science, and Transportation in
    the Senate on the progress of the negotiations and
    consultations.
    ---------------------------------------------------------------------------
        \7\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
        Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided that
    references to the Committee on Merchant Marine and Fisheries of the
    House of Representatives shall be treated as referring to--
    ---------------------------------------------------------------------------

      (A) the Committee on Agriculture, in the case of a provision of law
    relating to inspection of seafood or seafood products;

      (B) the Committee on National Security, in the case of a provision of law
    relating to interoceanic canals, the Merchant Marine Academy and State
    Maritime Academies, or national security aspects of merchant marine;

      (C) the Committee on Resources, in the case of a provision of law
    relating to fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures relating to
    oil and other pollution of navigable waters, or oceanography;

      (D) the Committee on Science, in the case of a provision of law relating
    to marine research; and

      (E) the Committee on Transportation, in the case of a provision of law
    relating to a matter other than a matter described in any of subparagraphs
    (A) through (D).

        (d) Upon adoption of an international agreement as
    described in subsection (a), the Secretary shall provide
    notification of the agreement and recommendations for
    legislation to implement the agreement to the Committee on
    Merchant Marine and Fisheries and the Committee on Foreign
    Affairs in the House of Representatives \7\ and to the
    Committee on Foreign Relations and the Committee on Commerce,
    Science, and Transportation in the Senate.

    SEC. 7.\8\ SENSE OF CONGRESS REGARDING CONDUCT OF FUTURE ACTIVITIES.

        It is the sense of Congress that research and limited
    exploration activities concerning the R.M.S. Titanic should
    continue for the purpose of enhancing public knowledge of its
    scientific, cultural, and historical significance: Provided,
    That, pending adoption of the international agreement described
    in section 6(a) or implementation of the international
    guidelines described in section 5, no person should conduct any
    such research or exploration activity which would physically
    alter, disturb, or salvage the R.M.S. Titanic.
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 450rr-5.
    ---------------------------------------------------------------------------

    SEC. 8.\9\ DISCLAIMER OF EXTRATERRITORIAL SOVEREIGNTY.

        By enactment of this Act, the United States does not assert
    sovereignty, or sovereign or exclusive rights or jurisdiction
    over,or the ownership of, any marine areas or the R.M.S.
    Titanic.
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 450rr-6.
                                   12. Salmon

                      a. Pacific Salmon Treaty Act of 1985

     Public Law 99-5 [H.R. 1093], 99 Stat. 7, approved March 15, 1985; as
      amended by Public Law 102-251 [Flower Garden Banks National Marine
    Sanctuary; H.R. 3866], 106 Stat. 60, approved March 9, 1992; Public Law
      104-208 [Department of Commerce and Related Agencies Appropriations
      Act; title II of sec. 101(a) of title I of Public Law 104-208; H.R.
    3610], 110 Stat. 3009, approved September 30, 1996; Public Law 106-113
      [Consolidated Appropriations Act, 2000; H.R. 3194], 113 Stat. 1501,
       approved November 29, 1999; and Public Law 106-554 [Consolidated
    Appropriations Act, 2001; H.R. 4942], 114 Stat. 2762, approved December
                                    21, 2000

       AN ACT To give effect to the Treaty Between the Government of the
       United States of America and the Government of Canada Concerning
              Pacific Salmon, signed at Ottawa, January 28, 1985.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the Pacific Salmon Treaty Act of 1985''.

    SEC. 2.\1\ DEFINITIONS.

        As used in this title, unless the context otherwise
    requires, the term--
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 3631.
    ---------------------------------------------------------------------------
              (a) ``Commission'' means the Pacific Salmon
            Commission established by the Treaty;
              (b) ``enhancement'' means manmade improvements to
            natural habitats, or the application of artificial fish
            culture technology, that will lead to the increase of
            salmon stocks;
              (c) ``Magnuson-Stevens Act'' means the Act entitled
            ``the Magnuson-Stevens Fishery Conservation and
            Management Act,'' as approved April 13, 1976, and as
            later amended (16 U.S.C. section 1801 et seq.); \2\
    ---------------------------------------------------------------------------
        \2\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (d) ``Panel'' means any of the Panels established by
            the Treaty;
              (e) ``person'' means any individual (whether or not a
            citizen or national of the United States), any
            corporation, partnership, association, or other entity
            (whether or not organized or existing under the laws of
            any State);
              (f) ``salmon'' means any anadromous species of the
            family Salmonidae and genus Oncorhynchus, commonly
            known as Pacific salmon, including but not limited to:

                                  Popular names           Scientific name
                              Chinook or King Salmon  Oncorhynchus
                                                       tshawytscha
                              Coho or Silver Salmon.  Oncorhynchus kisutch
                              Pink or Humpback        Oncorhynchus gorbuscha
                               Salmon.
                              Chum or Dog Salmon....  Oncorhynchus keta
                              Sockeye or Red Salmon.  Oncorhynchus nerka
            and shall also include Steelhead (Salmo gairdneri);
              (g) ``Secretary'' means the Secretary of Commerce;
              (h) \3\ ``Special areas'' means the areas referred to
            as eastern special areas in Article 3(1) of the
            Agreement between the United States of America and the
            Union of Soviet Socialist Republics on the Maritime
            Boundary, signed June 1, 1990; in particular, the term
            refers to those areas east of the maritime boundary, as
            defined in that Agreement, that lie within 200 nautical
            miles of the baselines from which the breadth of the
            territorial sea of Russia is measured but beyond 200
            nautical miles of the baselines from which the breadth
            of the territorial sea of the United States is
            measured.
    ---------------------------------------------------------------------------
        \3\ Sec. 306(a) of Public Law 102-251 (106 Stat. 66) redesignated
    subsecs. (h) through (j) as subsecs. (i) through (k) and added a new
    subsec. (h).
    ---------------------------------------------------------------------------
              (i) \3\ ``Treaty'' means the Treaty between the
            Government of the United States of America and the
            Government of Canada Concerning Pacific Salmon, signed
            at Ottawa, January 28, 1985;
              (j) \3\ ``treaty Indian tribe'' means any of the
            federally recognized Indian tribes of the Columbia
            River basin, Washington coast or Puget Sound areas
            having reserved fishing rights to salmon stocks subject
            to the Treaty under treaties with the United States
            Government; and
              (k) \3\ ``United States Section'' means the four
            United States Commissioners appointed by the President
            pursuant to this title.

    SEC. 3.\4\ UNITED STATES SECTION.

        (a) Commissioners.--The United States shall be represented
    on the Commission by four United States Commissioners who are
    knowledgeable or experienced concerning Pacific salmon, to be
    appointed by and serve at the pleasure of the President. Of
    these, one shall be an official of the United States Government
    who shall be a nonvoting member of the United States Section;
    one shall be a resident of the State of Alaska and shall be
    appointed from a list of at least six qualified individuals
    nominated by the Governor of that State; one shall be a
    resident of the States of Oregon, or Washington and shall be
    appointed from a list of at least six qualified individuals
    nominated by the Governors of those States; and one shall be
    appointed from a list of at least six qualified individuals
    nominated by the treaty Indian tribes of the States of Idaho,
    Oregon or Washington. Two of the initial appointments shall be
    for two-year terms; all other appointments shall be for four-
    year terms. Each Commissioner is eligible for reappointment.
    Any individual appointed to fill a vacancy occurring prior to
    the expiration of any term of office shall be appointed for the
    remainder of that term. Unless otherwise agreed, the
    chairmanship of the United States Section shall rotate annually
    among all four members with the order of rotation determined by
    lot at the first meeting.
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 3632.
    ---------------------------------------------------------------------------
        (b) Alternate Commissioners.--The Secretary of State, in
    consultation with the Secretary and the Secretary of the
    Interior, shall designate an Alternate Commissioner for each
    Commissioner from the respective lists referred to in section
    3(a), and may designate an Alternate Commissioner for the
    Federal Commissioner. In the absence of a Commissioner, the
    Alternate Commissioner may exercise all functions of such
    Commissioner at any meeting of the Commission or of the United
    States Section. Alternate Commissioners are eligible for
    reappointment and may attend all meetings of the United States
    Section.
        (c) Southern Panel.--The United States shall be represented
    on the southern Panel by six Panel members, of whom--
              (1) one shall be an official of the United States
            Government, with salmon fishery management
            responsibility and expertise;
              (2) one shall be an official of the State of Oregon,
            with salmon fishery management responsibility and
            expertise;
              (3) one shall be an official of the State of
            Washington, with salmon fishery management
            responsibility and expertise;
              (4) two shall be appointed from a list submitted by
            the treaty Indian tribes of individuals with salmon
            fishery management responsibility and expertise; and
              (5) one shall be appointed from the commercial or
            recreational sector who is knowledgeable and
            experienced in the salmon fisheries for which the
            southern Panel is responsible.
        (d) Northern Panel.--The United States shall be represented
    on the northern Panel by six Panel members, of whom--
              (1) one shall be an official of the United States
            Government, with salmon fishery management
            responsibility and expertise;
              (2) one shall be an official of the State of Alaska,
            with salmon fishery management responsibility and
            expertise; and
              (3) four shall be individuals knowledgeable and
            experienced in the salmon fisheries for which the
            northern Panel is responsible.
        (e) Fraser River Panel.--The United States shall be
    represented on the Fraser River Panel by four Panel members, of
    whom--
              (1) one shall be an official of the United States
            Government, with salmon fishery management
            responsibility and expertise;
              (2) one shall be an official of the State of
            Washington, with salmon fishery management
            responsibility and expertise;
              (3) one shall be appointed from a list submitted by
            the treaty Indian tribes of individuals with salmon
            fishery management responsibility and expertise for the
            fisheries for which the Fraser River Panel is
            responsible; and
              (4) one shall be appointed from the commercial sector
            of the salmon fishing industry concerned with fisheries
            for which the Fraser River Panel is responsible.
        (f) \5\ The United States shall be represented on the
    Transboundary Panel by seven panel members, of whom--
    ---------------------------------------------------------------------------
        \5\ Sec. 144(c)(5) of H.R. 5666, as enacted into law by sec.
    1(a)(4) of Public Law 106-554 (114 Stat. 2762) redesignated subsecs.
    (f) through (h) as subsecs. (g) through (i), and added a new subsec.
    (f).
    ---------------------------------------------------------------------------
              (1) one shall be an official of the United States
            Government, with salmon fishery management
            responsibility and expertise;
              (2) one shall be an official of the State of Alaska,
            with salmon fishery management responsibility and
            expertise; and
              (3) five shall be individuals knowledgeable and
            experienced in the salmon fisheries for which the
            Transboundary Panel is responsible.
        (g) \5\ Panel Appointments.--Panel members described in
    subsections (c)(2), (c)(3), (d)(2), and (e)(2) shall be
    appointed by the Governor of the applicable State. Panel
    members described in subsections (c)(4) and (e)(3) shall be
    appointed by the Secretary of the Interior from lists of
    nominations provided by the appropriate treaty Indian tribes.
    All other Panel members shall be appointed by the Secretary:
    Provided, That at least one member of the northern Panel shall
    be a voting member of the North Pacific Fishery Management
    Council, at least one member of the southern Panel shall be a
    voting member of the Pacific Fishery Management Council; and
    the Panel members described in subsections (c)(5), (d)(3), and
    (e)(4) shall be appointed from lists of nominations provided by
    the Governors of the applicable States. For the northern,
    southern, and Fraser River panels, the appointing authorities
    \6\ listed above may also designate an alternate Panel member,
    meeting the same qualifications and having the same term of
    office, to serve in the absence of a Panel member appointed
    under this subsection. Panel members and alternate Panel
    members, other than the southern Panel member described in
    subsection (c)(5), shall serve four-year terms; except that the
    Secretary of State shall designate one-half of the initial
    appointments to each Panel as serving two-year terms. The
    southern Panel member described in subsection (c)(5) and the
    corresponding alternate shall each be appointed for one-year
    terms; the first such member shall be appointed from the
    commercial sector and an alternate shall be appointed from the
    recreational sector, with the alternate succeeding to the
    member position in the subsequent year; thereafter the member
    and alternate positions shall rotate between the commercial and
    recreational sectors on an annual basis. Any individual
    appointed to fill a vacancy occurring prior to the expiration
    of any term of office shall be appointed for the remainder of
    that term. Panel members and alternates shall be eligible for
    reappointment and may attend all meetings of the relevant
    United States Panel Section.
    ---------------------------------------------------------------------------
        \6\ Sec. 144(c)(5)C) of H.R. 5666, as enacted into law by sec.
    1(a)(4) of Public Law 106-554 (114 Stat. 2762) struck out ``The
    appointing authorities'' and inserted in lieu thereof ``For the
    northern, southern, and Fraser River panels, the appointing
    authorities''.
    ---------------------------------------------------------------------------
        (h) \5\ Voting Requirements.--(1) Except as provided in
    paragraph (2), the \7\ United States Section shall operate with
    the objective of attaining consensus decisions in the
    development and exercise of its single vote within the
    Commission. A decision of the United States Section shall be
    taken when there is no dissenting vote.
    ---------------------------------------------------------------------------
        \7\ Sec. 623(c)(1) of H.R. 3421, as enacted into law by sec.
    1000(a)(1) of Public Law 106-113 (113 Stat. 1501), struck out ``The''
    and inserted in lieu thereof ``Except as provided in paragraph (2),
    the''.
    ---------------------------------------------------------------------------
        (2) \8\ A decision of the United States Section with
    respect to any salmon fishery regime covered by chapter 1 or 2
    (except paragraph 4 of chapter 2) of Annex IV to the Pacific
    Salmon Treaty of 1985 shall be taken upon the affirmative vote
    of the United States Commissioner appointed from the list
    submitted by the Governor of Alaska pursuant to subsection (a).
    A decision of the United States Section with respect to any
    salmon fishery regime covered by chapter 4, 5 (except paragraph
    2(b) of chapter 5), or 6 of the Pacific Salmon Treaty of 1985
    shall be taken upon the affirmative vote of both the United
    States Commissioner appointed from the list submitted by the
    Governors of Washington and Oregon pursuant to subsection (a)
    and the United States Commissioner appointed from the list
    submitted by the treaty Indian tribes of the State of Idaho,
    Oregon, or Washington pursuant to subsection (a). Before a
    decision of the United States Section is made under this
    paragraph, the voting Commissioner or Commissioners shall
    consult with the Commissioner who is an official of the United
    States Government under subsection (a) \9\
    ---------------------------------------------------------------------------
        \8\ Sec. 623(c)(2) of H.R. 3421, as enacted into law by sec.
    1000(a)(1) of Public Law 106-113 (113 Stat. 1501), redesignated paras.
    (2) through (7) as paras. (3) through (8), and added a new para. (2).
        \9\ So in original. A period probably should appear at this point.
    ---------------------------------------------------------------------------
        (3) \8\ All decisions and recommendations of the United
    States Section of the northern, southern, and transboundary
    \10\ Panels shall require the concurring vote of a majority of
    the United States Panel members present and voting, except that
    decisions and recommendations of the southern Panel shall
    require the concurring vote of the members designated in
    subsections (c)(2) and (c)(3) and one of those members
    designated in subsection (c)(4).
    ---------------------------------------------------------------------------
        \10\ Sec. 144(c)(5)(D) of H.R. 5666, as enacted into law by sec.
    1(a)(4) of Public Law 106-554 (114 Stat. 2762) struck out ``northern
    and southern'' and inserted in lieu thereof ``northern, southern, and
    transboundary''.
    ---------------------------------------------------------------------------
        (4) \8\ All decisions and recommendations of the United
    States Section of the Fraser River Panel shall require the
    concurring vote of all United States Panel members present and
    voting, except that orders referred to in article VI(6) of the
    Treaty may be agreed to on the basis of a majority, provided
    that the Panel members representing the State and Tribal
    fishery management authorities concur.
        (5) \8\ All decisions and recommendations of any joint
    Panel shall require the concurring votes of each Panel under
    the voting rules specified in paragraphs (2) and (3).
        (6) \8\ To assist in the resolution of disputes affecting
    decisions of the United States Section or of the United States
    Panel sections, a three-person Conciliation Board may be
    established. The members of the Conciliation Board shall be
    selected by the United States Section as follows; each non-
    Federal Commissioner shall submit a list of no fewer than three
    qualified nominees; one person shall be selected from each list
    by consensus decision of the Federal Commissioner and the other
    two non-Federal Commissioners. The Conciliation Board shall
    operate under such bylaws as may be established by the United
    States Section.
        (7) \8\ In any matter where the Fraser River Panel is
    unable to act because the United States Fraser River Panel
    members have been unable to reach a decision in accordance with
    paragraph (3) of this subsection, and upon a determination by
    the Chairman of the subsection, and upon a determination by the
    Chairman of the United States Section that an action of the
    Panel is required, the United States Section shall act for the
    United States Panel members in the Fraser River Panel.
        (8) \8\ In any matter where the Secretary of State
    determines that the United States is in jeopardy of not
    fulfilling its international obligations under the Treaty, the
    Secretary of State shall so certify to the United States
    Section. Such certification shall include the reasons for such
    determination and shall specify the date by which a decision by
    the United States Section is desired. If the United States
    Section has not reached a decision by the date specified, the
    Secretary of State, after consultation with the Secretary and
    the Secretary of the Interior, shall report on the matter to
    the President.
        (i) \5\ Consultation.--In carrying out their functions
    under the Treaty, the Commissioners and Panel members may
    consult with such other interested parties as they consider
    appropriate. The Federal Advisory Committee Act (5 U.S.C. App.
    1 et seq.) shall not apply.

    SEC. 4.\11\ AUTHORITY AND RESPONSIBILITY.

        (a) The Secretary of State is authorized to--
    ---------------------------------------------------------------------------
        \11\ 16 U.S.C. 3633.
    ---------------------------------------------------------------------------
              (1) receive and transmit, on behalf of the United
            States, reports, requests, recommendations, proposals,
            and other communications of and to the Commission and
            Panels;
              (2) in consultation with the Secretary and the
            Secretary of the Interior, approve, disapprove, object
            to, or withdraw objections to fishery regimes,
            including enhancement programs and Fraser River Panel
            regulations proposed in accordance with the Treaty, on
            the condition that the United States shall be obligated
            to carry out such regimes or regulations only to the
            extent that funds are made available for such purposes
            in appropriation Acts; and
              (3) act upon, or refer to other appropriate
            authority, any communication referred to in paragraph
            (1) of this subsection other than a proposed fishery
            regime or Fraser River Panel regulation.
        (b) Recommendations of the Commission on fishery regimes or
    Fraser River Panel regulations approved by the Secretary of
    State pursuant to subsection (a)(2) shall be forwarded
    immediately to the States of Alaska, Oregon, Washington, and
    Idaho and to the treaty Indian tribes, as appropriate. In the
    exercise of their general fishery management authority, the
    States and treaty Indian tribes may adopt corresponding laws,
    regulations, or orders within their respective jurisdictions.
        (c) In cooperation with the appropriate Regional Fishery
    Management Councils, States and treaty Indian tribes, the
    Secretary shall prepare, as appropriate, all statements,
    reports, and information required by the Treaty and submit such
    documents to the Secretary of State, who shall transmit them to
    the Commission.

    SEC. 5.\12\ INTERAGENCY COOPERATION.

        (a) In carrying out the provisions of the treaty and this
    title, the Secretary, in consultation with the Secretary of the
    Interior, may arrange for cooperation with agencies of the
    United States, the States, treaty Indian tribes, private
    institutions and organizations, and may execute such memoranda
    as may be necessary to reflect such agreements.
    ---------------------------------------------------------------------------
        \12\ 16 U.S.C. 3634.
    ---------------------------------------------------------------------------
        (b) Agencies of the United States may cooperate in the
    conduct of scientific and other programs, and may furnish
    facilities and personnel, for the purposes of assisting the
    Commission and Panels in carrying out their responsibilities
    under the Treaty. Such agencies may accept reimbursement from
    the Commission for providing such services, facilities, and
    personnel.

    SEC. 6.\13\ PREEMPTION.

        If any State or treaty Indian tribe has taken any action,
    or omitted to take any action, the results of which place the
    United States in jeopardy of not fulfilling its international
    obligations under the Treaty, or any fishery regime or Fraser
    River Panel regulation adopted thereunder, the Secretary shall
    inform the State or tribe of the manner in which the action or
    inaction places the United States in jeopardy of not fulfilling
    its international obligations under the Treaty, of any remedial
    action which would relieve this concern, and of the intention
    to promulgate Federal regulations if such remedial actions are
    not undertaken within fifteen days unless an earlier action is
    required to avoid violation of United States Treaty
    obligations. Should United States action be required to meet
    Treaty obligations to Canada in respect to treaty Indian
    fisheries conducted in terminal areas subject to the continuing
    jurisdiction of a United States district court, such action
    shall be taken within the framework of such court jurisdiction.
    Otherwise, regulations may be promulgated by the Secretary
    pursuant to section 7(a) of this title which shall supersede
    any State or treaty Indian tribal law, regulation or order
    determined by the Secretary to place the United States in
    jeopardy of not fulfilling its international obligations under
    the Treaty. Timely notice of all such determinations shall be
    disseminated by electronic media and shall be published in
    local newspapers in the major fishing ports affected and in the
    Federal Register. In order to enable the United States to
    fulfill its obligations under article IV(7) of the Treaty, the
    States of Alaska, Idaho, Oregon and Washington and the treaty
    Indian tribes shall advise the Secretary of all pertinent laws
    or regulations pertaining to the harvest of Pacific salmon,
    together, with such amendments thereto as may be adopted from
    time to time.
    ---------------------------------------------------------------------------
        \13\ 16 U.S.C. 3635.
    ---------------------------------------------------------------------------

    SEC. 7.\14\ RULEMAKING.

        (a) The Secretary, in consultation with the Secretary of
    the Interior, the Secretary of the Department in which the
    Coast Guard is operating and the appropriate Regional Fishery
    Management Council, shall promulgate such regulations as may be
    necessary to carry out the United States international
    obligations under the Treaty and this title, pursuant to
    section 6, as well as conforming amendatory regulations
    applicable to the United States Exclusive Economic Zone and
    special areas.\15\ Any such regulation may be made applicable,
    as necessary, to all persons and all vessels subject to the
    jurisdiction of the United States, wherever located. Such
    regulations as are necessary and appropriate to carry out
    obligations of the United States under the Treaty involving a
    foreign affairs function, and as such shall not be subject to
    sections 4 through 8 of the Administrative Procedure Act (5
    U.S.C. 553-557), or the National Environmental Policy Act (42
    U.S.C. 4321 et seq.).
    ---------------------------------------------------------------------------
        \14\ 16 U.S.C. 3636.
        \15\ Sec. 306(b) of Public Law 102-251 (106 Stat. 66) inserted
    ``and special areas''.
    ---------------------------------------------------------------------------
        (b) The Secretary, in cooperation with the Regional Fishery
    Management Councils, States, and treaty Indian tribes, may
    promulgate regulations applicable to nationals or vessels of
    the United States, or both, which are in addition to, and not
    in conflict with, fishery regimes and Fraser River Panel
    regulations adopted under the Treaty. Such regulations shall
    not discriminate between residents of different States.
        (c) Regulations promulgated by the Secretary under this
    title shall be subject to judicial review by the district
    courts of the United States to the extent authorized by, and in
    accordance with, chapter 7 of title 5, United States Code;
    except that section 705 of such title is not applicable, and
    the appropriate court shall only set aside any such regulation
    on a ground specified in section 706(2 (A), (B), (C) or (D) of
    such title. A civil action filed pursuant to this section shall
    be assigned for hearing at the earliest possible date, shall
    take precedence over other matters pending on the docket of the
    United States district court at that time, and shall be
    expedited in every way by such court and any appellate court.

    SEC. 8.\16\ PROHIBITED ACTS AND PENALTIES.

        (a) It is unlawful for any person or vessel subject to the
    jurisdiction of the United States--
    ---------------------------------------------------------------------------
        \16\ 16 U.S.C. 3637.
    ---------------------------------------------------------------------------
              (1) to violate any provision of this title, or of any
            regulation adopted hereunder, or of any Fraser River
            Panel regulation approved by the United States under
            the Treaty;
              (2) to refuse to permit any officer authorized to
            enforce the provisions of this title to broad a fishing
            vessel subject to such person's control for purposes of
            conducting any search or inspection in connection with
            the enforcement of this title;
              (3) to forcibly assault, resist, oppose, impede,
            intimidate, or interfere with any such authorized
            officer in the conduct of any search or inspection
            described in subparagraph (2);
              (4) to resist a lawful arrest for any act prohibited
            by this section;
              (5) to ship, transport, offer for sale, sell,
            purchase, import, export, or have custody, control, or
            possession of, any fish taken or retained in violation
            of this title; or
              (6) to interfere with, delay, or prevent, by any
            means, the apprehension or arrest of another person,
            knowing that such other person has committed any act
            prohibited by this section.
        (b) Any person who commits any act that is unlawful under
    subsection (a) of this section be liable to the United States
    for a civil penalty as provided by section 308 of the Magnuson-
    Stevens Act (16 U.S.C. 1858).
        (c) Any person who commits an act that is unlawful under
    paragraph (2), (3), (4), or (6) of subsection (a) of this
    section shall be guilty of an offense punishable as provided by
    section 309(b) of the Magnuson-Stevens Act (16 U.S.C. 1859(b)).
        (d)(1) Any vessel (including its gear, furniture,
    appurtenances, stores, and cargo) used in the commission of an
    act which is prohibited under subsection (a) of this section,
    and any fish (or the fair market value thereof) taken or
    retained, in any manner, in connection with or as a result of
    the commission of any act which is prohibited by subsection (a)
    of this section, shall be subject to forfeiture as provided by
    section 310 of the Magnuson-Stevens Act (16 U.S.C. 1860).
        (2) Any fish seized pursuant to this title may be disposed
    of pursuant to the order of a court of competent jurisdiction
    or, if perishable, in a manner prescribed by regulation of the
    Secretary.
        (e) The Secretary and the Secretary of the Department in
    which the Coast Guard is operating shall enforce the provisions
    of this title and shall have the authority provided by
    subsections 311 (a), (b)(1), and (c) of the Magnuson-Stevens
    Act (16 U.S.C. 1861 (a), (b)(1), and (c)).
        (f) The district courts of the United States shall have
    exclusive jurisdiction over any case or controversy arising
    under this section and may, at any time--
              (1) enter restraining orders or prohibitions;
              (2) issue warrants, process in rem, or other process;
              (3) prescribe and accept satisfactory bonds or other
            security; and
              (4) take such other actions as are in the interest of
            justice.

    SEC. 9.\17\ GENERAL STANDARDS.

        All actions taken under section 3(g), 4, 6, and 7 shall--
    ---------------------------------------------------------------------------
        \17\ 16 U.S.C. 3638.
    ---------------------------------------------------------------------------
              (a) take into account the best scientific information
            available;
              (b) result in measures necessary and appropriate for
            the conservation, management, utilization and
            development of the Pacific salmon resource, with due
            consideration of social and economic concerns; and
              (c) be consistent with United States obligations
            under the Treaty, domestic Indian treaties and other
            applicable law.

    SEC. 10.\18\ ADVISORY COMMITTEE.

        (a) The United States Section shall appoint an advisory
    committee of not less than twelve but not more than twenty
    members who are knowledgeable and experienced with respect to
    fisheries subject to the Treaty. One-half the membership of the
    committee shall be residents of the State of Alaska and one
    member shall be a resident of the State of Idaho. Each member
    shall serve a term of two years and shall be eligible for
    reappointment.
    ---------------------------------------------------------------------------
        \18\ 16 U.S.C. 3639.
    ---------------------------------------------------------------------------
        (b) Members of the advisory committee may attend all public
    meetings of the Commission and Panels and all nonexecutive
    sessions of the United States Section and United States Panel
    sections. At nonexecutive meetings of the United States Section
    and United States Panel sections, members of the advisory
    committee shall be given the opportunity to examine and to be
    heard on any nonadministrative matter under consideration.
        (c) The members of the advisory committee shall receive no
    compensation for their services as such members.
        (d) The Chairman of the United States Section shall call a
    meeting of the advisory committee at least one time each year.

    SEC. 11.\19\ ADMINISTRATIVE MATTERS.

        (a) Commissioners and Alternate Commissioners who are not
    State or Federal employees shall receive compensation at the
    daily rate of GS-18 of the General Schedule when engaged in the
    actual performance of duties for the United States Section or
    for the Commission.
    ---------------------------------------------------------------------------
        \19\ 16 U.S.C. 3640.
    ---------------------------------------------------------------------------
        (b) Panel Members and Alternate Panel Members who are not
    State or Federal employees shall receive compensation at the
    daily rate of GS-16 of the General Schedule when engaged in the
    actual performance of duties for the United States Section or
    for the Commission.
        (c) Travel and other necessary expenses shall be paid for
    all United States Commissioners, Alternate Commissioners, Panel
    Members, Alternate Panel Members, members of the Joint
    Technical Committee, and members of the Advisory Committee when
    engaged in the actual performance of duties for the United
    States Section or for the Commission.
        (d) Except for officials of the United States Government,
    such individuals shall not be considered to be Federal
    employees while engaged in the actual performance of duties for
    the United States Section or for the Commission, except for the
    purposes of injury compensation or tort claims liability as
    provided in chapter 81 of title 5, United States Code, and
    chapter 71 of title 28, United States Code,

    SEC. 12.\20\ AUTHORIZATION OF APPROPRIATIONS

        There  are authorized to be appropriated from time to time
    such sums as may be necessary for carrying out the purposes and
    provisions of the Treaty and this title including--
    ---------------------------------------------------------------------------
        \20\ 16 U.S.C. 3641.
    ---------------------------------------------------------------------------
              (a) necessary travel expenses of the Commissioners,
            Panel members, alternate Commissioners, alternate Panel
            members, United States members of joint technical
            committees established under article IV of the Treaty,
            and advisory committee members in accordance with the
            Federal Travel Regulations and sections 5701, 5702,
            5704 through 5708, and 5731 of title 5, United States
            Code;
              (b) the United States share of the joint expenses of
            the Commission. Provided, That the United States
            Commissioners and Panel members and alternates shall
            not, with respect to commitments concerning the United
            States share of the joint expenses of the Organization,
            be subject to section 262b of title 22, United States
            Code, insofar as it limits the authority of United
            States representatives to international organizations
            with respect to such commitments;
              (c) amounts for research, enhancement, and other
            activities necessary to carry out the purposes of the
            Treaty and this title; and
              (d) such amounts as may be due to settle accounts
            upon termination of the International Pacific Salmon
            Fisheries Commission.

    SEC. 13. REPEALER.

        The Sockeye Salmon or Pink Salmon Fishing Act of July 29,
    1947 (16 U.S.C. 776-776f), as amended by the Act of July 11,
    1957, sections 1-3, is repealed, effective December 31, 1985.
    The Secretary of State \21\ shall dispose of any United States
    property held by the International Pacific Salmon Fisheries
    Commission on the date of its termination in a manner which
    would further the purposes of this title.
    ---------------------------------------------------------------------------
        \21\ 16 U.S.C. 3642, beginning at ``The Secretary of State''.
    ---------------------------------------------------------------------------

    SEC. 14.\22\ SAVINGS.

        This title shall not be interpreted or applied so as to
    affect or modify rights established in existing Indian treaties
    and other existing Federal laws, including the Order entered in
    Confederated Tribes and Bands of the Yakima Indian Nation v.
    Baldrige, Civil No. 80-342 (WD WASH.). This section shall not
    be interpreted or applied so as to affect or modify any rights
    or obligations of the United States pursuant to the Treaty.
    ---------------------------------------------------------------------------
        \22\ 16 U.S.C. 3643.
    ---------------------------------------------------------------------------

    SEC. 15.\23\ RESTRICTION ON SPENDING AUTHORITY.

        New spending authority or authority to enter into contracts
    provided in this Act shall be effective only to such extent, or
    in such amounts, as are provided in advance in appropriation
    Acts.
    ---------------------------------------------------------------------------
        \23\ 16 U.S.C. 3644.
                   b. Atlantic Salmon Convention Act of 1982

      Title III of Public Law 97-389 [H.R. 3942], 96 Stat. 1949 at 1951,
    approved December 29, 1982; as amended by Public Law 98-44 [S. 625], 97
                       Stat. 216, approved July 12, 1983

     AN ACT To amend the Commercial Fisheries Research and Development Act
                                    of 1964.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Fisheries Amendments of 1982''.
              * * * * * * *

                    TITLE III--NORTH ATLANTIC SALMON TREATY

        Sec. 301.\1\ This title may be cited as the ``Atlantic
    Salmon Convention Act of 1982''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 3601 note.
    ---------------------------------------------------------------------------
        Sec. 302.\2\ As used in this title, the term--
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 3601.
    ---------------------------------------------------------------------------
              (1) ``Act of 1976'' means the Act entitled ``An Act
            to provide for the conservation and management of the
            fisheries, and for other purposes'', approved April 13,
            1976 (16 U.S.C. 1801 et seq.);
              (2) ``Commission'' means any of the Commissions of
            the Organization that are established by the
            Convention;
              (3) ``Commissioner'' means a United States
            Commissioner appointed under section 403 of this title;
              (4) ``Convention'' means the Convention for the
            Conservation of Salmon in the North Atlantic Ocean,
            signed at Reykjavik, Iceland, on March 2, 1982;
              (5) ``Council'' means the Council established by the
            Convention;
              (6) ``fishing'' has the same meaning as such term has
            in section 3(10) of the Act of 1976 (16 U.S.C.
            1802(10));
              (7) ``Organization'' means the North Atlantic Salmon
            Conservation Organization established under the
            Convention;
              (8) ``person'' has the same meaning as such term has
            in section 3(19) of the Act of 1976 (16 U.S.C.
            1802(19)); and
              (9) ``salmon'' means all species of salmon which
            migrate in or into the waters of the Atlantic Ocean
            north of 36 degrees north latitude.
        Sec. 303.\3\ (a) The United States shall be represented on
    the Council and Commissions by three United States
    Commissioners to be appointed by the President to serve at his
    pleasure. Of such Commissioners, one shall be an official of
    the United States Government, and two shall be individuals (not
    officials of the United States Government) who are
    knowledgeable or experienced concerning the conservation and
    management of salmon of United States origin.
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 3602.
    ---------------------------------------------------------------------------
        (b) The Secretary of State, in consultation with the
    Secretary of Commerce and the Secretary of the Interior, may
    designate alternate United States Commissioners. In the absence
    of a Commissioner appointed under subsection (a) of this
    section, an alternate Commissioner may exercise at any meeting
    of the Organization, the Council, or any Commission all
    functions of such Commissioner.
        (c) Individuals who serve as Commissioners and alternate
    Commissioners shall not receive any compensation for such
    service. Such individuals shall not \4\ be considered to be
    Federal employees while performing such service, except for
    purposes of injury compensation or tort claims liability as
    provided in chapter 81 of title 5, United States Code, and
    chapter 171 of title 28, United States Code.
    ---------------------------------------------------------------------------
        \4\ Sec. 102(1) of Public Law 98-44 (97 Stat. 216) added the word
    ``not''.
    ---------------------------------------------------------------------------
        (d) In carrying out their functions under the Convention,
    the Commissioners may consult with the appropriate Regional
    Fishery Management Councils established by section 302 of the
    Act of 1976 (16 U.S.C. 1852), and may consult with such other
    interested parties as they consider appropriate. The Federal
    Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not
    apply to consultations described in this subsection.
        Sec. 304.\5\ (a) The Secretary of State may--
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 3603.
    ---------------------------------------------------------------------------
              (1) receive, on behalf of the United States, reports,
            requests, recommendations, proposals, and other
            communications of the Organization and its subsidiary
            organs;
              (2) with the concurrence of the Secretary of Commerce
            and the Secretary of the Interior, approve, object to,
            or withdraw objections to regulatory measures proposed
            in accordance with the Convention; and
              (3) act upon, or refer to other appropriate
            authority, any communication referred to in paragraph
            (1) of this subsection other than a proposed regulatory
            measure.
        (b) If the concurrence required under subsection (a)(2) of
    this section has not been obtained by the Secretary of State--
              (1) regarding the approval of, or the objection to, a
            proposed regulatory measure within forty-five days
            after the measure was received on behalf of the United
            States; or
              (2) regarding the withdrawal of an objection of the
            United States to a proposed regulatory measure within
            forty-five days after such withdrawal is proposed by
            the Secretary of State;
    the Secretary of State shall submit the matter in disagreement,
    together with a statement of the opposing positions, to the
    President for timely disposition.
        Sec. 305.\6\ (a) The Secretary of Commerce, in cooperation
    with the Secretary of the Interior and the Secretary of the
    department in which the Coast Guard is operating, shall
    promulgate such regulations pursuant to section 553 of title 5,
    United States Code, as may be necessary to carry out the
    purposes and objectives of the Convention and this title, and
    to implement regulatory measures that are binding on the United
    States under the Convention. Any such regulation may be made
    applicable, as necessary, to all persons and all vessels
    subject to the jurisdiction of the United States, wherever
    located.
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 3604.
    ---------------------------------------------------------------------------
        (b) The Secretary of Commerce, in cooperation with the
    Secretary of the Interior, shall prepare all statements,
    reports, and notifications required by articles 14 and 15 of
    the Convention and submit such documents to the Secretary of
    State for transmission to the Organization.
        Sec. 306.\7\ (a) In carrying out the provisions of the
    Convention, the Secretary of Commerce, in consultation with the
    Secretary of the Interior, may arrange for the cooperation of
    agencies of the United States and the States, and of private
    institutions and organizations.
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 3605.
    ---------------------------------------------------------------------------
        (b) Appropriate agencies of the United States may cooperate
    in the conduct of scientific and other programs, and may
    furnish facilities and personnel, for the purposes of assisting
    the Organization in carrying out its duties under the
    Convention. Such agencies may accept reimbursement from the
    Organization for providing such services, facilities, and
    personnel.
        Sec. 307.\8\ (a) It is unlawful for any person, or any
    vessel, subject to the jurisdiction of the United States--
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 3606.
    ---------------------------------------------------------------------------
              (1) to conduct directed fishing for salmon in waters
            seaward of twelve miles from the baselines from which
            the breadths of territorial seas are measured, in
            waters of the Atlantic Ocean north of 36 degrees north
            latitude; or
              (2) to violate any provision of the Convention or
            this title, or of any regulation promulgated under this
            title.
        (b) Any person who commits any act that is unlawful under
    subsection (a) of this section shall--
              (1) be liable to the United States for a civil
            penalty under section 308 of the Act of 1976 (16 U.S.C.
            1858) to the same extent as if such act were an act
            prohibited under section 307 of the Act of 1976 (16
            U.S.C. 1857); and
              (2) be guilty of an offense under section 309 of the
            Act of 1976 (16 U.S.C. 1859) to the same extent as if
            such act were an act prohibited by section 307(1) (D),
            (E), (F), or (H) of the Act of 1976 (16 U.S.C. 1857(1)
            (D), (E), (F), or (H)).
        (c) \9\ Any vessel used, and any fish (or the fair market
    value thereof) taken or retained in any manner, in connection
    with or as the result of the commission of an act which is
    unlawful under subsection (a) of this section shall be subject
    to civil forfeiture under section 310 of the Act of 1976 (16
    U.S.C. 1860) to the same extent as if such vessel was used in,
    or such fish was taken or retained in connection with or as the
    result of, the commission of an act prohibited by section 307
    of the Act of 1976 (16 U.S.C. 1857).
    ---------------------------------------------------------------------------
        \9\ Sec. 102(2) of Public Law 98-44 (97 Stat. 216) amended and
    restated subsec. (c).
    ---------------------------------------------------------------------------
        Sec. 308.\10\ The Secretary of Commerce and the Secretary
    of the department in which the Coast Guard is operating shall
    enforce the provisions of this title and any regulation issued
    under this title. For purposes of such enforcement, such
    provisions and regulations shall be considered to be provisions
    of the Act of 1976 to which section 311 (a), (b), (c), and (d)
    of the Act of 1976 (16 U.S.C. 1861 (a), (b), (c), and (d),
    respectively) apply.
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 3607.
    ---------------------------------------------------------------------------
        Sec. 309.\11\ There are authorized to be appropriated from
    time to time such sums as may be necessary for carrying out the
    purposes and provisions of the Convention and this title,
    including--
    ---------------------------------------------------------------------------
        \11\ 16 U.S.C. 3608.
    ---------------------------------------------------------------------------
              (1) necessary travel expenses of the Commissioners
            and alternate Commissioners in accordance with the
            Federal Travel Regulation and sections 5701, 5702, 5704
            through 5708, and 5731 of title 5, United States Code;
            and
              (2) the United States contribution to the
            Organization as provided in Article 16 of the
            Convention, not to exceed $50,000 for fiscal year 1983,
            and not to exceed, for each succeeding fiscal year, the
            amount assessed by the Organization for the United
            States for such year.
              * * * * * * *
        13. Northern Boundary and Transboundary Rivers Restoration and
    Enhancement Fund and Southern Boundary Restoration and Enhancement Fund

     Partial text of H.R. 3421, as enacted into law by Sec. 1000(a)(1) of
    Public Law 106-113 [Consolidated Appropriations Act, 2000; H.R. 3194],
     113 Stat. 1501, approved November 29, 1999; as amended by Public Law
    106-553 [Federal Funding, Fiscal Year 2001; H.R. 4942], 114 Stat. 2762,
                           approved December 21, 2000

    A BILL Making appropriations for the Departments of Commerce, Justice,
      and State, the Judiciary, and related agencies for the fiscal year
               ending September 30, 2000, and for other purposes.

        Be it enacted by the Senate and the House of
    Representatives of the United States of America in Congress
    assembled, That the following sums are appropriated, out of any
    money in the Treasury not otherwise appropriated, for the
    fiscal year ending September 30, 2000, and for other purposes,
    namely:
              * * * * * * *
        Sec. 623.\1\ (a) Northern Fund and Southern Fund.--
              (1) As provided in the June 30, 1999, Agreement of
            the United States and Canada on the Treaty Between the
            Government of the United States and the Government of
            Canada Concerning Pacific Salmon, 1985 (hereafter
            referred to as the ``1999 Pacific Salmon Treaty
            Agreement'') there are hereby established a Northern
            Boundary and Transboundary Rivers Restoration and
            Enhancement Fund (hereafter referred to as the
            ``Northern Fund'') and a Southern Boundary Restoration
            and Enhancement Fund (hereafter referred to as the
            ``Southern Fund'') to be held by the Pacific Salmon
            Commission. The Northern Fund and Southern Fund shall
            be invested in interest bearing accounts, bonds,
            securities, or other investments in order to achieve
            the highest annual yield consistent with protecting the
            principal of each Fund.\2\ Income from investments made
            pursuant to this paragraph shall be available until
            expended, without appropriation or fiscal year
            limitation, for programs and activities relating to
            salmon restoration and enhancement, salmon research,
            the conservation of salmon habitat, and implementation
            of the Pacific Salmon Treaty and related agreements.
            Amounts provided by grants under this subsection may be
            held in interest bearing accounts prior to the
            disbursement of such funds for program purposes, and
            any interest earned may be retained for program
            purposes without further appropriation. The Northern
            Fund and Southern Fund are subject to the laws
            governing Federal appropriations and funds and to
            unrestricted circulars of the Office of Management and
            Budget. Recipients of amounts from either Fund shall
            keep separate accounts and such records as are
            reasonably necessary to disclose the use of the funds
            as well as to facilitate effective audits.
    ---------------------------------------------------------------------------
        \1\ 116 U.S.C. 3645.
        \2\ Sec. 628 of H.R. 5548, as enacted into law by Public Law 106-
    553 (114 Stat. 2762) struck out ``The Northern Fund and Southern Fund
    shall each receive $10,000,000 of the amounts authorized by this
    section.''.
    ---------------------------------------------------------------------------
              (2) Fund management.--
                      (A) As provided in the 1999 Pacific Salmon
                    Treaty Agreement, amounts made available from
                    the Northern Fund pursuant to paragraph (1)
                    shall be administered by a Northern Fund
                    Committee, which shall be comprised of three
                    representatives of the Government of Canada,
                    and three representatives of the United States.
                    The three United States representatives shall
                    be the United States Commissioner and Alternate
                    Commissioner appointed (or designated) from a
                    list submitted by the Governor of Alaska for
                    appointment to the Pacific Salmon Commission
                    and the Regional Administrator of the National
                    Marine Fisheries Service for the Alaska Region.
                    Only programs and activities consistent with
                    the purposes in paragraph (1) which affect the
                    geographic area from Cape Caution, Canada to
                    Cape Suckling, Alaska may be approved for
                    funding by the Northern Fund Committee.
                      (B) As provided in the 1999 Pacific Salmon
                    Treaty Agreement, amounts made available from
                    the Southern Fund pursuant to paragraph (1)
                    shall be administered by a Southern Fund
                    Committee, which shall be comprised of three
                    representatives of Canada and three
                    representatives of the United States. The
                    United States representatives shall be
                    appointed by the Secretary of Commerce: one
                    shall be selected from a list of three
                    qualified individuals submitted by the
                    Governors of the States of Washington and
                    Oregon; one shall be selected from a list of
                    three qualified individuals submitted by the
                    treaty Indian tribes (as defined by the
                    Secretary of Commerce); and one shall be the
                    Regional Administrator of the National Marine
                    Fisheries Service for the Northwest Region.
                    Only programs and activities consistent with
                    the purposes in paragraph (1) which affect the
                    geographic area south of Cape Caution, Canada
                    may be approved for funding by the Southern
                    Fund Committee.
        (b) Pacific Salmon Treaty Implementation.--(1) None of the
    funds authorized by this section for implementation of the 1999
    Pacific Salmon Treaty Agreement shall be made available until
    each of the following conditions to the 1999 Pacific Salmon
    Treaty Agreement has been fulfilled--
              (A) stipulations are revised and court orders
            requested as set forth in the letter of understanding
            of the United States negotiators dated June 22, 1999.
            If such orders are not requested by December 31, 1999,
            this condition shall be considered unfulfilled; and
              (B) a determination is made that--
                      (i) the entry by the United States into the
                    1999 Pacific Salmon Treaty Agreement;
                      (ii) the conduct of the Alaskan fisheries
                    pursuant to the 1999 Pacific Salmon Treaty
                    Agreement, without further clarification or
                    modification of the management regimes
                    contained therein; and
                      (iii) the decision by the North Pacific
                    Fisheries Management Council to continue to
                    defer its management authority over salmon to
                    the State of Alaska are not likely to cause
                    jeopardy to, or adversely modify designated
                    critical habitat of, any salmonid species
                    listed under Public Law 93-205, as amended, in
                    any fishery subject to the Pacific Salmon
                    Treaty.
        (2) If the requests for orders in subparagraph (1)(A) are
    withdrawn after December 31, 1999, or if such orders are not
    entered by March 1, 2000, amounts in the Northern Fund and the
    Southern Fund shall be transferred to the general fund of the
    United States Treasury.
        (3) During the term of the 1999 Pacific Salmon Treaty
    Agreement, the Secretary of Commerce shall determine whether
    Southern United States fisheries are likely to cause jeopardy
    to, or adversely modify designated critical habitat of, any
    salmonid species listed under Public Law 93-205, as amended,
    before the Secretary of Commerce may initiate or reinitiate
    consultation on Alaska fisheries under such Act.
        (4) During the term of the 1999 Pacific Salmon Treaty
    Agreement, the Secretary of Commerce may not initiate or
    reinitiate consultation on Alaska fisheries under section 7 of
    Public Law 93-205, as amended, until--
              (A) the Pacific Salmon Commission has had a
            reasonable opportunity to implement the provisions of
            the 1999 Pacific Salmon Treaty Agreement, including the
            harvest responses pursuant to paragraph 9, chapter 3 of
            Annex IV to the Pacific Salmon Treaty; and
              (B) he determines, in consultation with the United
            States Section of the Pacific Salmon Commission, that
            implementation actions under the 1999 Agreement will
            not return escapements as expeditiously as possible to
            maximum sustainable yield or other biologically-based
            escapement objectives agreed to by the Pacific Salmon
            Commission.
        (5) The Secretary of Commerce shall notify the Committee on
    Commerce, Science, and Transportation of the Senate and the
    Committee on Resources of the House of Representatives of his
    intent to initiate or reinitiate consultation on Alaska
    fisheries.
        (6)(A) For purposes of this section, ``Alaska fisheries''
    means all directed Pacific salmon fisheries off the coast of
    Alaska that are subject to the Pacific Salmon Treaty.
        (B) For purposes of this section, ``Southern United States
    fisheries'' means all directed Pacific salmon fisheries in
    Washington, Oregon, and the Snake River basin of Idaho that are
    subject to the Pacific Salmon Treaty.
        (c) Improved Salmon Management. * * * \3\
    ---------------------------------------------------------------------------
        \3\ Subsec. (c) amends the Pacific Salmon Treaty Act of 1985
    (Public Law 99-5).
    ---------------------------------------------------------------------------
        (d)(1) \4\ Pacific salmon treaty.--
    ---------------------------------------------------------------------------
        \4\ Sec. 628 of H.R. 5548, as enacted into law by Public Law 106-
    553 (114 Stat. 2762), struck out subsec. (d) and inserted in lieu
    thereof a new subsec. (d). Subsec. (d) previously provided the
    authorization for appropriations for fiscal year 2000.
    ---------------------------------------------------------------------------
              (A) For capitalizing the Northern Fund there is
            authorized to be appropriated in fiscal years 2000,
            2001, 2002, and 2003 a total of $75,000,000.
              (B) For capitalizing the Southern Fund there is
            authorized to be appropriated in fiscal years 2000,
            2001, 2002, and 2003 a total of $65,000,000.
              (C) To provide economic adjustment assistance to
            fishermen pursuant to the 1999 Pacific Salmon Treaty
            Agreement, there is authorized to be appropriated in
            fiscal years 2000, 2001, and 2002 a total of
            $30,000,000.
        (2) Pacific coastal salmon recovery.--
              (A) For salmon habitat restoration, salmon stock
            enhancement, and salmon research, including the
            construction of salmon research and related facilities,
            there is authorized to be appropriated for each of
            fiscal years 2000, 2001, 2002, and 2003, $90,000,000 to
            the States of Alaska, Washington, Oregon, and
            California. Amounts appropriated pursuant to this
            subparagraph shall be made available as direct
            payments. The State of Alaska may allocate a portion of
            any funds it receives under this subsection to eligible
            activities outside Alaska.
              (B) For salmon habitat restoration, salmon stock
            enhancement, salmon research, and supplementation
            activities, there is authorized to be appropriated in
            each of fiscal years 2000, 2001, 2002, and 2003,
            $10,000,000 to be divided between the Pacific Coastal
            tribes (as defined by the Secretary of Commerce) and
            the Columbia River tribes (as defined by the Secretary
            of Commerce).
              * * * * * * *
        14. Antarctic Marine Living Resources Convention Act of 1984 \1\

      Title III of Public Law 98-623 [H.R. 6342], 98 Stat. 3394 at 3398,
                           approved November 8, 1984

       AN ACT To approve governing international fishery agreements with
      Iceland and the EEC; to establish national standards for artificial
      reefs; to implement the Convention on the Conservation of Antarctic
                Marine Living Resources; and for other purposes.

        Be it enacted by the Senate and the House of
    Representatives of the United States of America in Congress
    assembled,
              * * * * * * *
    ---------------------------------------------------------------------------
        \1\ See also legislation relating to Antarctica and environment,
    beginning at page 626.
    ---------------------------------------------------------------------------

            TITLE III--ANTARCTIC MARINE LIVING RESOURCES CONVENTION

    SEC. 301.\2\ SHORT TITLE.

        This title may be cited as the ``Antarctic Marine Living
    Resources Convention Act of 1984''.
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 2431 note.
    ---------------------------------------------------------------------------

    SEC. 302.\3\ FINDINGS AND PURPOSE.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C 2431.
    ---------------------------------------------------------------------------
              (1) the Convention of the Conservation of Antarctic
            Marine Living Resources establishes international
            mechanisms and creates legal obligations necessary for
            the protection and conservation of Antarctic marine
            living resources;
              (2) the Convention incorporates an innovative
            ecosystem approach to the management of Antarctic
            marine living resources, including standards designed
            to ensure the health of the individual populations and
            species and to maintain the health of the Antarctic
            marine ecosystem as a whole;
              (3) the Convention serves important United States
            environmental and resource management interests;
              (4) the Convention represents an important
            contribution to United States long term legal and
            political objectives of maintenance of Antarctica as an
            area of peaceful international cooperation;
              (5) United States basic and directed research
            programs concerning the marine living resources of the
            Antarctic are essential to achieve the United States
            goal of effective implementation of the objectives of
            the Convention; and
              (6) the United States has important security,
            economic, and environmental interest in developing and
            maintaining a fleet of ice-breaking vessels capable of
            operating effectively in the heavy ice regions of
            Antarctica.
              (b) Purpose.--The purpose of this title is to provide
            the legislative authority necessary to implement, with
            respect to the United States, the Convention on the
            Conservation of Antarctic Marine Living Resources.

    SEC. 303.\4\ DEFINITIONS.

        For purposes of this title--
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 2432.
    ---------------------------------------------------------------------------
              (1) Antarctic convergence.--The term ``Antarctic
            Convergence'' means a line joining the following points
            along the parallels of latitude and meridians of
            longitude: 50 degrees south, 0 degrees; 50 degrees
            south, 30 degrees east; 45 degrees south, 30 degrees
            east; 45 degrees south, 80 degrees east; 55 degrees
            south, 80 degrees east; 55 degrees south, 150 degrees
            east; 60 degrees south, 150 degrees east; 60 degrees
            south; 50 degrees west; 50 degrees south, 50 degrees
            west; and 50 degrees south, 0 degrees.
              (2) Antarctic marine living resources.--The term
            ``Antarctic marine living resources'' means the
            population of finfish, molluscs, crustaceans and all
            other species of living organisms, including birds,
            found south of the Antarctic Convergence.
              (3) Commission.--The term ``Commission'' means the
            Commission for the Conservation of Antarctic Marine
            Living Resources established pursuant to article VII of
            the Convention.
              (4) Convention.--The term ``Convention'' means the
            Convention on the Conservation of Antarctic Marine
            Living Resources, done at Canberra, Australia, May 7,
            1980, and entered into forces with respect to the
            United States on April 7, 1982.
              (5) Harvesting or other associated activities.--The
            terms ``harvesting'' and ``harvesting or other
            associated activities'' mean--
                      (A) the harassing, molesting, harming,
                    pursuing, hunting, shooting, wounding, killing,
                    trapping, or capturing of Antarctic marine
                    living resources;
                      (B) attempting to engage in any activity set
                    forth in subparagraph (A);
                      (C) any other activity which can reasonably
                    be expected to result in any activity described
                    in subparagraph (A); and
                      (D) any operations at sea in support of, or
                    in preparation for, any activity described in
                    subparagraphs (A) through (C).
              (6) Harvest.--The term ``harvest'' means to engage in
            harvesting or other associated activities.
              (7) Import.--The term ``import'' means to land on,
            bring into, or introduce into, or attempt to land on,
            bring into, or introduce into, any place subject to the
            jurisdiction of the United States, whether or not such
            landing constitutes an importation within the meaning
            of the customs laws of the United States.
              (8) Person.--The term ``person'' means an individual,
            partnership, corporation, trust, association, and any
            other entity subject to the jurisdiction of the United
            States.
              (9) Scientific committee.--The term ``Scientific
            Committee'' means the Scientific Committee for the
            Conservation of Antarctic Marine Living Resources
            established pursuant to article IV of the Convention.
              (10) Vessel of the united states.--The term ``vessel
            of the United States'' means--
                      (A) a vessel documented under chapter 121 of
                    title 46, United States Code, or a vessel
                    numbered as provided in chapter 123 of that
                    title:
                      (B) a vessel owned in whole or in part by--
                              (i) the United States or a territory,
                            commonwealth, or possession of the
                            United States;
                              (ii) a State or political subdivision
                            thereof;
                              (iii) a citizen or national of the
                            United States; or
                              (iv) a corporation created under the
                            laws of the United States or any state,
                            the District of Columbia, or any
                            territory, commonwealth, or possession
                            of the United States;
                    unless the vessel has been granted the
                    nationality of a foreign nation in accordance
                    with Article 5 of the 1958 Convention on the
                    High Seas; and
                      (C) a vessel that was once documented under
                    the laws of the United States and, in violation
                    of the laws of the United States, was either
                    sold to a person not a citizen of the United
                    States or placed under foreign registry or a
                    foreign flag, whether or not the vessel has
                    been granted the nationality of a foreign
                    nation in accordance with Article 5 of the 1958
                    Convention on the High Seas.
              (11) Vessel subject to the jurisdiction of the united
            states.--The term ``vessel subject to the jurisdiction
            of the United States'' includes a vessel without
            nationality or a vessel assimilated to a vessel without
            nationality, in accordance with paragraph (2) of
            Article 6 of the 1958 Convention on the High Seas.

    SEC. 304.\5\ REPRESENTATIVES.

        (a) Representative to the Commission.--The Secretary of
    State, with the concurrence of the Secretary of Commerce and
    the Director of the National Science Foundation, shall appoint
    an officer or employee of the United States as the United
    States representative to the Commission.
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 2433.
    ---------------------------------------------------------------------------
        (b) Representative to the Scientific Committee.--The
    Secretary of Commerce and the Director of the National Science
    Foundation, with the concurrence of the Secretary of State,
    shall designate the United States representative to the
    Scientific Committee.
        (c) Compensation.--The United States representatives to the
    Commission and the Scientific Committee shall receive no
    additional compensation by reason of their services as such
    representatives.

    SEC. 305.\6\ CONSERVATION MEASURES; SYSTEM OF OBSERVATION AND
                        INSPECTION.

        (a) Conservation Measures.--(1) The Secretary of State,
    with the concurrence of the Secretary of Commerce and the
    Director of the National Science Foundation, is authorized--
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 2434.
    ---------------------------------------------------------------------------
              (A) to decide on behalf of the United States whether
            the United States is unable to accept or can no longer
            accept a conservation measure adopted by Commission
            pursuant to Article IX of the Convention, and
              (B) to notify the Commission of any such decision in
            accordance with Article IX of the Convention.
        (2) The Secretary of State shall--
              (A) publish in the Federal Register, if practicable,
            timely notice of each proposed decision under paragraph
            (1) and invite written public comment regarding it; and
              (B) publish in the Federal Register notice of each
            notification made to the Commission under paragraph
            (1).
        (b) System of Observation and Inspection.--The Secretary of
    State, with the concurrence of the Secretary of Commerce, the
    Director of the National Science Foundation and the Secretary
    of the department in which the Coast Guard is operating, is
    authorized to agree on behalf of the United States to the
    establishment of a system of observation and inspection, and to
    interim arrangements pending establishment of such a system,
    pursuant to Article XXIV of the Convention.
        (c) Communications from the Commission.--The Secretary of
    State is further authorized to receive, on behalf of the United
    States Government, reports, requests, and other communications
    from the Commission and to take appropriate action on them,
    either directly or by reference to the appropriate authority.

    SEC. 306.\7\ UNLAWFUL ACTIVITIES.

        It is unlawful for any person--
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 2435.
    ---------------------------------------------------------------------------
              (1) to engage in harvesting or other associated
            activities in violation of the provisions of the
            Convention or in violation of a conservation measure in
            force with respect to the United States pursuant to
            Article IX of the Convention;
              (2) to violate any regulation promulgated under this
            title;
              (3) to ship, transport, offer for sale, sell,
            purchase, import, export, or have custody, control or
            possession of, any Antarctic marine living resource (or
            part or product thereof) which he knows, or reasonably
            should have known, was harvested in violation of a
            conservation measure in force with respect to the
            United States pursuant to Article IX of the Convention
            or in violation of any regulation promulgated under
            this title, without regard to the citizenship of the
            person that harvested, or vessel that was used in the
            harvesting of, the Antarctic marine living resource (or
            part or product thereof);
              (4) to refuse to permit any authorized officer or
            employee of the United States to board a vessel of the
            United States or a vessel subject to the jurisdiction
            of the United States for purposes of conducting any
            search or inspection in connection with the enforcement
            of the Convention, this title, or any regulations
            promulgated under this title;
              (5) to assault, resist, oppose, impede, intimidate,
            or interfere with any authorized officer or employee of
            the United States in the conduct of any search or
            inspection described in paragraph (4);
              (6) to resist a lawful arrest or detention for any
            act prohibited by this section; or
              (7) to interfere with, delay, or prevent by any
            means, the apprehension, arrest, or detention of
            another person, knowing that such other person has
            committed any act prohibited by this section.

    SEC. 307.\8\ REGULATIONS.

        The Secretary of Commerce, after consultation with the
    Secretary of State, the Secretary of the department in which
    the Coast Guard is operating, and the heads of other
    appropriate departments or agencies of the United States, shall
    promulgate such regulations as are necessary and appropriate to
    implement the provisions of this title.
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 2436.
    ---------------------------------------------------------------------------

    SEC. 308.\9\ CIVIL PENALTIES.

        (a) Assessment of penalties.--(1) Any person who is found
    by the Secretary of Commerce, after notice and opportunity for
    a hearing in accordance with subsection (b), to have committed
    any act prohibited by section 306 shall be liable to the United
    States for a civil penalty. The amount of the civil penalty
    shall not exceed $5,000 for each violation unless the
    prohibited act was knowingly committed, in which case the
    amount of the civil penalty shall not exceed $10,000 for each
    violation. Each day of a continuing violation shall constitute
    a separate violation for purposes of this subsection. The
    amount of any civil penalty shall be assessed by the Secretary
    of Commerce by written notice. In determining the amount of
    such penalty, the Secretary of Commerce shall take into account
    the nature, circumstances, extent, and gravity of the
    prohibited acts committed, and, with respect to the person
    committing the violation, the degree of culpability, and
    history of prior offenses, ability to pay, and such other
    matters as justice may require, to the extent that such
    information is reasonably available to the Secretary.
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 2437.
    ---------------------------------------------------------------------------
        (2) The Secretary of Commerce may compromise, modify, or
    remit, with or without conditions, any civil penalty which is
    subject to imposition or which has been imposed under this
    section, until such time as the matter is referred to the
    Attorney General under subsection (c) of this section.
        (b) Hearings.--Hearings for the assessment of civilian
    penalties under subsection (a) shall be conducted in accordance
    with section 554 of title 5, United States Code. For the
    purposes of conducting any such hearing, the Secretary of
    Commerce may issue subpoenas for the attendance and testimony
    of witnesses and the production of relevant papers, books, and
    documents, and may administer oaths. Witnesses summoned shall
    be paid the same fees and mileage that are paid to witnesses in
    the courts of the United States. In case of contumacy or
    refusal to obey a subpoena served upon any person pursuant to
    this subsection, the district court of the United States for
    any district in which such person is found, resides, or
    transacts business, upon application by the Attorney General of
    the United States and after notice to such person, shall have
    jurisdiction to issue an order requiring such person to appear
    and give testimony before the Secretary of Commerce or to
    appear and produce documents before the Secretary of Commerce,
    or both, and any failure to obey such order of the court may be
    punished by such court as a contempt thereof.
        (c) Review of Civil Penalty.--Any person against whom a
    civil penalty is assessed under subsection (a) of this section
    may obtain review thereof in the appropriate district court of
    the United States by filing a notice of appeal in such court
    within 30 days from the date of such order and by
    simultaneously sending a copy of such notice by certified mail
    to the Secretary of Commerce, the Attorney General, and the
    appropriate United States Attorney. The Secretary of Commerce
    shall promptly refer the matter to the Attorney General of the
    United States, who shall file in such court a certified copy of
    the record upon which the violation was found or such penalty
    imposed, as provided in section 2112 of title 28, United States
    Code. The court shall set aside the findings and order of the
    Secretary if the findings and order are found to be unsupported
    by substantial evidence, as provided in section 706(2)(E) of
    title 5, United States Code.
        (d) Recovery of Civil Penalties.--The Attorney General of
    the United States may seek to recover in any appropriate
    district court of the United States (1) any civil penalty
    imposed under this section that has become a final and
    unappealable order and has been referred to the Attorney
    General by the Secretary of Commerce or (2) any final judgment
    rendered under this section in favor of the United States by an
    appropriate court.
        (e) Penalties Under Other Laws.--The assessment of a civil
    penalty under subsection (a) for any act shall not be deemed to
    preclude the assessment of a civil penalty for such act under
    any other law.

    SEC. 309.\10\ CRIMINAL OFFENSES.

        (a) Offenses.--A person is guilty of an offense if that
    person commits any act prohibited by paragraph (4), (5), (6),
    or (7) of section 306.
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 2438.
    ---------------------------------------------------------------------------
        (b) Punishment.--Any offense described in subsection (a) is
    punishable by a fine of $50,000 or imprisonment for not more
    than ten years, or both.
        (c) Offenses Under Other Laws.--A conviction under
    subsection (a) for any act shall not be deemed to preclude a
    conviction for such act under any other law.

    SEC. 310.\11\ ENFORCEMENT.

        (a) Responsibility.--The provisions of this title shall be
    enforced by the Secretary of Commerce and the Secretary of the
    department in which the Coast Guard is operating. Such
    Secretaries may utilize by agreement, on a reimbursable basis
    or otherwise, the personnel, services, and facilities of any
    other department or agency of the United States in the
    performance of such duties.
    ---------------------------------------------------------------------------
        \11\ 16 U.S.C. 2439.
    ---------------------------------------------------------------------------
        (b) Powers of Authorized Officers and Employees.--Any
    officer or employee of the United States who is authorized (by
    the Secretary of Commerce, the Secretary of the department in
    which the Coast Guard is operating, or the head of any
    department or agency of the United States which has entered
    into an agreement with either Secretary under subsection (a))
    to enforce the provisions of this title and of any regulation
    promulgated under this title may, in enforcing such
    provisions--
              (1) secure, execute, and serve and order, warrant,
            subpoena, or other process, which is issued under the
            authority of the United States;
              (2) search without warrant any person, place, vehicle
            or aircraft subject to the jurisdiction of the United
            States where there are reasonable grounds to believe
            that a person has committed or is attempting to commit
            an act prohibited by section 306;
              (3) with or without a warrant board and search or
            inspect any vessel of the United States or vessel
            subject to the jurisdiction of the United States;
              (4) seize without warrant--
                      (A) any evidentiary item where there are
                    reasonable grounds to believe that a person has
                    committed or is attempting to commit an act
                    prohibited by section 306;
                      (B) any Antarctic marine living resources (or
                    part or product thereof) with respect to which
                    such an act is committed,
                      (C) any vessel of the United States
                    (including its gear, furniture, appurtenances,
                    stores, and cargo), any vessel subject to the
                    jurisdiction of the United States (including
                    its gear, furniture, appurtenances, stores, and
                    cargo), and any vehicle, aircraft, or other
                    means of transportation subject to the
                    jurisdiction of the United States used in
                    connection with such an act, and
                      (D) any guns, traps, nets, or equipment used
                    in connection with such an act;
              (5) offer and pay rewards for services or information
            which may lead to the apprehension of persons violating
            such provisions;
              (6) make inquiries, and administer to, or take from,
            any person an oath, affirmation, or affidavit,
            concerning any matter which is related to the
            enforcement of such provisions;
              (7) in coordination with the Secretary of the
            Treasury, detain for inspection and inspect any
            package, crate, or other container, including its
            contents, and all accompanying documents, upon
            importation into, or exportation from, the United
            States;
              (8) make an arrest with or without a warrant with
            respect to any act prohibited by paragraph (4), (5),
            (6), or (7) of section 306 if such officer or employee
            has reasonable grounds to believe that the person to be
            arrested is committing such act in his or her presence
            or view or has committed such act;
              (9) exercise enforcement powers conferred on such
            officer or employee under a system of observation and
            inspection, or interim arrangements pending the
            establishment of such system, which the Secretary of
            State has agreed to on behalf of the United States
            pursuant to section 305(b); and
              (10) exercise any other authority which such officer
            or employee is permitted by law to exercise.
        (c) Seizure.--Subject to the succeeding provision of this
    subsection, any property or item seized pursuant to subsection
    (b) shall be held by any officer or employee of the United
    States, who is authorized by the Secretary of Commerce or the
    Secretary of the department in which the Coast Guard is
    operating, pending the disposition of civil or criminal
    proceedings concerning the violation relating to the property
    or item, or the institution of an action in rem for the
    forfeiture of such property or item. Such authorized officer or
    employee may, upon the order of a court of competent
    jurisdiction, either release such seized property or item to
    the world or destroy such property or item, when the cost of
    maintenance of the property or item pending the disposition of
    the case is greater than the legitimate market value of the
    property or item. Such authorized officer or employee and all
    officers or employees acting by or under his or her direction
    shall be indemnified from any penalties or actions for damages
    for so releasing or destroying such property or item. Such
    authorized officer or employee may, in lieu of holding such
    property or item, permit the owner or consignee thereof to post
    a bond or other satisfactory surety.
        (d) Forfeiture.--(1) Any Antarctic marine living resources
    (or part or product thereof) with respect to which an act
    prohibited by section 306 is committed, any vessel of the
    United States (including its gear, furniture, appurtenances,
    stores, and cargo), vessel subject to the jurisdiction of the
    United States (including its gear, furniture, appurtenances,
    stores, and cargo), or vessel, vehicle, or aircraft or other
    means of transportation subject to the jurisdiction of the
    United States, which is used in connection with an act
    prohibited by section 306, and all guns, traps, nets, and other
    equipment used in connection with such act, shall be subject to
    forfeiture to the United States.
        (2) Upon the forfeiture to the United States of any
    property or item described in paragraph (1), or upon the
    abandonment or waiver of any claim to any such property or
    item, it shall be disposed by the Secretary of Commerce, or the
    Secretary of the department in which the Coast Guard is
    operating, as the case may be, in such a manner, consistent
    with the purposes of this title, as may be prescribed by
    regulations.
        (e) Application of Customs Laws.--All provisions of law
    relating to the seizure, forfeiture, and condemnation of
    property (including vessels) for violation of the customs laws,
    the disposition of such property of the proceeds from the sale
    thereof, and the remission or mitigation of such forfeiture,
    shall apply to the seizures and forfeitures incurred, or
    alleged to have been incurred, and the compromise of claims,
    under the provisions of this title, insofar as such provisions
    of law are applicable and not inconsistent with the provisions
    of this title; except that all powers, rights, and duties
    conferred or imposed by the customs law upon any officer or
    employee of the Customs Service may, for the purposes of this
    title, also be exercised or performed by the Secretary of
    Commerce or the Secretary of the department in which the Coast
    Guard is operating, or by such officers or employees of the
    United States as each Secretary may designate.

    SEC. 311.\12\ JURISDICTION OF COURTS.

        The district courts of the United States shall have
    exclusive jurisdiction over any case or controversy arising
    under the provisions of this title or of any regulation
    promulgated under this title.
    ---------------------------------------------------------------------------
        \12\ 16 U.S.C. 2440.
    ---------------------------------------------------------------------------

    SEC. 312.\13\ FEDERAL AGENCY COOPERATION.

        (a) Responsibilities.--(1) For the purpose of carrying out
    the policies and objectives of the Convention or to implement
    any decision of the Commission--
    ---------------------------------------------------------------------------
        \13\ 16 U.S.C. 2441.
    ---------------------------------------------------------------------------
              (A) the Director of the National Science Foundation,
            in consultation with the Secretary of State and the
            heads of other appropriate departments and agencies of
            the United States, shall continue to support basic
            research investigations of the Antarctic marine
            ecosystem as a part of the United States Antarctic
            Program;
              (B) the Secretary of Commerce, in consultation with
            the Director of the National Science Foundation, the
            Secretary of State and the heads of other appropriate
            Federal agencies, shall design and conduct the program
            of directed scientific research as set forth in
            paragraph 2 supplemental to and coordinated with the
            United States Antarctic Program; and
              (C) the Secretary of Commerce and the Director of the
            National Science Foundation, in consultation with the
            Secretary of State, may furnish facilities and
            personnel to the Commission in order to assist the
            Commission in carrying out its functions.
        (2)(A) The Secretary of Commerce, in consultation with the
    Secretary of State, the Director of the National Science
    Foundation, and other appropriate Federal officials, shall
    prepare a plan, which shall be updated annually, for conducting
    the directed research program required under paragraph (1)(B)
    for each period of three consecutive fiscal years occurring
    during the period beginning on October 1, 1985, and ending on
    September 30, 1991. The Plan shall--
              (i) describe priority directed research needs for the
            implementation of the Convention;
              (ii) identify which of those needs are to be
            fulfilled by the United States; and
              (iii) specify the design of the research referred to
            in paragraph (1)(B) and the funds, personnel, and
            facilities required for the research, including, in
            particular, the need for and cost of enhanced ship
            capacity.
        (B) In preparing the plan referred to in subparagraph (A),
    the Secretary of Commerce shall take into account, in addition
    to any other matters the Secretary considers appropriate, the
    possibilities of securing productive results, the minimization
    of duplication, and the methods for monitoring and evaluating a
    project.
        (C) The Secretary of Commerce shall submit to the Congress
    each year the plan required under subparagraph (A). That part
    of the plan covering fiscal years 1986 through 1988 shall be
    submitted not later than October 1, 1985. That part of the plan
    covering each 3-fiscal-year period thereafter shall be
    submitted not later than the February 1 occurring before the
    beginning of the first fiscal year covered by that part of the
    plan.
        (b) Consultation with Other Agencies.--In carrying out
    their functions under this section, the Secretary of State, the
    Secretary of Commerce, and the Director of the National Science
    Foundation shall consult, as appropriate, with the Marine
    Mammal Commission and with other departments and agencies of
    the United States.
        (c) Icebreaking.--The Department of Transportation shall
    facilitate planning for the design, procurement, maintenance,
    deployment, and operation of icebreakers needed to provide a
    platform for Antarctic research. All funds necessary to support
    icebreaking operations, except for recurring incremental costs
    associated with specific projects, shall be allocated to the
    United States Coast Guard.

    SEC. 313.\14\ RELATIONSHIP TO EXISTING TREATIES AND STATUTES.

        (a) In General.--Nothing in this Act shall be construed as
    contravening or superseding (1) the provisions of any
    international treaty, convention, or agreement, if such treaty,
    convention or agreement is in force with respect to the United
    States on the date of the enactment of this title, or (2) the
    provisions of any statute which implements any such treaty,
    convention, or agreement. Nothing in this title shall be
    construed as contravening or superseding the provisions of any
    statute enacted before the date of the enactment of this title
    which may otherwise apply to Antarctic marine living resources.
    ---------------------------------------------------------------------------
        \14\ 16 U.S.C. 2442.
    ---------------------------------------------------------------------------
        (b) Application of More Restrictive Provisions.--Nothing in
    this section shall be construed to prevent the application of
    provisions of the Convention, conservation measures adopted by
    the Commission pursuant to article IX of the Convention, or
    regulations promulgated under this title, which are more
    restrictive than the provisions of, measures adopted under, or
    regulations promulgated under, the treaties or statutes
    described in subsection (a).

    SEC. 314.\15\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated, out of any moneys
    in the Treasury not otherwise appropriated, such sums as may be
    necessary for carrying out the provisions of this title,
    including, but not limited to--
    ---------------------------------------------------------------------------
        \15\ 16 U.S.C. 2443.
    ---------------------------------------------------------------------------
              (1) necessary travel expenses of the United States
            representatives referred to in section 304, alternate
            United States representatives, and authorized advisers
            and experts, in accordance with sections 5701 through
            5708, 5731, and 5733 of title 5 United States Code, and
            the regulations issued under those sections;
              (2) The United States contribution to the budget of
            the Commission as provided in article XIX of the
            Convention; and
              (3) the directed research program and the furnishing
            of facilities and personnel to the Commission referred
            to in section 312.

    SEC. 315.\16\ SEVERABILITY.

        If any provision of this title or the application of this
    title to any person or circumstance is held invalid, neither
    the remainder of this title nor the application of that
    provision to other persons or circumstances shall be affected
    thereby.
    ---------------------------------------------------------------------------
        \16\ 16 U.S.C. 2444.
                      15. American Fisheries Promotion Act

      Partial text of Public Law 96-561 [S. 2163], 94 Stat. 3275 at 3287,
                           approved December 22, 1980

     AN ACT To provide for the conservation and enhancement of the salmon
    and steelhead resources of the United States, assistance to treaty and
        nontreaty harvesters of those resources, and for other purposes.

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

                   TITLE II--PROMOTION OF AMERICAN FISHERIES

    SEC. 201.\1\ SHORT TITLE

        This title may be cited as the ``American Fisheries
    Promotion Act''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1801 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 211.\2\ UNITED STATES FISHERY TRADE OFFICERS.

        (a) Appointment.--For purposes of carrying out export
    promotion and other fishery development responsibilities, the
    Secretary of Commerce (hereinafter in this section referred to
    as the ``Secretary'') shall appoint not fewer than six officers
    who shall serve aboard to promote United States fishing
    interests. These officers shall be knowledgeable about the
    United States fishing industry, preferably with experience
    derived from the harvesting, processing, or marketing sectors
    of the industry or from the administration of fisheries
    programs. Such officers, who shall be employees of the
    Department of Commerce, shall have the designation of fishery
    trade officers.
    ---------------------------------------------------------------------------
        \2\ 15 U.S.C. 1511b.
    ---------------------------------------------------------------------------
        (b) Assignment.--Upon the request of the Secretary, the
    Secretary of State shall officially assign fishery trade
    officers to such diplomatic missions of the United States as
    the Secretary designates (three of which shall be those in
    Brussels, Belgium; Rome, Italy; and Tokyo, Japan) and shall
    obtain for them diplomatic privileges and immunities equivalent
    to those enjoyed by foreign service personnel of comparable
    rank and salary.
        (c) Functions of Fishery Trade Officers.--The functions of
    fishery trade officers appointed under subsection (a) shall
    be--
              (1) to increase the effectiveness of United States
            fishery export promotion efforts through such
            activities as the coordination of market development
            efforts and the provision of services and facilities
            for exporters of United States fishery products;
              (2) to develop, maintain, and make available to
            interested persons listings of (A) trade, government,
            and other organizations that are concerned with, or
            have an interest in, international trade in United
            States fishery products, and (B) United States fishery
            products available for such trade;
              (3) to prepare quarterly reports regarding (A) the
            supply, demand, and prices of each United States
            fishery product exported, or for which there may be
            export potential, to the foreign nation or area
            concerned, and (B) the trade barriers or incentives of
            such nation or area that affect imports of such
            products;
              (4) to prepare weekly statements regarding the prices
            for each fishery product for which there may be United
            States export potential to the foreign nation or area
            concerned; and
              (5) to carry out such other functions as the
            Secretary may require.
        (d) Administration.--The Secretary of State and the
    Secretary shall enter into cooperative arrangements concerning
    the provision of office space, equipment, facilities, clerical
    services, and such other administrative support as may be
    required for fishery trade officers and their families.
              * * * * * * *
                 16. Endangered Species Act of 1973, as amended

      Partial text of Public Law 93-205 [S. 1983], 87 Stat. 884, approved
     December 28, 1973; as amended by Public Law 94-359 [S. 229], 90 Stat.
    911, approved July 12, 1976; Public Law 95-632 [Endangered Species Act
      Amendments of 1978; S. 2899], 92 Stat. 3751, approved November 10,
    1978; Public Law 96-159 [S. 1143], 93 Stat. 1225, approved December 28,
      1979; Public Law 97-304 [Endangered Species Act Amendments of 1982;
    H.R. 6133], 96 Stat. 1411, approved October 13, 1982; Public Law 99-659
     [S. 991], 100 Stat. 3706, approved November 14, 1986; Public Law 100-
     478 [H.R. 1467], 102 Stat. 2306, approved October 7, 1988; and Public
      Law 100-653 [H.R. 4030], 102 Stat. 3825, approved November 14, 1988

      AN ACT To provide for the conservation of endangered and threatened
         species of fish, wildlife, and plants, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Endangered Species Act of 1973''.\1\
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 1531 note. Sec. 301 of Public Law 102-251 extensively
    amended the Magnuson-Stevens Fishery Conservation and Management Act
    (Public Law 94-265; 16 U.S.C. 1801 et seq.), including providing a new
    definition of ``special areas'' in sec. 3(24), redesignated as sec.
    3(36) by sec. 405(a) of Public Law 104-297, as follows:
        ``The term `special areas' means the areas referred to as eastern
    special areas in Article 3(1) of the Agreement between the United
    States of American and the Union of Soviet Socialist Republics on the
    Maritime Boundary, signed June 1, 1990; in particular, the term refers
    to those areas east of the maritime boundary, as defined in that
    Agreement, that lie within 200 nautical miles of the baselines from
    which the breadth of the territorial sea of Russia is measured but
    beyond 200 nautical miles of the baselines from which the breadth of
    the territorial sea of the United States is measured.''.
        Sec. 305 of Public Law 102-251 (106 Stat. 66) further provided that
    ``The special areas defined in section 3(24) of the Magnuson-Stevens
    Fishery Conservation and Management Act (16 U.S.C. 1802(24)), shall be
    considered places that are subject to the jurisdiction of the United
    States for the purposes of the Endangered Species Act of 1973 (16
    U.S.C. 1531 et seq.).''.
        \2\ Sec. 6 of Public Law 96-159 (93 Stat. 1228) added sec. 8A.
    ---------------------------------------------------------------------------

                               table of contents

    Sec. 2. Findings, purposes, and policy.
    Sec. 3. Definitions.
    Sec. 4. Determination of endangered species and threatened species.
    Sec. 5. Land acquisition.
    Sec. 6. Cooperation with the States.
    Sec. 7. Interagency cooperation.
    Sec. 8. International cooperation.
    Sec. 8A.\2\ Convention implementation.
    Sec. 9. Prohibited acts.
    Sec. 10. Exceptions.
    Sec. 11. Penalties and enforcement.
    Sec. 12. Endangered plants.
    Sec. 13. Conforming amendments.
    Sec. 14. Repealer.
    Sec. 15. Authorization of appropriations.
    Sec. 16. Effective date.
    Sec. 17. Marine Mammal Protection Act of 1972.

                         findings, purposes, and policy

        Sec. 2.\3\ (a) Findings.--The Congress finds and declares
    that--
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 1531.
    ---------------------------------------------------------------------------
              (1) various species of fish, wildlife, and plants in
            the United States have been rendered extinct as a
            consequence of economic growth and development
            untempered by adequate concern and conservation;
              (2) other species of fish, wildlife, and plants have
            been so depleted in numbers that they are in danger of
            or threatened with extinction;
              (3) these species of fish, wildlife, and plants are
            of esthetic, ecological, educational, historical,
            recreational, and scientific value to the Nation and
            its people;
              (4) the United States has pledged itself as a
            sovereign state in the international community to
            conserve to the extent practicable the various species
            of fish or wildlife and plants facing extinction,
            pursuant to--
                      (A) migratory bird treaties with Canada and
                    Mexico;
                      (B) the Migratory and Endangered Bird Treaty
                    with Japan;
                      (C) the Convention on Nature Protection and
                    Wildlife Preservation in the Western
                    Hemisphere;
                      (D) the International Convention for the
                    Northwest Atlantic Fisheries;
                      (E) the International Convention for the High
                    Seas Fisheries of the North Pacific Oceans;
                      (F) the Convention on International Trade in
                    Endangered Species of Wild Fauna and Flora; and
                      (G) other international agreements; and \4\
    ---------------------------------------------------------------------------
        \4\ Sec. 1013(a) of Public Law 100-478 (102 Stat. 2315) struck out
    the period following ``agreements'' and inserted in lieu thereof ``;
    and''.
    ---------------------------------------------------------------------------
              (5) encouraging the States and other interested
            parties, through Federal financial assistance and a
            system of incentives, to develop and maintain
            conservation programs which meet national and
            international standards is a key to meeting the
            Nation's international commitments and to better
            safeguarding, for the benefit of all citizens, the
            Nation's heritage in fish and wildlife.
        (b) Purposes.--The purposes of this Act are to provide a
    means whereby the ecosystems upon which endangered species and
    threatened species depend may be conserved, to provide a
    program for the conservation of such endangered species and
    threatened species, and to take such steps as may be
    appropriate to achieve the purposes of the treaties and
    convention set forth in subsection (a) of this section.
        (c) Policy.--(1) \5\ It is further declared to be the
    policy of Congress that all Federal departments and agencies
    shall seek to conserve endangered species and threatened
    species and shall utilize their authorities in furtherance of
    the purposes of this Act.
    ---------------------------------------------------------------------------
        \5\ Sec. 9(a) of Public Law 97-304 (96 Stat. 1426) inserted the
    para. designation ``(1)'' and a new para. (2).
    ---------------------------------------------------------------------------
        (2) \5\ It is further declared to be the policy of Congress
    that Federal agencies shall cooperate with State and local
    agencies to resolve water resources issues in concert with
    conservation of endangered species.

                                  definitions

        Sec. 3.\6\ For the purposes of this Act--
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 1532.
    ---------------------------------------------------------------------------
              (1) \7\ The term ``alternative courses of action''
            means all alternatives and thus is not limited to
            original project objectives and agency jurisdiction.
    ---------------------------------------------------------------------------
        \7\ Sec. 2 of Public Law 95-632 (92 Stat. 3751) redesignated paras.
    (1), (2), and (3) as (2), (3), and (4) respectively, and added a new
    para. (1).
    ---------------------------------------------------------------------------
              (2) \7\ The term ``commercial activity'' means all
            activities of industry and trade, including, but not
            limited to, the buying or selling of commodities and
            activities conducted for the propose of facilitating
            such buying and selling: Provided, however, That it
            does not include exhibition of commodities by museums
            or similar cultural or historical organizations.\8\
    ---------------------------------------------------------------------------
        \8\ Sec. 5 of Public Law 94-359 (90 Stat. 913) added this proviso.
    ---------------------------------------------------------------------------
              (3) \7\ The terms ``conserve'', ``conserving,'' and
            ``conservation'' mean to use and the use of all methods
            and procedures which are necessary to being any
            endangered species or threatened species to the point
            at which the measures provided pursuant to this Act are
            no longer necessary. Such methods and procedures
            include, but are not limited to, all activities
            associated with scientific resources management such as
            research, census, law enforcement, habitat acquisition
            and maintenance, propagation, live trapping, and
            transplantation, and, in the extraordinary case where
            population pressure within a given ecosystem cannot be
            otherwise relieved, may include regulated taking.
              (4) \7\ The term ``Convention'' means the Convention
            on International Trade in Endangered Species of Wild
            Fauna and Flora, signed on March 3, 1973, and the
            appendices thereto.
              (5) \9\ (A) The term ``critical habitat'' for a
            threatened or endangered species means--
    ---------------------------------------------------------------------------
        \9\ Sec. 2 of Public Law 95-632 (92 Stat. 3721) redesignated paras.
    (4), (5), (6), and (7) as paras. (6), (8), (9), and (10), respectively,
    and added new paras. (5) and (7).
    ---------------------------------------------------------------------------
                      (i) the specific areas within the
                    geographical area occupied by the species, at
                    the time it is listed in accordance with the
                    provisions of section 4 of this Act, on which
                    are found those physical or biological features
                    (I) essential to the conservation of the
                    species and (II) which may require special
                    management considerations or protection; and
                      (ii) specific areas outside the geographical
                    area occupied by the species at the time it is
                    listed in accordance with the provisions of
                    section 4 of this Act, upon a determination by
                    the Secretary that such areas are essential for
                    the conservation of the species.
              (B) Critical habitat may be established for those
            species now listed as threatened or endangered species
            for which no critical habitat has heretofore been
            established as set forth in subparagraph (A) of this
            paragraph.
              (C) Except in those circumstances determined by the
            Secretary, critical habitat shall not include the
            entire geographical area which can be occupied by the
            threatened or endangered species.
              (6) \9\ The term ``endangered species'' means any
            species which is in danger of extinction throughout all
            or a significant portion of its range other than a
            species of the Class Insecta determined by the
            Secretary to constitute a pest whose protection under
            the provisions of this Act would present an
            overwhelming and overriding risk to man.
              (7) \9\ The term ``Federal agency'' means any
            department, agency, or instrumentality of the United
            States.
              (8) \9\ The term ``fish or wildlife'' means any
            member of the animal kingdom, including without
            limitation any mammal, fish, bird (including any
            migratory, nonmigratory, or endangered bird for which
            protection is also afforded by treaty or other
            international agreement), amphibian, reptile, mollusk,
            crustacean, arthropod or other invertebrate, and
            includes any part, product, egg, or offspring thereof,
            or the dead body or parts thereof.start here
              (9) \9\ The term ``foreign commerce'' includes, among
            other things, any transaction--
                      (A) between persons within one foreign
                    country;
                      (B) between persons in two or more foreign
                    countries;
                      (C) between a person within the United States
                    and a person in a foreign country; or
                      (D) between persons within the United States,
                    where the fish and wildlife in question are
                    moving in any country or countries outside the
                    United States.
              (10) \9\ The term ``import'' means to land on, bring
            into, or introduce into, or attempt to land on, bring
            into, or introduce into, any place subject to the
            jurisdiction of the United States, whether or not such
            landing, bringing, or introduction constitutes an
            importation within the meaning of the customs laws of
            the United States.
              (11) \10\ * * * [Repealed--1982]
    ---------------------------------------------------------------------------
        \10\ Sec. 4(b) of Public Law 97-304 (96 Stat. 1420) repealed para.
    (11), which defined the term ``irresolvable conflict''. Originally,
    sec. 2 of Public Law 95-632 (92 Stat. 2752) added para. (11), which was
    subsequently amended by sec. 2 of Public Law 96-159 (93 Stat. 1225).
    ---------------------------------------------------------------------------
              (12) \11\ The term ``permit or license applicant''
            means, when used with respect to an action of a Federal
            agency for which exemption is sought under section 7,
            any person whose application to such agency for a
            permit or license has been denied primarily because of
            the application of section 7(a) to such agency action.
    ---------------------------------------------------------------------------
        \11\ Sec. 2 of Public Law 95-632 (92 Stat. 2752) redesignated
    paras. (8) through (16) as paras. (13) through (21) and added new
    paras. (11) and (12).
    ---------------------------------------------------------------------------
              (13) \11\, \12\ The term ``person'' means
            an individual, corporation, partnership, trust,
            association, or any other private entity; or any
            officer, employee, agent, department, or
            instrumentality of the Federal Government, of any
            State, municipality, or political subdivision of a
            State, or of any foreign government; any State,
            municipality, or political subdivision of a State; or
            any other entity subject to the jurisdiction of the
            United States.
    ---------------------------------------------------------------------------
        \12\ Sec. 1001 of Public Law 100-478 (102 Stat. 2306) amended and
    restated para. (13) and inserted ``also'' before ``means the Secretary
    of Agriculture'' in para. (15).  Para. (13) previously read as follows:
        ``The term `person' means an individual, corporation, partnership,
    trust, association, or any other private entity, or any officer,
    employee, agent, department, or instrumentality of the Federal
    Government, of any State or political subdivision thereof, or of any
    foreign government.''.
    ---------------------------------------------------------------------------
              (14) \11\ The term ``plant'' means any member of the
            plant kingdom, including seeds, roots and other parts
            thereof.
              (15) \11\ The term ``Secretary'' means, except as
            otherwise herein provided, the Secretary of the
            Interior or the Secretary of Commerce as program
            responsibilities are vested pursuant to the provisions
            of Reorganization Plan Numbered 4 of 1970; except that
            with respect to the enforcement of the provisions of
            this Act and the Convention which pertain to the
            importation or exportation of terrestrial plants, the
            term also \12\ means the Secretary of Agriculture.
              (16) \11\, \13\ The term ``species''
            includes any subspecies of fish or wildlife or plants,
            and any distinct population segment of any species of
            vertebrate fish or wildlife which interbreeds when
            mature.
    ---------------------------------------------------------------------------
        \13\ Sec. 2(5) of Public Law 95-632 (92 Stat. 3752) amended and
    restated para. (16), as redesignated.
    ---------------------------------------------------------------------------
              (17) \11\ The term ``State'' means any of the several
            States, the District of Columbia, the Commonwealth of
            Puerto Rico, American Samoa, the Virgin Islands, Guam,
            and the Trust Territory of the Pacific Islands.
              (18) \11\ The term ``State agency'' means the State
            agency, department, board, commission, or other
            governmental entity which is responsible for the
            management and conservation of fish or wildlife
            resources within a State.
              (19) \11\ The term ``take'' means to harass, harm,
            pursue, hunt, shoot, wound, kill, trap, capture, or
            collect or to attempt to engage in any such conduct.
              (20) \11\ The term ``threatened species'' means any
            species which is likely to become an endangered species
            within the foreseeable future throughout all or a
            significant portion of its range.
              (21) \11\ The term ``United States'' when used in a
            geographical context, includes all States.
              * * * * * * *

                           international cooperation

        Sec. 8.\14\ (a) Financial Assistance.--As a demonstration
    of the commitment of the United States to the worldwide
    protection of endangered species and threatened species, the
    President may, subject to the provisions of section 1415 of the
    Supplemental Appropriation Act, 1953 (31 U.S.C. 724), use
    foreign currencies accruing to the United States Government
    under the Agricultural Trade Development and Assistance Act of
    1954 or any other law to provide to any foreign country (with
    its consent) assistance in the development and management of
    programs in that country which the Secretary determines to be
    necessary or useful for the conservation of any endangered
    species or threatened species listed by the Secretary pursuant
    to section 4 of this Act. The President shall provide
    assistance (which includes, but is not limited to, the
    acquisition, by lease or otherwise, of lands, waters, or
    interests therein) to foreign countries under this section
    under such terms and conditions as he deems appropriate.
    Whenever foreign currencies are available for the provision of
    assistance under this section, such currencies shall be used in
    preference to funds appropriated under the authority of section
    15 of this Act.
    ---------------------------------------------------------------------------
        \14\ 16 U.S.C. 1537.
    ---------------------------------------------------------------------------
        (b) Encouragement of Foreign Programs.--In order to carry
    out further the provisions of this Act, the Secretary, through
    the Secretary of State, shall encourage--
              (1) foreign countries to provide for the conservation
            of fish or wildlife and plants \15\ including
            endangered species and threatened species listed
            pursuant to section 4 of this Act;
    ---------------------------------------------------------------------------
        \15\ Sec. 5 of Public Law 96-159 (93 Stat. 1228) inserted the
    reference to plants.
    ---------------------------------------------------------------------------
              (2) the entering into of bilateral or multilateral
            agreements with foreign countries to provide for such
            conservation; and
              (3) foreign persons who directly or indirectly take
            fish or wildlife or plants \15\ in foreign countries or
            on the high seas for importation into the United States
            for commercial or other purposes to develop and carry
            out with such assistance as he may provide,
            conservation practices designed to enhance such fish or
            wildlife or plants \15\ and their habitat.
        (c) Personnel.--After consultation with the Secretary of
    State, the Secretary may--
              (1) assign or otherwise make available any officer or
            employee of his department for the purpose of
            cooperating with foreign countries and international
            organizations in developing personnel resources and
            programs which promote the conservation of fish or
            wildlife or plants; \15\ and
              (2) conduct or provide financial assistance for the
            educational training of foreign personnel, in this
            country or abroad, in fish, wildlife, or plant
            management, research and law enforcement and to render
            professional assistance abroad in such matters.
        (d) Investigations.--After consultation with the Secretary
    of State and the Secretary of the Treasury, as appropriate, the
    Secretary may conduct or cause to be conducted such law
    enforcement investigations and research abroad as he deems
    necessary to carry out the purposes of this Act.
        (e) \16\ * * * [Repealed--1979]
    ---------------------------------------------------------------------------
        \16\ Sec. 5(4) of Public Law 96-159 (93 Stat. 1228) repealed
    subsec. (e), which had concerned implementation of the Convention. See
    sec. 8A of this Act.
    ---------------------------------------------------------------------------

                           convention implementation

        Sec. 8A.\17\ (a) Management Authority and Scientific
    Authority.--The Secretary of the Interior (hereinafter in this
    section referred to as the ``Secretary'') is designated as the
    Management Authority and the Scientific Authority for purposes
    of the Convention and the respective functions of each such
    Authority shall be carried out through the United States Fish
    and Wildlife Service.
    ---------------------------------------------------------------------------
        \17\ 16 U.S.C. 1537a. Sec. 6 of Public Law 96-159 (93 Stat. 1228)
    added sec. 8A.
    ---------------------------------------------------------------------------
        (b) Management Authority Functions.--The Secretary shall do
    all things necessary and appropriate to carry out the functions
    of the Management Authority under the Convention.
        (c)(1) \18\ Scientific Authority Functions.--The Secretary
    shall do all things necessary and appropriate to carry out the
    functions of the Scientific Authority under the Convention.
    ---------------------------------------------------------------------------
        \18\ Sec 5(1) of Public Law 97-304 (96 Stat. 1421) added the para.
    designation ``(1)'' and a new para. (2).
    ---------------------------------------------------------------------------
        (2) \18\ The Secretary shall base the determinations and
    advice given by him under Article IV of the Convention with
    respect to wildlife upon the best available biological
    information derived from professionally accepted wildlife
    management practices; but is not required to make, or require
    any State to make, estimates of population size in making such
    determinations or giving such advice.
        (d) \19\ Reservations by the United States Under
    Convention.--If the United States votes against including any
    species in Appendix I or II of the Convention and does not
    enter a reservation pursuant to paragraph (3) of Article XV of
    the Convention with respect to that species, the Secretary of
    State, before the 90th day after the last day on which such a
    reservation could be entered, shall submit to the Committee on
    Merchant Marine and Fisheries \20\ of the House of
    Representatives, and to the Committee on the Environment and
    Public Works of the Senate, a written report setting forth the
    reasons why such a reservation was not entered.
    ---------------------------------------------------------------------------
        \19\ Sec. 5(2) of Public Law 97-304 (96 Stat. 1421) amended and
    restated subsec. (d). Previously, subsec. (d) had established an
    International Convention Advisory Commission.
        \20\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided
    that references to the Committee on Merchant Marine and Fisheries of
    the House of Representatives shall be treated as referring to--
    ---------------------------------------------------------------------------

      (A) the Committee on Agriculture, in the case of a provision of law
    relating to inspection of seafood or seafood products;

      (B) the Committee on National Security, in the case of a provision of law
    relating to interoceanic canals, the Merchant Marine Academy and State
    Maritime Academies, or national security aspects of merchant marine;

      (C) the Committee on Resources, in the case of a provision of law
    relating to fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures relating to
    oil and other pollution of navigable waters, or oceanography;

      (D) the Committee on Science, in the case of a provision of law relating
    to marine research; and

      (E) the Committee on Transportation, in the case of a provision of law
    relating to a matter other than those listed above.

        (e) \21\ Wildlife Preservation in Western Hemisphere.--(1)
    The Secretary of the Interior (hereinafter in this subsection
    referred to as the ``Secretary''), in cooperation with the
    Secretary of State, shall act on behalf of, and represent, the
    United States in all regards as required by the Convention on
    Nature Protection and Wildlife Preservation in the Western
    Hemisphere (56 Stat. 1354, T.S. 982, hereinafter in this
    subsection referred to as the ``Western Convention''). In the
    discharge of these responsibilities, the Secretary and the
    Secretary of State shall consult with the Secretary of
    Agriculture, the Secretary of Commerce, and the heads of other
    agencies with respect to matters relating to or affecting their
    areas of responsibility.
    ---------------------------------------------------------------------------
        \21\ Sec. 5(3) of Public Law 97-304 (96 Stat. 1421) amended and
    restated subsec. (e).
    ---------------------------------------------------------------------------
        (2) The Secretary and the Secretary of State, shall, in
    cooperation with the contracting parties to the Western
    Convention and, to the extent feasible and appropriate, with
    the participation of State agencies, take such steps as are
    necessary to implement the Western Convention. Such steps shall
    include, but not be limited to--
              (A) cooperation with contracting parties and
            international organizations for the purpose of
            developing personnel resources and programs that will
            facilitate implementation of the Western Convention;
              (B) identification of those species of birds that
            migrate between the United States and other contracting
            parties, and the habitats upon which those species
            depend, and the implementation of cooperative measures
            to ensure that such species will not become endangered
            or threatened; and
              (C) identification of measures that are necessary and
            appropriate to implement those provisions of the
            Western Convention which address the protection of wild
            plants.
        (3) No later than September 30, 1985, the Secretary and the
    Secretary of State shall submit a report to Congress describing
    those steps taken in accordance with the requirements of this
    subsection and identifying the principal remaining actions yet
    necessary for comprehensive and effective implementation of the
    Western Convention.
        (4) The provisions of this subsection shall not be
    construed as affecting the authority, jurisdiction, or
    responsibility of the several States to manage, control, or
    regulate resident fish or wildlife under State law or
    regulations.

                                prohibited acts

        Sec. 9.\22\ (a) General.--(1) Except as provided in
    sections 6(g)(2) and 10 of this Act, with respect to any
    endangered species of fish or wildlife listed pursuant to
    section 4 of this Act it is unlawful for any person subject to
    the jurisdiction of the United States to--
    ---------------------------------------------------------------------------
        \22\ 16 U.S.C. 1538.
    ---------------------------------------------------------------------------
              (A) import any such species into, or export any such
            species from the United States;
              (B) take any such species within the United States or
            the territorial sea of the United States;
              (C) take any such species upon the high seas;
              (D) possess, sell, deliver, carry, transport, or
            ship, by any means whatsoever, any such species taken
            in violation of subparagraphs (B) and (C);
              (E) deliver, receive, carry, transport, or ship in
            interstate or foreign commerce, by any means whatsoever
            and in the course of a commercial activity, any such
            species;
              (F) sell or offer for sale in interstate or foreign
            commerce any such species; or
              (G) violate any regulation pertaining to such species
            or to any threatened species of fish or wildlife listed
            pursuant to section 4 of this Act and promulgated by
            the Secretary pursuant to authority provided by this
            Act.
        (2) Except as provided in section 6(g)(2) and 10 of this
    Act, with respect to any endangered species of plants listed
    pursuant to section 4 of this Act, it is unlawful for any
    person subject to the jurisdiction of the United States to--
              (A) import any such species into, or export any such
            species from, the United States;
              (B) \23\ remove and reduce to possession any such
            species from areas under Federal jurisdiction;
            maliciously damage or destroy any such species on any
            such area; or remove, cut, dig up, or damage or destroy
            any such species on any other area in knowing violation
            of any law or regulation of any State or in the course
            of any violation of a State criminal trespass law;
    ---------------------------------------------------------------------------
        \23\ Sec. 9(b)(1) of Public Law 97-304 (96 Stat. 1426) redesignated
    existing subparas. (B), (C), and (D), as (C), (D), and (E),
    respectively, and added a new subpara. (B). Subsequently, sec. 5(4) of
    Public Law 96-159 (93 Stat. 1228) amended and restated subpara. (B),
    which was further amended by sec. 1006 of Public Law 100-478 (102 Stat.
    2308), which added the text following ``Federal jurisdiction;'' to the
    end of the subpara.
    ---------------------------------------------------------------------------
              (C) \23\ deliver, receive, carry, transport, or ship
            in interstate or foreign commerce, by any means
            whatsoever and in the course of a commercial activity,
            any such species;
              (D) \23\ sell or offer for sale in interstate or
            foreign commerce any such species; or
              (E) \23\ violate any regulation pertaining to such
            species or to any threatened species of plants listed
            pursuant to section 4 of this Act and promulgated by
            the Secretary pursuant to authority provided by this
            Act.
        (b)(1) \24\ Species Held in Captivity or Controlled
    Environment.--The provisions of subsections (a)(1)(A) and
    (a)(1)(G) of this section shall not apply to any fish or
    wildlife which was held in captivity or in a controlled
    environment on (A) December 28, 1973, or (B) the date of the
    publication in the Federal Register of a final regulation
    adding such fish or wildlife species to any list published
    pursuant to subsection (c) of section 4 of this Act: Provided,
    That such holding and any subsequent holding or use of the fish
    or wildlife was not in the course of a commercial activity.
    With respect to any act prohibited by subsections (a)(1)(A) and
    (a)(1)(G) of this section which occurs after a period of 180
    days from (i) December 28, 1973, or (ii) the date of
    publication in the Federal Register of a final regulation
    adding such fish or wildlife species to any list published
    pursuant to subsection (c) of section 4 of this Act, there
    shall be a rebuttal presumption that the fish or wildlife
    involved in such act is not entitled to the exemption contained
    in this subsection.
    ---------------------------------------------------------------------------
        \24\ Sec. 4 of Public Law 95-632 (92 Stat. 3760) inserted the para.
    designation ``(1)'' and added a new para. (2). Subsequently, sec.
    9(b)(2) of Public Law 97-304 (96 Stat. 1426) amended and restated para.
    (1).
    ---------------------------------------------------------------------------
        (2) \24\  (A) The  provisions  of  subsection  (a)(1)
    shall  not  apply to-- \25\
    ---------------------------------------------------------------------------
        \25\ Sec. 9(b)(3) of Public Law 97-304 (96 Stat. 1427) struck out
    ``This section shall not apply to'' and inserted in lieu thereof ``The
    provisions of subsection (a)(1) shall not apply to''.
    ---------------------------------------------------------------------------
              (i) any raptor legally held in captivity or in a
            controlled environment on the effective date of the
            Endangered Species Act Amendments of 1978; or
              (ii) any progeny of any raptor described in clause
            (i);
    until such time as any such raptor or progeny is intentionally
    returned to a wild state.
        (B) Any person holding any raptor or progeny described in
    subparagraph (A) must be able to demonstrate that the raptor or
    progeny does, in fact, qualify under the provisions of this
    paragraph, and shall maintain and submit to the Secretary, on
    request, such inventories, documentation, and records as the
    Secretary may by regulation require as being reasonably
    appropriate to carry out the purposes of this paragraph. Such
    requirements shall not unnecessarily duplicate the requirements
    of other rules and regulations promulgated by the Secretary.
        (c) Violation of Convention.--(1) It is unlawful for any
    person subject to the jurisdiction of the United States to
    engage in any trade in any specimens contrary to the provisions
    of the Convention, or to possess any specimens traded contrary
    to the provisions of the Convention, including the definitions
    of terms in article I thereof.
        (2) Any importation into the United States of fish or
    wildlife shall, if--
              (A) such fish or wildlife is not an endangered
            species listed pursuant to section 4 of this Act but is
            listed in Appendix II to the Convention,
              (B) the taking and exportation of such fish or
            wildlife is not contrary to the provisions of the
            Convention and all other applicable requirements of the
            Convention have been satisfied,
              (C) the applicable requirements of subsections (d),
            (e), and (f) of this section have been satisfied, and
              (D) such importation is not made in the course of a
            commercial activity,
    be presumed to be an importation not in violation of any
    provision of this Act or any regulation issued pursuant to this
    Act.
        (d) \26\ Imports and Exports.--
    ---------------------------------------------------------------------------
        \26\ Sec. 2301 of Public Law 100-478 (102 Stat. 2321) amended and
    restated subsec. (d). Previously, subsec. (d) read as follows:
        ``(d) Imports and Exports.--(1) It is unlawful for any person to
    engage in business as an importer or exporter of fish or wildlife
    (other than shellfish and fishery products which (A) are not listed
    pursuant to section 4 of this Act as endangered species or threatened
    species, and (B) are imported for purposes of human or animal
    consumption or taken in waters under the jurisdiction of the United
    States or on the high seas for recreational purposes) or plants without
    first having obtained permission from the Secretary.
        ``(2) Any person required to obtain permission under paragraph (1)
    of this subsection shall--
    ---------------------------------------------------------------------------

      ``(A) keep such records as will fully and correctly disclose each
    importation or exportation of fish, wildlife, or plants made by him and the
    subsequent disposition made by him with respect to such fish, wildlife, or
    plants;

      ``(B) at all reasonable times upon notice by a duly authorized
    representative of the Secretary, afford such representative access to his
    places of business, an opportunity to examine his inventory of imported
    fish, wildlife, or plants and the records required to be kept under
    subparagraph (A) of this paragraph, and to copy such records; and

      ``(C) file such reports as the Secretary may require.
    ---------------------------------------------------------------------------

        ``(3) The Secretary shall prescribe such regulations as are
    necessary and appropriate to carry out the purposes of this
    subsection.''.
    ---------------------------------------------------------------------------
              (1) In general.--It is unlawful for any person,
            without first having obtained permission from the
            Secretary, to engage in business--
                      (A) as an importer or exporter of fish or
                    wildlife (other than shellfish and fishery
                    products which (i) are not listed pursuant to
                    section 4 of this Act as endangered species or
                    threatened species, and (ii) are imported for
                    purposes of human or animal consumption or
                    taken in waters under the jurisdiction of the
                    United States or on the high seas for
                    recreational purposes) or plants; \27\ or
    ---------------------------------------------------------------------------
        \27\ Sec. 905 of Public Law 100-653 (102 Stat. 3835) inserted the
    reference to plants.
    ---------------------------------------------------------------------------
                      (B) as an importer or exporter of any amount
                    of raw or worked African elephant ivory.
              (2) Requirements.--Any person required to obtain
            permission under paragraph (1) of this subsection
            shall--
                      (A) keep such records as will fully and
                    correctly disclose each importation or
                    exportation of fish, wildlife, plants, or
                    African elephant ivory made by him and the
                    subsequent disposition made by him with respect
                    to such fish, wildlife, plants, or ivory.
                      (B) at all reasonable times upon notice by a
                    duly authorized representative of the
                    Secretary, afford such representative access to
                    his place of business, an opportunity to
                    examine his inventory of imported fish,
                    wildlife, plants, or African elephant ivory and
                    the records required to be kept under
                    subparagraph (A) of this paragraph, and to copy
                    such records; and
                      (C) file such reports as the Secretary may
                    require.
              (3) Regulations.--The Secretary shall prescribe such
            regulations as are necessary and appropriate to carry
            out the purposes of this subsection.
              (4) Restriction on consideration of value or amount
            of african elephant ivory imported or exported.--In
            granting permission under this subsection for
            importation or exportation of African elephant ivory,
            the Secretary shall not vary the requirements for
            obtaining such permission on the basis of the value or
            amount of ivory imported or exported under such
            permission.
        (e) Reports.--It is unlawful for any person importing or
    exporting fish or wildlife (other than shellfish and fishery
    products which (1) are not listed pursuant to section 4 of this
    Act as endangered or threatened species, and (2) are imported
    for purposes of human or animal consumption or taken in waters
    under the jurisdiction of the United States or on the high seas
    for recreational purposes) or plants to fail to file any
    declaration or report as the Secretary deems necessary to
    facilitate enforcement of this Act or to meet the obligations
    of the Convention.
        (f) Designation of Ports.--(1) It is unlawful for any
    person subject to the jurisdiction of the United States to
    import into or export from the United States any fish or
    wildlife (other than shellfish and fishery products which (A)
    are not listed pursuant to section 4 of this Act as endangered
    species or threatened species, and (B) are imported for purpose
    of human or animal consumption or taken in waters under the
    jurisdiction of the United States or on the high seas for
    recreational purposes) or plants, except at a port or ports
    designated by the Secretary of the Interior. For the purposes
    of facilitating enforcement of this Act and reducing the costs
    thereof, the Secretary of the Interior, with approval of the
    Secretary of the Treasury and after notice and opportunity for
    public hearing, may, by regulation, designate ports and change
    such designations. The Secretary of the Interior, under such
    terms and conditions as he may prescribe, may permit the
    importation or exportation at nondesignated ports in the
    interest of the health or safety of the fish or wildlife or
    plants, or for other reasons if, in his discretion, he deems it
    appropriate and consistent with the purpose, of this
    subsection.
        (2) Any port designated by the Secretary of the Interior
    under the authority of section 4(d) of the Act of December 5,
    1969 (16 U.S.C. 666cc-4(d)), shall, if such designation is in
    effect on the day before the date of the enactment of this Act,
    be deemed to be a port designated by the Secretary under
    paragraph (1) of this subsection until such time as the
    Secretary otherwise provides.
        (g) Violations.--It is unlawful for any person subject to
    the jurisdiction of the United States to attempt to commit,
    solicit another to commit, or cause to be committed, any
    offense defined in this section.

                                   exceptions

        Sec. 10.\28\ (a) \29\ Permits.--(1) The Secretary may
    permit, under such terms and conditions as he shall prescribe--
    ---------------------------------------------------------------------------
        \28\ 16 U.S.C. 1539.
        \29\ Sec. 6(1) of Public Law 97-304 (96 Stat. 1422) amended and
    restated subsec. (a). It formerly read as follows:
        ``(a) Permits.--The Secretary may permit, under such terms and
    conditions as he may prescribe, any act otherwise prohibited by section
    9 of this Act for scientific purposes or to enhance the propagation or
    survival of the affected species.''.
    ---------------------------------------------------------------------------
              (A) any act otherwise prohibited by section 9 for
            scientific purposes or to enhance the propagation or
            survival of the affected species, including, but not
            limited to, acts necessary for the establishment and
            maintenance of experimental populations pursuant to
            subsection (j); or
              (B) any taking otherwise prohibited by section
            9(a)(1)(B) if such taking is incidental to, and not the
            purposes of, the carrying out of an otherwise lawful
            activity.
        (2)(A) No permit may be issued by the Secretary authorizing
    any taking referred to in paragraph (1)(B) unless the applicant
    therefor submits to the Secretary a conservation plan that
    specifies--
              (i) the impact which will likely result from such
            taking;
              (ii) what steps the applicant will take to minimize
            and mitigate such impacts, and the funding that will be
            available to implement such steps;
              (iii) what alternative actions to such taking the
            applicant considered and the reasons why such
            alternatives are not being utilized; and
              (iv) such other measures that the Secretary may
            require as being necessary or appropriate for purposes
            of the plan.
        (B) If the Secretary finds, after opportunity for public
    comment, with respect to a permit application and the related
    conservation plan that--
              (i) the taking will be incidental;
              (ii) the applicant will, to the maximum extent
            practicable, minimize and mitigate the impacts of such
            taking;
              (iii) the applicant will ensure that adequate funding
            for the plan will be provided;
              (iv) the taking will not appreciably reduce the
            likelihood of the survival and recovery of the species
            in the wild; and
              (v) the measures, if any, required under subparagraph
            (A)(iv) will be met;
    and he has received such other assurances as he may require
    that the plan will be implemented, the Secretary shall issue
    the permit. The permit shall contain such terms and conditions
    as the Secretary deems necessary or appropriate to carry out
    the purposes of this paragraph, including, but not limited to,
    such reporting requirements as the Secretary deems necessary
    for determining whether such terms and conditions are being
    complied with.
        (C) The Secretary shall revoke a permit issued under this
    paragraph if he finds that the permittee is not complying with
    the terms and conditions of the permit.
        (b) Hardship Exemptions.--(1) If any person enters into a
    contract with respect to a species of fish, or wildlife or
    plant before the date of the publication in the Federal
    Register of notice of consideration of that species as an
    endangered species and the subsequent listing of that species
    as an endangered species pursuant to section 4 of this Act will
    cause undue economic hardship to such person under the
    contract, the Secretary, in order to minimize such hardship,
    may exempt such person from the application of section 9(a) of
    this Act to the extent the Secretary deems appropriate if such
    person applies to him for such exemption and includes with such
    application such information as the Secretary may require to
    prove hardship; except that (A) no such exemption shall be for
    a duration of more than one year from the date of publication
    in the Federal Register of notice of consideration of the
    species concerned, or shall apply to a quantity of fish or
    wildlife or plants in excess of that specified by the
    Secretary; (B) the one-year period for those species of fish or
    wildlife listed by the Secretary as endangered prior to the
    effective date of this Act shall expire in accordance with the
    terms of section 3 of the Act of December 5, 1969 (83 Stat.
    275); and (C) no such exemption may be granted for the
    importation or exportation of a specimen listed in appendix I
    of the Convention which is to be used in a commercial activity.
        (2) As used in this subsection, the term ``undue economic
    hardship'' shall include, but not be limited to:
              (A) substantial economic loss resulting from
            inability caused by this Act to perform contracts with
            respect to species of fish and wildlife entered into
            prior to the date of publication in the Federal
            Register of a notice of consideration of such species
            as an endangered species;
              (B) substantial economic loss to persons who, for the
            year prior to the notice of consideration of such
            species as an endangered species, derived a substantial
            portion of their income from the lawful taking of any
            listed species, which taking would be made unlawful
            under this Act; or
              (C) curtailment of subsistence taking made unlawful
            under this Act by persons (i) not reasonably able to
            secure other sources of subsistence; and (ii) dependent
            to a substantial extent upon hunting and fishing for
            subsistence; and (iii) who must engage in such
            curtailed taking for subsistence purposes.
        (3) The Secretary may make further requirements for a
    showing of undue economic hardship as he deems fit. Exceptions
    granted under this section may be limited by the Secretary in
    his discretion as to time, area, or other factor of
    applicability.
        (c) Notice and Review.--The Secretary shall publish notice
    in the Federal Register of each application for an exemption or
    permit which is made under this section.\30\ Each notice shall
    invite the submission from interested parties, within thirty
    days after the date of notice, of \31\ written data, views, or
    arguments with respect to the application; except that such
    thirty-day period may be waived by the Secretary in an
    emergency situation where the health or life of an endangered
    animal is threatened and no reasonable alternative is available
    to the applicant, but notice of any such waiver shall be
    published by the Secretary in the Federal Register within ten
    days following the issuance of the exemption or permit.\32\
    Information received by the Secretary as a part of any
    application shall be available to the public as a matter of
    public record at every stage of the proceeding.
    ---------------------------------------------------------------------------
        \30\ Sec. 3(1) of Public Law 94-359 (90 Stat. 912) struck out
    ``subsection'' and inserted in lieu thereof ``section''.
        \31\ Sec. 1013(b) of Public Law 100-478 (102 Stat. 2315) struck out
    ``notice,'' and inserted in lieu thereof ``notice, of''.
        \32\ Sec. 3(2) of Public Law 94-359 (90 Stat. 912) added the words
    to this point beginning with ``; except that such thirty-day period''.
    ---------------------------------------------------------------------------
        (d) Permit and Exemption Policy.--The Secretary may grant
    exceptions under subsections (a)(1)(A) and (b) of this section
    only if he finds and publishes his finding in the Federal
    Register that (1) such exceptions were applied for in good
    faith, (2) if granted and exercised will not operate to the
    disadvantage of such endangered species, and (3) will be
    consistent with the purposes and policy set forth in section 2
    of this Act.
        (e) Alaska Natives.--(1) Except as provided in paragraph
    (4) of this subsection the provisions of this Act shall not
    apply with respect to the taking of any endangered species or
    threatened species, or the importation of any such species
    taken pursuant to this section, by--
              (A) any Indian, Aleut, or Eskimo who is an Alaskan
            Native who resides in Alaska; or
              (B) any non-native permanent resident of an Alaskan
            native village;
    if such taking is primarily for subsistence purposes. Non-
    edible by-products of species taken pursuant to this section
    may be sold in interstate commerce when made into authentic
    native articles of handicrafts and clothing; except that the
    provisions of this subsection shall not apply to any non-native
    resident of an Alaskan native village found by the Secretary to
    be not primarily dependent upon the taking of fish and wildlife
    for consumption or for the creation and sale of authentic
    native articles of handicrafts and clothing.
        (2) Any taking under this subsection may not be accomplish
    in a wasteful manner.
        (3) As used in this subsection--
              (i) The term ``subsistence'' includes selling any
            edible portion of fish or wildlife in native villages
            and towns in Alaska for native consumption within
            native villages or towns; and
              (ii) The term ``authentic native articles of
            handicrafts and clothing'' means items composed wholly
            or in some significant respect of natural materials,
            and which are produced, decorated, or fashioned in the
            exercise of traditional native handicrafts without the
            use of pantographs, multiple carvers, or other mass
            copying devices. Traditional native handicrafts
            include, but are not limited to, weaving, carving,
            stitching, sewing, lacing,\33\ beading, drawing, and
            painting.
    ---------------------------------------------------------------------------
        \33\ Sec. 1013(c) of Public Law 100-478 struck out ``lacking'' and
    inserted in lieu thereof ``lacing''.
    ---------------------------------------------------------------------------
        (4) Notwithstanding the provisions of paragraph (1) of this
    subsection, whenever the Secretary determines that any species
    of fish or wildlife which is subject to taking under the
    provisions of this subsection is an endangered species or
    threatened species, and that such taking materially and
    negatively affects the threatened or endangered species, he may
    prescribe regulations upon the taking of such species by any
    such Indian, Aleut, Eskimo, or non-Native Alaskan resident of
    an Alaskan native village. Such regulations may be established
    with reference to species, geographical description of the area
    included, the season for taking, or any other factors related
    to the reason for establishing such regulations and consistent
    with the policy of this Act. Such regulations shall be
    prescribed after a notice and hearings in the affected judicial
    districts of Alaska and as otherwise required by section 103 of
    the Marine Mammal Protection Act of 1972, and shall be removed
    as soon as the Secretary determines that the need for their
    impositions has disappeared.
        (f) \34\ (1) As used in this subsection--
    ---------------------------------------------------------------------------
        \34\ Sec. 2 of Public Law 94-359 (90 Stat. 911) added subsec. (f).
    ---------------------------------------------------------------------------
              (A) The term ``pre-Act endangered species part''
            means--
                      (i) any sperm whale oil, including
                    derivatives thereof, which was lawfully held
                    within the United States on December 28, 1973,
                    in the course of a commercial activity; or
                      (ii) any finished scrimshaw product, if such
                    product or the raw material for such product
                    was lawfully held within the United States on
                    December 28, 1973, in the course of a
                    commercial activity.
              (B) The term ``scrimshaw product'' means any art form
            which involves the substantial \35\ etching or
            engraving of designs upon, or the substantial \35\
            carving of figures, patterns, or designs from, any bone
            or tooth of any marine mammal of the order Cetacea. For
            purposes of this subsection, polishing or the adding of
            minor superficial markings does not constitute
            substantial etching, engraving, or carving.\36\
    ---------------------------------------------------------------------------
        \35\ Sec. 6(3) of Public Law 97-304 (96 Stat. 1423) inserted
    ``substantial''.
        \36\ Sec. 6(3) of Public Law 97-304 (96 Stat. 1423) added this
    sentence.
    ---------------------------------------------------------------------------
        (2) The Secretary, pursuant to the provisions of this
    subsection, may exempt, if such exemption is not in violation
    of the Convention, and pre-Act endangered species part from one
    or more of the following prohibitions:
              (A) The prohibition on exportation from the United
            States set forth in section 9(a)(1)(A) of this Act.
              (B) Any prohibition set forth in section 9(a)(1) (E)
            or (F) of this Act.
        (3) Any person seeking an exemption described in paragraph
    (2) of this subsection shall make application therefor to the
    Secretary in such form and manner as he shall prescribe, but no
    such application may be considered by the Secretary unless the
    application--
              (A) is received by the Secretary before the close of
            the one-year period beginning on the date on which
            regulations promulgated by the Secretary to carry out
            this subsection first take effect;
              (B) contains a complete and detailed inventory of all
            pre-Act endangered species parts for which the
            applicant seeks exemption;
              (C) is accompanied by such documentation as the
            Secretary may require to prove that any endangered
            species part or product claimed by the applicant to be
            a pre-Act endangered species part is in fact such a
            part; and
              (D) contains such other information as the Secretary
            deems necessary and appropriate to carry out the
            purposes of this subsection.
        (4) If the Secretary approves any application for exemption
    made under this subsection, he shall issue to the applicant a
    certificate of exemption which shall specify--
              (A) any prohibition in section 9(a) of this Act which
            is exempted;
              (B) the pre-Act endangered species parts to which the
            exemption applies;
              (C) the period of time during which the exemption is
            in effect, but no exemption made under this subsection
            shall have force and effect after the close of the
            three-year period beginning on the date of issuance of
            the certificate unless such exemption is renewed under
            paragraph (8); \37\ and
    ---------------------------------------------------------------------------
        \37\ Sec. 7(1) of Public Law 96-159 (93 Stat. 1230) inserted
    ``unless such exemption is renewed under paragraph (8)''.
    ---------------------------------------------------------------------------
              (D) and term or condition prescribed pursuant to
            paragraph (5) (A) or (B), or both, which the Secretary
            deems necessary or appropriate.
        (5) The Secretary shall prescribe such regulations as he
    deems necessary and appropriate to carry out the purposes of
    this subsection. Such regulations may set forth--
              (A) terms and conditions which may be imposed on
            applicants for exemptions under this subsection
            (including, but not limited to, requirements that
            applicants register inventories, keep complete sales
            records, permit duly authorized agents of the Secretary
            to inspect and such inventories and records, and
            periodically file appropriate reports with the
            Secretary); and
              (B) terms and conditions with may be imposed on any
            subsequent purchaser of any pre-Act endangered species
            part covered by an exemption granted under this
            subsection;
    to insure that any such part so exempted is adequately
    accounted for and not disposed of contrary to the provisions of
    this Act. No regulation prescribed by the Secretary to carry
    out the purposes of this subsection shall be subject to section
    4(f)(2)(A)(i) of this Act.
        (6)(A) Any contract for the sale of pre-Act endangered
    species parts which is entered into by the Administrator of
    General Services prior to the effective date of this subsection
    and pursuant to the notice published in the Federal Register on
    January 9, 1973, shall not be rendered invalid by virtue of the
    fact that fulfillment of such contract may be prohibited under
    section 9(a)(1)(F).
        (B) In the event that this paragraph is held invalid, the
    validity of the remainder of the Act, including the remainder
    of this subsection, shall not be affected.
        (7) Nothing in this subsection shall be construed to--
              (A) exonerate any person from any act committed in
            violation of paragraphs (1)(A), (1)(E), or (1)(F) of
            section 9(a) prior to the date of enactment of this
            subsection; or
              (B) immunize any person from prosecution for any such
            act.
        (8) \38\ (A)(i) Any valid certificate of exemption which
    was renewed after October 13, 1982, and was in effect on March
    31, 1988, shall be deemed to be renewed for a six-month period
    beginning on the date of enactment of the Endangered Species
    Act Amendments of 1988. Any person holding such a certificate
    may apply to the Secretary for one additional renewal of such
    certificate for a period not to exceed 5 years beginning on the
    date of such enactment.
    ---------------------------------------------------------------------------
        \38\ Sec. 7(2) of Public Law 96-159 (93 Stat. 1230) added para.
    (8). As enrolled, subpara. (A) has no clause (ii). Subsequently, Public
    Law 100-478 (102 Stat. 2314) amended and restated para. 8(A), which
    previously read as follows:
        ``(8)(A) Any person to whom a certificate of exemption has been
    issued under paragraph (4) of this subsection may apply to the
    Secretary for a renewal of such exemption for a period not to exceed
    three years beginning on the expiration date of such certificate. Such
    application shall be made in the same manner as the application for
    exemption was made under paragraph (3), but without regard to
    subparagraph (A) of such paragraph.''.
        Sec. 18 of Public Law 103-238 (108 Stat. 559) provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 18. scrimshaw exemptions.
    ---------------------------------------------------------------------------

        ``Notwithstanding any other provision of law, any valid
    certification of exemption renewed by the Secretary (or deemed to be
    renewed) under section 10(f)(8) of the Endangered Species Act of 1973
    (16 U.S.C. 1539(f)(8)) for any person holding such a certificate with
    respect to the possession of pre-Act finished scrimshaw products or raw
    material for such products shall remain valid for a period not to
    exceed 5 years beginning on the date of enactment of this Act.'' [April
    30, 1994].
    ---------------------------------------------------------------------------
        (B) If the Secretary approves any application for renewal
    of an exemption under this paragraph, he shall issue to the
    applicant a certificate of renewal of such exemption which
    shall provide that all terms, conditions, prohibitions, and
    other regulations made applicable by the previous \39\
    certificate shall remain in effect during the period of the
    renewal.
    ---------------------------------------------------------------------------
        \39\ Sec. 1011(b) of Public Law 100-478 (102 Stat. 2314) struck out
    ``original'' and inserted in lieu thereof ``previous''.
    ---------------------------------------------------------------------------
        (C) No exemption or renewal of such exemption made under
    this subsection shall have force and effect after the
    expiration date of the certificate of renewal of such exemption
    issued under this paragraph.
        (D) \40\ No person may, after January 31, 1984, sell or
    offer for sale in interstate or foreign commerce, any pre-Act
    finished scrimshaw product unless such person holds a valid
    certificate of exemption issued by the Secretary under this
    subsection, and unless such product or the raw material for
    such product was held by such person on October 13, 1982.\41\
    ---------------------------------------------------------------------------
        \40\ Sec. 1011(c) of Public Law 100-478 (102 Stat. 2314) added
    subpara. (D).
        \41\ Sec. 1011(d) of Public Law 100-478 (102 Stat. 2314) struck out
    subpara. (9), as added by sec. 6(3)(B) of Public Law 97-304 (96 Stat.
    1423). Subpara. (9) had required the Secretary to conduct a review of
    the effectiveness of the regulations prescribed pursuant to sec.
    10(f)(5). In addition, subpara. (9) required that:
    ---------------------------------------------------------------------------

    ``The Secretary shall submit a report of such review to the Committee on
    Merchant Marine and Fisheries of the House of Representatives and the
    Committee on the Environment and Public Works of the Senate and make it
    available to the general public. Based on such review, the Secretary shall,
    on or before October 1, 1983, propose and adopt such revisions to such
    regulations as he deems necessary and appropriate to carry out this
    paragraph. Upon publication of such revised regulations, the Secretary may
    renew for a further period of not to exceed three years any certificate of
    exemption previously renewed under paragraph (8) of this subsection,
    subject to such new terms and conditions as are necessary and appropriate
    under the revised regulations; except that any certificate of exemption
    that would, but for this clause, expire on or after the date of enactment
    of this paragraph and before the date of the adoption of such regulations
    may be extended until such time after the date of adoption as may be
    necessary for purposes of applying such regulations to the certificate.
    Notwithstanding the foregoing, however, no person may, after January 31,
    1984, sell or offer for sale in interstate or foreign commerce any pre-Act
    finished scrimshaw product unless such person has been issued a valid
    certificate of exemption by the Secretary under this subsection and unless
    such product or the raw material for such product was held by such person
    on the date of the enactment of this paragraph.''.

        (g) \42\ In connection with any action alleging a violation
    of section 9, any person claiming the benefit of any exemption
    or permit under this Act shall have the burden of proving that
    the exemption or permit is applicable, has been granted, and
    was valid and in force at the time of the alleged violation.
    ---------------------------------------------------------------------------
        \42\ Sec. 2 of Public Law 94-359 (90 Stat. 912) added subsec. (g).
    ---------------------------------------------------------------------------
        (h) \43\ Certain Antique Articles.--(1) Sections 4(d),
    9(a), and 9(c) do not apply to any article \44\ which--
    ---------------------------------------------------------------------------
        \43\ Sec. 5 of Public Law 95-632 (92 Stat. 3760) added subsec. (h).
        \44\ Sec. 6(4)(A)(i) of Public Law 97-304 (96 Stat. 1424) struck
    out the parenthetical phrase ``(other than scrimshaw)'', which
    previously appeared at this point.
    ---------------------------------------------------------------------------
              (A) \45\ is not less than 100 years of age;
    ---------------------------------------------------------------------------
        \45\ Sec. 6(4)(A)(ii) of Public Law 97-304 (96 Stat. 1424) amended
    and restated subpara. (A) It formerly read as follows:
        ``(A) was made before 1830;''.
    ---------------------------------------------------------------------------
              (B) is composed in whole or in part of any endangered
            species or threatened species listed under section 4;
              (C) has not been repaired or modified with any part
            of any such species on or after the date of the
            enactment of this Act; and
              (D) is entered at a port designated under paragraph
            (3).
        (2) Any person who wishes to import an article under the
    exception provided by this subsection shall submit to the
    customs officer concerned at the time of entry of the article
    such documentation as the Secretary of the Treasury, after
    consultation with the Secretary of the Interior, shall by
    regulation require as being necessary to establish that the
    article meets the requirements set forth in paragraphs (1) (A),
    (B), and (C).
        (3) The Secretary of the Treasury, after consultation with
    the Secretary of the Interior, shall designate one port within
    each customs region at which articles described in paragraphs
    (1) (A), (B), and (C) must be entered into the customs
    territory of the United States.
        (4) Any person who imported, after December 27, 1973, and
    on or before the date of the enactment of the Endangered
    Species Act Amendments of 1978, any article described in
    paragraph (1) which--
              (A) was not repaired or modified after the date of
            importation with any part of any endangered species or
            threatened species listed under section 4;
              (B) was forfeited to the United States before such
            date of the enactment, or is subject to forfeiture to
            the United States on such date of enactment, pursuant
            to the assessment of civil penalty under section 11;
            and
              (C) is in the custody of the United States on such
            date of enactment;
    may, before the close of the one-year period beginning on such
    date of enactment, make application to the Secretary for return
    of the article. Application shall be made in such form and
    manner, and contain such documentation, as the Secretary
    prescribes. If on the basis of any such application which is
    timely filed, the Secretary is satisfied that the requirements
    of this paragraph are met with respect to the article
    concerned, the Secretary shall return the article to the
    applicant and the importation of such article shall, on and
    after the date of return, be deemed to be a lawful importation
    under this Act.
        (i) \46\ Noncommercial Transshipments.--Any importation
    into the United States of fish or wildlife shall, if--
    ---------------------------------------------------------------------------
        \46\ Sec. 6(5) of Public Law 97-304 (96 Stat. 1424) amended and
    restated subsec. (i), as added by sec. 5 of Public Law 95-632 (92 Stat.
    3760).
    ---------------------------------------------------------------------------
              (1) such fish or wildlife was lawfully taken and
            exported from the country of origin and country of
            reexport, if any;
              (2) such fish or wildlife is in transit or
            transshipment through any place subject to the
            jurisdiction of the United States en route to a country
            where such fish or wildlife may be lawfully imported
            and received;
              (3) the exporter or owner of such fish or wildlife
            gave explicit instructions not to ship such fish or
            wildlife through any place subject to the jurisdiction
            of the United States, or did all that could have
            reasonably been done to prevent transshipment, and the
            circumstances leading to the transshipment were beyond
            the exporter's or owner's control;
              (4) the applicable requirements of the Convention
            have been satisfied; and
              (5) such importation is not made in the course of a
            commercial activity,
    be an importation not in violation of any provision of this Act
    or any regulation issued pursuant to this Act while such fish
    or wildlife remains in the control of the United States Customs
    Service.
        (j) \47\ Experimental Populations.--(1) For purposes of
    this subsection, the term ``experimental population'' means any
    population (including any offspring arising solely therefrom)
    authorized by the Secretary for release under paragraph (2),
    but only when, and at such times as, the population is wholly
    separate geographically from nonexperimental populations of the
    same species.
    ---------------------------------------------------------------------------
        \47\ Sec. 6(6) of Public Law 97-304 (96 Stat. 1424) added subsec.
    (j).
    ---------------------------------------------------------------------------
        (2)(A) The Secretary may authorize the release (and the
    related transportation) of any population (including eggs,
    propagules, or individuals) of an endangered species or a
    threatened species outside the current range of such species if
    the Secretary determines that such release will further the
    conservation of such species.
        (B) Before authorizing the release of any population under
    subparagraph (A), the Secretary shall by regulation identify
    the population and determine, on the basis of the best
    available information, whether or not such population is
    essential to the continued existence of an endangered species
    or a threatened species.
        (C) For the purposes of this Act, each member of an
    experimental population shall be treated as a threatened
    species; except that--
              (i) solely for purposes of section 7 (other than
            subsection (a)(1) thereof), an experimental population
            determined under subparagraph (B) to be not essential
            to the continued existence of a species shall be
            treated, except when it occurs in an area within the
            National Wildlife Refuge System or the National Park
            System, as a species proposed to be listed under
            section 4; and
              (ii) critical habitat shall not be designated under
            this Act for any experimental population determined
            under subparagraph (B) to be not essential to the
            continued existence of a species.
        (3) The Secretary, with respect to populations of
    endangered species or threatened species that the Secretary
    authorized, before the date of the enactment of this
    subsection, for release in geographical areas separate from the
    other populations of such species, shall determine by
    regulation which of such populations are an experimental
    population for the purposes of this subsection and whether or
    not each is essential to the continued existence of an
    endangered species or a threatened species.
              * * * * * * *

                               endangered plants

        Sec. 12.\48\ The Secretary of the Smithsonian Institution,
    in conjunction with other affected agencies, is authorized and
    directed to review (1) species of plants which are now or may
    become endangered or the threatened and (2) methods of
    adequately conserving such species, and to report to Congress,
    within one year after the date of the enactment of this Act,
    the results of such review including recommendations for new
    legislation or the amendment of existing legislation.
    ---------------------------------------------------------------------------
        \48\ 16 U.S.C. 1541.
    ---------------------------------------------------------------------------
              * * * * * * *
              17. Marine Mammal Protection Act of 1972, as amended

    Partial text of Public Law 92-522 [H.R. 10420], 86 Stat. 1027, approved
     October 21, 1972; as amended by Public Law 93-205 [Endangered Species
    Act of 1973; S. 1983], 87 Stat. 884, approved December 28, 1973; Public
    Law 95-136 [S. 1522], 91 Stat. 1167, approved October 18, 1977; Public
     Law 95-316 [H.R. 10730], 92 Stat. 380, approved July 10, 1978; Public
    Law 97-58 [H.R. 40841], 95 Stat. 979, approved October 9, 1981; Public
    Law 97-389 [Fisheries Amendments Act of 1982; H.R. 3942], 96 Stat. 1949
    at 1951, approved December 29, 1982; Public Law 98-364 [H.R. 4997], 98
      Stat. 440, approved July 17, 1984; Public Law 99-659 [S. 991], 100
      Stat. 3706, approved November 14, 1986; Public Law 100-711 [Marine
     Mammal Protection Act Amendments of 1988; H.R. 4189], 102 Stat. 4755,
     approved November 23, 1988; Public Law 101-627 [Fishery Conservation
     Amendments of 1990--Dolphin Protection Consumer Information Act; H.R.
     2061] 104 Stat. 4436, approved November 28, 1990; Public Law 102-251
     [Flower Garden Banks National Marine Sanctuary; H.R. 3866], 106 Stat.
     60, approved March 9, 1992; Public Law 102-523 [International Dolphin
    Conservation Act of 1992; H.R. 5419], 106 Stat. 3425, approved October
    26, 1992; Public Law 102-582 [High Seas Driftnet Fisheries Enforcement
    Act; H.R. 2152], 106 Stat. 4900, approved November 2, 1992; Public Law
       102-587 [Oceans Act of 1992; H.R. 5617], 106 Stat. 5039, approved
      November 4, 1992; Public Law 103-238 [Marine Mammal Protection Act
     Amendments of 1994; S. 1636], 108 Stat. 532, approved April 30, 1994;
        Public Law 104-208 [Department of Commerce and Related Agencies
     Appropriations Act; title II of sec. 101(a) of title I of Public Law
       104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996;
    Public Law 104-297 [Sustainable Fisheries Act; S. 39], 110 Stat. 3559,
      approved October 11, 1996; Public Law 105-18 [H.R. 1871], 111 Stat.
     158, approved June 12, 1997; Public Law 105-42 [International Dolphin
     Conservation Program Act; H.R. 408], 111 Stat. 1122, approved August
       15, 1997; Public Law 106-555 [Striped Bass Conservation, Atlantic
     Coastal Fisheries Management, and Marine Mammal Rescue Assistance Act
     of 2000; H.R. 2903], 114 Stat. 2765, approved December 21, 2000; and
    Public Law 108-136 [National Defense Authorization Act for Fiscal Year
          2004; H.R. 1588], 117 Stat. 1392, approved November 24, 2003

        AN ACT To protect marine mammals; to establish a Marine Mammal
                      Commission; and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act, with the following table of contents, may be cited as the
    ``Marine Mammal Protection Act of 1972''.
              * * * * * * *

                     findings and declaration of policy \1\

        Sec. 2.\2\ The Congress finds that--
    ---------------------------------------------------------------------------
        \1\ Sec. 602 of the Foreign Relations Authorization Act, Fiscal
    Year 1979 (92 Stat. 985), contained the following sense of the Congress
    expressing its concern over the continuing destruction of marine
    mammals:
        ``Sec. 602. It is the sense of the Congress that the President
    should convey to all countries having an interest in cetacean sea life
    the serious concern of the Congress regarding the continuing
    destruction of these marine mammals (highlighted by the recent
    slaughter of dolphins in the Sea of Japan by Japanese fishermen) and
    should encourage such countries--
    ---------------------------------------------------------------------------

      ``(1) to join in international discussions with other such countries in
    order to advance general understanding of cetacean life and thereby
    facilitate an effective use of the living marine resources of the world
    which does not jeopardize the natural balance of the aquatic environment;

      ``(2) to participate in an exchange of information with the National
    Marine Fisheries Service of the United States Department of Commerce,
    including cooperation in studies of--

      ``(A) the impact of cetaceans on ecologically related human foodstuffs,
    and

      ``(B) alternative methods of dealing with cetacean problems as they
    occur;

      ``(3) to cooperate in establishing an international cetacean commission
    to advance understanding of cetacean life and to insure the effective
    conservation and protection of cetaceans on a global scale; and

      ``(4) to adopt comprehensive marine mammal protection legislation.''.
    ---------------------------------------------------------------------------

        \2\ 16 U.S.C. 1361.
    ---------------------------------------------------------------------------
              (1) certain species and population stocks of marine
            mammals are, or may be, in danger of extinction or
            depletion as a result of man's activities;
              (2) such species and population stocks should not be
            permitted to diminish beyond the point at which they
            cease to be a significant functioning element in the
            ecosystem of which they are a part, and, consistent
            with this major objective, they should not be permitted
            to diminish below their optimum sustainable population.
            Further measures should be immediately taken to
            replenish any species or population stock which has
            already diminished below that population. In
            particular, efforts should be made to protect essential
            habitats, including \3\ the rookeries, mating grounds,
            and areas of similar significance for each species of
            marine mammal from the adverse effect of man's actions;
    ---------------------------------------------------------------------------
        \3\ Sec. 3(1) of Public Law 103-238 (108 Stat. 532) inserted
    ``essential habitats, including''.
    ---------------------------------------------------------------------------
              (3) there is inadequate knowledge of the ecology and
            population dynamics of such marine mammals and of the
            factors which bear upon their ability to reproduce
            themselves successfully;
              (4) negotiations should be undertaken immediately to
            encourage the development of international arrangements
            for research on, and conservation of, all marine
            mammals;
              (5) marine mammals and marine mammal products
            either--
                      (A) move in interstate commerce, or
                      (B) affect the balance of marine ecosystems
                    in a manner which is important to other animals
                    and animal products which move in interstate
                    commerce,
            and that the protection and conservation of marine
            mammals and their habitats \4\ is therefore necessary
            to insure the continuing availability of those products
            which move in interstate commerce; and
    ---------------------------------------------------------------------------
        \4\ Sec. 3(2) of Public Law 103-238 (108 Stat. 532) inserted ``and
    their habitats''.
    ---------------------------------------------------------------------------
              (6) marine mammals have proven themselves to be
            resources of great international significance, esthetic
            and recreational as well as economic, and it is the
            sense of the Congress that they should be protected and
            encouraged to develop to the greatest extent feasible
            commensurate with sound policies of resource management
            and that the primary objective of their management
            should be to maintain the health and stability of the
            marine ecosystem. Whenever consistent with this primary
            objective, it should be the goal to obtain an optimum
            sustainable population keeping in mind the \5\ carrying
            capacity of the habitat.
    ---------------------------------------------------------------------------
        \5\ Sec. 1(b)(1) of Public Law 97-58 (95 Stat. 979) struck out
    ``optimum'' which previously appeared at this point.
    ---------------------------------------------------------------------------

                                  Definitions

        Sec. 3.\6\ For the purposes of this Act--
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 1362.
    ---------------------------------------------------------------------------
              (1) \7\ The term ``depletion'' or ``depleted'' means
            any case in which--
    ---------------------------------------------------------------------------
        \7\ Sec. 1(b)(2)(A) of Public Law 97-58 (95 Stat. 979) amended and
    restated para. (1).
    ---------------------------------------------------------------------------
                      (A) the Secretary, after consultation with
                    the Marine Mammal Commission and the Committee
                    of Scientific Advisors on Marine Mammals
                    established under title II of this Act,
                    determines that a species or population stock
                    is below its optimum sustainable population;
                      (B) a State, to which authority for the
                    conservation and management of a species or
                    population stock is transferred under the
                    Endangered Species Act of 1973,\8\ determines
                    that such species or stock is below its optimum
                    sustainable population; or
    ---------------------------------------------------------------------------
        \8\ Formerly referred to the Endangered Species Conservation Act of
    1969; amended by sec. 13(e)(1) of Public Law 93-205 (87 Stat. 903).
    ---------------------------------------------------------------------------
                      (C) a species or population stock is listed
                    as an endangered species or a threatened
                    species under the Endangered Species Act of
                    1973 (16 U.S.C. 1531 et seq.).
              (2) The terms ``conservation'' and ``management''
            means the collection and application of biological
            information for the purposes of increasing and
            maintaining the number of animals within species and
            populations of marine mammals at their optimum
            sustainable population.\9\ Such terms include the
            entire scope of activities that constitute a modern
            scientific resource program, including, but not limited
            to, research, census, law enforcement, and habitat
            acquisition and improvement. Also included within these
            terms, when and where appropriate, is the periodic or
            total protection of species or populations as well as
            regulated taking.
    ---------------------------------------------------------------------------
        \9\ Sec. 1(b)(2)(B) of Public Law 97-58 (95 Stat. 979) struck out
    ``the optimum carrying capacity of their habitat'' and inserted in lieu
    thereof ``their optimum sustainable population''.
    ---------------------------------------------------------------------------
              (3) The term ``district court of the United States''
            includes the District Court of Guam, District Court of
            the Virgin Islands, District Court of Puerto Rico,
            District Court of the Canal Zone, and, in the case of
            American Samoa and the Trust Territory of the Pacific
            Islands, the District Court of the United States for
            the District of Hawaii.
              (4) The term ``humane'' in the context of the taking
            of a marine mammal means that method of taking which
            involves the least possible degree of pain and
            suffering practicable to the mammal involved.
              (5) \10\ The term ``intermediary nation'' means a
            nation that exports yellowfin tuna or yellowfin tuna
            products to the united States and that imports
            yellowfin tuna or yellowfin tuna products that are
            subject to a direct ban on importation into the United
            States pursuant to section 101(a)(2)(B).
    ---------------------------------------------------------------------------
        \10\ Sec. 401(a) of Public Law 102-582 (106 Stat. 4909)
    redesignated paras. (5) through (14) as paras. (6) through (15) and
    added a new para. (5).
    ---------------------------------------------------------------------------
              (6) \10\ The term ``marine mammal'' means any mammal
            which (A) is morphologically adapted to the marine
            environment (including sea otters and members of the
            orders Sirenia, Pinnipedia and Cetacea), or (B)
            primarily inhabits the marine environment (such as the
            polar bear); and, for the purposes of this chapter,
            includes any part of any such marine mammal, including
            its raw, dressed, or dyed fur or skin.
              (7) \10\ The term ``marine mammal product'' means any
            item of merchandise which consists, or is composed in
            whole or in part, of any marine mammal.
              (8) \10\ The term ``moratorium'' means a complete
            cessation of the taking of marine mammals and a
            complete ban on the importation into the United States
            of marine mammals and marine mammal products, except as
            provided in this chapter.
              (9) \10\ The term ``optimum sustainable population''
            means, with respect to any population stock, the number
            of animals which will result in the maximum
            productivity of the population or the species, keeping
            in mind the carrying capacity \11\ of the habitat and
            the health of the ecosystem of which they form a
            constituent element.
    ---------------------------------------------------------------------------
        \11\ Public Law 97-58 (95 Stat. 979) struck out ``optimum carrying
    capacity'' and inserted in lieu thereof ``carrying capacity''.
    ---------------------------------------------------------------------------
              (10) \10\ The term ``person'' includes (A) any
            private person or entity, and (B) any officer,
            employee, agent, department, or instrumentality of the
            Federal Government, of any State or political
            subdivision thereof, or of any foreign government.
              (11) \10\ The term ``population stock'' or ``stock''
            means a group of marine mammals of the same species or
            smaller taxa in a common spatial arrangement, that
            interbreed when mature.
              (12) \10\ (A) \12\ Except as provided in subparagraph
            (B), the term ``Secretary'' means--
    ---------------------------------------------------------------------------
        \12\ Sec. 3004(b) of Public Law 102-587 (106 Stat. 5067) added
    subpara. designation (A) to para. (11) (redesignated as para. (12)),
    added new subpara. (B), and redesignated former text as clauses. See
    also sec. 24(a) of Public Law 103-238 (108 Stat. 565) relating to the
    amendment, wherein the amendment is deemed to be applicable to sec.
    3(12).
    ---------------------------------------------------------------------------
                      (i) the Secretary of the department in which
                    the National Oceanic and Atmospheric
                    Administration is operating, as to all
                    responsibility, authority, funding, and duties
                    under this chapter with respect to members of
                    the order Cetacea and members, other than
                    walruses, of the order Pinnipedia, and
                      (ii) the Secretary of the Interior as to all
                    responsibility, authority, funding, and duties
                    under this chapter with respect to all other
                    marine mammals covered by this chapter.
              (B) in section 118 and title IV \13\ (other than
            section 408) \14\ the term ``Secretary'' means the
            Secretary of Commerce.
    ---------------------------------------------------------------------------
        \13\ Sec. 24(a)(2) of Public Law 103-238 (108 Stat. 565) struck out
    ``in title III'' and inserted in lieu thereof ``in section 118 and
    title IV''.
        \14\ Sec. 202(b) of Public Law 106-555 (114 Stat. 2768) inserted
    ``(other than section 408)''.
    ---------------------------------------------------------------------------
              (13) \10\ The term ``take'' means to harass, hunt,
            capture, or kill, or attempt to harass, hunt, capture,
            or kill any marine mammal.
              (14) \10\ The term ``United States'' includes the
            several States, the District of Columbia, the
            Commonwealth of Puerto Rico, the Virgin Islands of the
            United States, American Samoa, Guam, and Northern
            Mariana Islands.\15\
    ---------------------------------------------------------------------------
        \15\ Public Law 97-58 (95 Stat. 979) struck out ``the Canal zone,
    the possession of the United States, and the Trust Territory of the
    Pacific Islands'' and inserted in lieu thereof ``the Virgin Islands of
    the United States, American Samoa, Guam, and Northern Mariana
    Islands''.
    ---------------------------------------------------------------------------
              (15) \10\, \16\ The term ``waters under
            the jurisdiction of the United States'' means--
    ---------------------------------------------------------------------------
        \16\ Sec. 304 of Public Law 102-251 (106 Stat. 65) amended and
    restated para. (15). Sec. 405(b)(2) of the Sustainable Fisheries Act
    (Public Law 104-297; 110 Stat. 3621) subsequently repealed sec. 304 of
    Public Law 102-251, and sec. 405(b)(3) of that Act amended and restated
    para. (15) anew. The amended para. added the clause in subpara. (C),
    beginning with ``except that this subparagraph''.
    ---------------------------------------------------------------------------
                      (A) the territorial sea of the United States;
                      (B) the waters included within a zone,
                    contiguous to the territorial sea of the United
                    States, of which the inner boundary is a line
                    coterminous with the seaward boundary of each
                    coastal State, and the outer boundary is a line
                    drawn in such a manner that each point on it is
                    200 nautical miles from the baseline from which
                    the territorial sea is measured; and
                      (C) the areas referred to as eastern special
                    areas in Article 3(1) of the Agreement between
                    the United States of America and the Union of
                    Soviet Socialist Republics on the Maritime
                    Boundary, signed June 1, 1990; in particular,
                    those areas east of the maritime boundary, as
                    defined in that Agreement, that lie within 200
                    nautical miles of the baselines from which the
                    breadth of the territorial sea of Russia is
                    measured but beyond 200 nautical miles of the
                    baselines from which the breadth of the
                    territorial sea of the United States is
                    measured, except that this subparagraph shall
                    not apply before the date on which the
                    Agreement between the United States and the
                    Union of Soviet Socialist Republics on the
                    Maritime Boundary, signed June 1, 1990, enters
                    into force for the United States.
              (16) \17\ The term ``fishery'' means--
    ---------------------------------------------------------------------------
        \17\ Sec. 2(c) of Public Law 102-523 (106 Stat. 3432) added paras.
    (16) and (17), originally as paras. (15) and (16), as redesignated by
    sec. 16(a)(2) of Public Law 103-238 (108 Stat. 559). Public Law 102-523
    also added a para. (17) that defined ``intermediary nation''. Sec.
    16(a)(1) of Public Law 103-238 struck out para. (17).
    ---------------------------------------------------------------------------
                      (A) one or more stocks of fish which can be
                    treated as a unit for purposes of conservation
                    and management and which are identified on the
                    basis of geographical, scientific, technical,
                    recreational, and economic characteristics; and
                      (B) any fishing for such stocks.
              (17) \17\ The term ``competent regional
            organization''--
                      (A) for the tuna fishery in the eastern
                    tropical Pacific Ocean, means the Inter-
                    American Tropical Tuna Commission; and
                      (B) in any other case, means an organization
                    consisting of those nations participating in a
                    tuna fishery, the purpose of which is the
                    conservation and management of that fishery and
                    the management of issues relating to that
                    fishery.
              (18) \18\ (A) The term ``harassment'' means any act
            of pursuit, torment, or annoyance which--
    ---------------------------------------------------------------------------
        \18\ Sec. 12 of Public Law 103-238 (108 Stat. 557) added paras.
    (18) through (27).
    ---------------------------------------------------------------------------
                      (i) has the potential to injure a marine
                    mammal or marine mammal stock in the wild; or
                      (ii) has the potential to disturb a marine
                    mammal or marine mammal stock in the wild by
                    causing disruption of behavioral patterns,
                    including, but not limited to, migration,
                    breathing, nursing, breeding, feeding, or
                    sheltering.
              (B) \19\ In the case of a military readiness activity
            (as defined in section 315(f) of Public Law 107-314; 16
            U.S.C. 703 note) or a scientific research activity
            conducted by or on behalf of the Federal Government
            consistent with section 104(c)(3), the term
            ``harassment'' means--
    ---------------------------------------------------------------------------
        \19\ Sec. 139(a) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1433) struck out
    subparas. (B) and (C) and inserted in lieu thereof subparas. (B)
    through (D). Subparas. (B) and (C) previously read as follows:
        ``(B) The term `Level A harassment' means harassment described in
    subparagraph (A)(i).
        ``(C) The term `Level B harassment' means harassment described in
    subparagraph (A)(ii).''.
    ---------------------------------------------------------------------------
                      (i) any act that injures or has the
                    significant potential to injure a marine mammal
                    or marine mammal stock in the wild; or
                      (ii) any act that disturbs or is likely to
                    disturb a marine mammal or marine mammal stock
                    in the wild by causing disruption of natural
                    behavioral patterns, including, but not limited
                    to, migration, surfacing, nursing, breeding,
                    feeding, or sheltering, to a point where such
                    behavioral patterns are abandoned or
                    significantly altered.
              (C) \19\ The term ``Level A harassment'' means
            harassment described in subparagraph (A)(i) or, in the
            case of a military readiness activity or scientific
            research activity described in subparagraph (B),
            harassment described in subparagraph (B)(i).
              (D) \19\ The term ``Level B harassment'' means
            harassment described in subparagraph (A)(ii) or, in the
            case of a military readiness activity or scientific
            research activity described in subparagraph (B),
            harassment described in subparagraph (B)(ii).
              (19) \18\ The term ``strategic stock'' means a marine
            mammal stock--
                      (A) for which the level of direct human-
                    caused mortality exceeds the potential
                    biological removal level;
                      (B) which, based on the best available
                    scientific information, is declining and is
                    likely to be listed as a threatened species
                    under the Endangered Species Act of 1973 within
                    the foreseeable future; or
                      (C) which is listed as a threatened species
                    or endangered species under the Endangered
                    Species Act of 1973 (16 U.S.C. 1531 et seq.),
                    or is designated as depleted under this Act.
              (20) \18\ The term ``potential biological removal
            level'' means the maximum number of animals, not
            including natural mortalities, that may be removed from
            a marine mammal stock while allowing that stock to
            reach or maintain its optimum sustainable population.
            The potential biological removal level is the product
            of the following factors:
                      (A) The minimum population estimate of the
                    stock.
                      (B) One-half the maximum theoretical or
                    estimated net productivity rate of the stock at
                    a small population size.
                      (C) A recovery factor of between 0.1 and 1.0.
              (21) \18\ The term ``Regional Fishery Management
            Council'' means a Regional Fishery Management Council
            established under section 302 of the Magnuson-Stevens
            Fishery Conservation and Management Act.\20\
    ---------------------------------------------------------------------------
        \20\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (22) \18\ The term ``bona fide research'' means
            scientific research on marine mammals, the results of
            which--
                      (A) likely would be accepted for publication
                    in a referred scientific journal;
                      (B) are likely to contribute to the basic
                    knowledge of marine mammal biology or ecology;
                    or
                      (C) are likely to identify, evaluate, or
                    resolve conservation problems.
              (23) \18\ The term ``Alaska Native organization''
            means a group designated by law or formally chartered
            which represents or consists of Indians, Aleuts, or
            Eskimos residing in Alaska.
              (24) \18\ The term ``take reduction plan'' means a
            plan developed under section 118.
              (25) \18\ The term ``take reduction team'' means a
            team established under section 118.
              (26) \18\ The term ``net productivity rate'' means
            the annual per capita rate of increase in a stock
            resulting from additions due to reproduction, less
            losses due to mortality.
              (27) \18\ The term ``minimum population estimate''
            means an estimate of the number of animals in a stock
            that--
                      (A) is based on the best available scientific
                    information on abundance, incorporating the
                    precision and variability associated with such
                    information; and
                      (B) provides reasonable assurance that the
                    stock size is equal to or greater than the
                    estimate.
              (28) \21\ The term ``International Dolphin
            Conservation Program'' means the international program
            established by the agreement signed in La Jolla,
            California, in June, 1992, as formalized, modified, and
            enhanced in accordance with the Declaration of Panama.
    ---------------------------------------------------------------------------
        \21\ Sec. 3 of Public Law 105-42 (111 Stat. 1123) added paras. (28)
    and (29).
    ---------------------------------------------------------------------------
              (29) \21\ The term ``Declaration of Panama'' means
            the declaration signed in Panama City, Republic of
            Panama, on October 4, 1995.
              * * * * * * *

             TITLE I--CONSERVATION AND PROTECTION OF MARINE MAMMALS

                           moratorium and exceptions

        Sec. 101.\22\ (a) There shall be a moratorium on the taking
    and importation of marine mammals and marine mammal products,
    commencing on the effective date of this Act, during which time
    no permit may be issued for the taking of any marine mammal and
    no marine mammal or marine mammal product may be imported into
    the United States except in the following cases:
    ---------------------------------------------------------------------------
        \22\ 16 U.S.C. 1371.
    ---------------------------------------------------------------------------
              (1) \23\ Consistent with the provisions of section
            104, permits may be issued by the Secretary for taking,
            and importation for purposes of scientific research,
            public display, photography for educational or
            commercial purposes, or enhancing the survival or
            recovery of a species or stock, or for importation of
            polar bear parts (other than internal organs) taken in
            sport hunts in Canada. Such permits, except permits
            issued under section 104(c)(5), may be issued if the
            taking or importation proposed to be made is first
            reviewed by the Marine Mammal Commission and the
            Committee of Scientific Advisors on Marine Mammals
            established under title II. The Commission and
            Committee shall recommend any proposed taking or
            importation, other than importation under section
            104(c)(5), which is consistent with the purposes and
            policies of section 2 of this Act. If the Secretary
            issues such a permit for importation, the Secretary
            shall issue to the importer concerned a certificate to
            that effect in such form as the Secretary of the
            Treasury prescribes, and such importation may be made
            upon presentation of the certificate to the customs
            officer concerned.
    ---------------------------------------------------------------------------
        \23\ Sec. 4(a)(1) of Public Law 103-238 (108 Stat. 532) amended and
    restated para. (1). It had been amended previously by sec. 5(c) of
    Public Law 100-711 (102 Stat. 4769).
    ---------------------------------------------------------------------------
              (2) Marine mammals may be taken incidentally in the
            course of commercial fishing operations and permits may
            be issued therefor under section 104 subject to
            regulations prescribed by the Secretary in accordance
            with section 103, or in lieu of such permits,
            authorizations may be granted therefor under section
            118, subject to regulations prescribed under that
            section by the Secretary without regard to section
            103.\24\ Such authorizations may be granted under title
            III with respect to purse seine fishing for yellowfin
            tuna in the eastern tropical Pacific Ocean, subject to
            regulations prescribed under that title by the
            Secretary without regard to section 103.\25\ In any
            event it shall be the immediate goal that the
            incidental kill or incidental serious injury of marine
            mammals permitted in the course of commercial fishing
            operations be reduced to insignificant levels
            approaching a zero mortally and serious injury
            rate.\26\ The Secretary of the Treasury shall ban the
            importation of commercial fish or products from fish
            which have been caught with commercial fishing
            technology which results in the incidental kill or
            incidental serious injury of ocean mammals in excess of
            United States standards.
    ---------------------------------------------------------------------------
        \24\ Sec. 4(a)(2) of Public Law 103-238 (108 Stat. 533) inserted
    ``or in lieu of such permits, authorizations may be granted therefor
    under section 118, subject to regulations prescribed under that section
    by the Secretary without regard to section 103''.
        \25\ Sec. 4(a)(1) of Public Law 105-42 (111 Stat. 1123) added this
    sentence.
        \26\ Sec. 101(1)(A) of Public Law 97-58 (95 Stat. 979) amended and
    restated para. (2) up to this point. Subsequently, sec. 4(a)(2) of
    Public Law 105-42 (111 Stat. 1123) struck out ``; provided that this
    goal shall be satisfied in the case of the incidental taking of marine
    mammals in the course of purse seine fishing for yellowfin tuna by a
    continuation of the application of the best marine mammal safety
    techniques and equipment that are economically and technologically
    practicable'' which previously appeared at this point.
    ---------------------------------------------------------------------------
        For purposes of applying the preceding sentence, the
    Secretary--
              (A) Shall insist on reasonable proof from the
            government of any nation from which fish or fish
            products will be exported to the United States of the
            effects on ocean mammals of the commercial fishing
            technology in use for such fish or fish products
            exported from such nation to the United States; \27\
    ---------------------------------------------------------------------------
        \27\ Sec. 4(a) of Public Law 100-711 (102 Stat. 4765) struck out
    ``and'' which previously appeared at this point.
    ---------------------------------------------------------------------------
              (B) \28\ in the case of yellowfin tuna harvested with
            purse seine nets in the eastern tropical Pacific Ocean,
            and products therefrom, to be exported to the United
            States, shall require that the government of the
            exporting nation provide documentary evidence that--
    ---------------------------------------------------------------------------
        \28\ Sec. 4(b)(1) of Public Law 105-42 (111 Stat. 1123) struck out
    subpara. (B) and inserted in lieu thereof a new subpara. (B).
    Previously, subpara. (B) had been amended by sec. 101 of Public Law 98-
    364 (98 Stat. 440), by sec. 4(a)(2) of Public Law 100-711 (102 Stat.
    4765), and by sec. 4(a)(2) of Public Law 100-711 (102 Stat. 4765).
    ---------------------------------------------------------------------------
                      (i)(I) the tuna or products therefrom were
                    not banned from importation under this
                    paragraph before the effective date of section
                    4 of the International Dolphin Conservation
                    Program Act; or
                      (II) the tuna or products therefrom were
                    harvested after the effective date of section 4
                    of the International Dolphin Conservation
                    Program Act by vessels of a nation which
                    participates in the International Dolphin
                    Conservation Program, and such harvesting
                    nation is either a member of the Inter-American
                    Tropical Tuna Commission or has initiated (and
                    within 6 months thereafter completed) all steps
                    required of applicant nations, in accordance
                    with article V, paragraph 3 of the Convention
                    establishing the Inter-American Tropical Tuna
                    Commission, to become a member of that
                    organization;
                      (ii) such nation is meeting the obligations
                    of the International Dolphin Conservation
                    Program and the obligations of membership in
                    the Inter-American Tropical Tuna Commission,
                    including all financial obligations; and
                      (iii) the total dolphin mortality limits, and
                    per-stock per-year dolphin mortality limits
                    permitted for that nation's vessels under the
                    International Dolphin Conservation Program do
                    not exceed the limits determined for 1997, or
                    for any year thereafter, consistent with the
                    objective of progressively reducing dolphin
                    mortality to a level approaching zero through
                    the setting of annual limits and the goal of
                    eliminating dolphin mortality, and requirements
                    of the International Dolphin Conservation
                    Program;
              (C) \29\ shall not accept such documentary evidence
            if--
    ---------------------------------------------------------------------------
        \29\ Sec. 4(b) of Public Law 105-42 (111 Stat. 1124) redesignated
    subparas. (C), (D), and (E) as subparas. (D), (E), and (F), and added a
    new subpara. (C). Sec. 4(a)(3) of Public Law 100-711 (102 Stat. 4766)
    added subparas. (D) and (E), as redesignated. Sec. 901(h) of the
    Dolphin Protection Consumer Information Act (title IX of Public Law
    101-627; 104 Stat. 4467) added subpara. (F), as redesignated.
    Previously, sec. 401(b) of Public Law 102-582 (106 Stat. 4909) amended
    and restated subpara. (D), as redesignated.
    ---------------------------------------------------------------------------
                      (i) the government of the harvesting nation
                    does not provide directly or authorize the
                    Inter-American Tropical Tuna Commission to
                    release complete and accurate information to
                    the Secretary in a timely manner--
                              (I) to allow determination of
                            compliance with the International
                            Dolphin Conservation Program; and
                              (II) for the purposes of tracking and
                            verifying compliance with the minimum
                            requirements established by the
                            Secretary in regulations promulgated
                            under subsection (f) of the Dolphin
                            Protection Consumer Information Act (16
                            U.S.C. 1385(f)); or
                      (ii) after taking into consideration such
                    information, findings of the Inter-American
                    Tropical Tuna Commission, and any other
                    relevant information, including information
                    that a nation is consistently failing to take
                    enforcement actions on violations which
                    diminish the effectiveness of the International
                    Dolphin Conservation Program, the Secretary, in
                    consultation with the Secretary of State, finds
                    that the harvesting nation is not in compliance
                    with the International Dolphin Conservation
                    Program.
              (D) \29\ shall require the government of any
            intermediary nation to certify and provide reasonable
            proof to the Secretary that it has not imported, within
            the preceding six months, any yellowfin tuna or
            yellowfin tuna products that are subject to a direct
            ban on importation to the United States under
            subparagraph (B);
              (E) \29\ shall, six months after importation of
            yellowfin tuna or tuna products has been banned under
            this section, certify such fact to the President, which
            certification shall be deemed to be a certification for
            the purposes of section 8(a) of the Fishermen's
            Protective Act of 1967 (22 U.S.C. 1978(a)) for as long
            as such ban is in effect; and \27\
              (F) \29\ (i) except as provided in clause (ii), in
            the case of fish or products containing fish harvested
            by a nation whose fishing vessels engage in high seas
            driftnet fishing, shall require that the government of
            the exporting nation provide documentary evidence that
            the fish or fish product was not harvested with a
            large-scale driftnet in the South Pacific Ocean after
            July 1, 1991, or in any other water of the high seas
            after January 1, 1993,\30\ and
    ---------------------------------------------------------------------------
        \30\ Sec. 103(1) of Public Law 102-582 (106 Stat. 4903) struck out
    ``July 1, 1992'' and inserted in lieu thereof ``January 1, 1993''.
    ---------------------------------------------------------------------------
              (ii) in the case of tuna or a product containing tuna
            harvested by a nation whose fishing vessels engage in
            high seas driftnet fishing, shall require that the
            government of the exporting nation provide documentary
            evidence that the tuna or tuna product was not
            harvested with a large-scale driftnet any on the high
            seas after July 1, 1991.
    For purpose of subparagraph (F),\31\ the term ``driftnet'' has
    the meaning given such term in section 4003 of the Driftnet
    Impact Monitoring, Assessment, and Control Act of 1987 (16
    U.S.C. 1822 note), except that, until January 1, 1994, the term
    ``driftnet'' does not include the use in the northeast Atlantic
    Ocean of gillnets with a total length not to exceed five
    kilometers if the use is in accordance with regulations adopted
    by the European Community pursuant to the October 28, 1991,
    decision by the Council of Fisheries Ministers of the
    Community.\32\
    ---------------------------------------------------------------------------
        \31\ Sec. 4(b)(4) of Public Law 105-42 (111 Stat. 1124) struck out
    ``subparagraph (E)'' and inserted in lieu thereof ``subparagraph (F)''.
        \32\ Sec. 103(2) of Public Law 102-582 (106 Stat. 4903) inserted
    text to this point beginning with ``except that, until January 1,
    1994,''.
    ---------------------------------------------------------------------------
              (3)(A) The Secretary, on the basis of the best
            scientific evidence available and in consultation with
            the Marine Mammal Commission, is authorized and
            directed, from time to time, having due regard to the
            distribution, abundance, breeding habits, and times and
            lines of migratory movements of such marine mammals, to
            determine when, to what extent, if at all, and by what
            means, it is compatible with this Act to waive the
            requirements of this section so as to allow taking, or
            importing of any marine mammal, or any marine mammal
            product, and to adopt suitable regulations, issue
            permits, and make determinations in accordance with
            sections 102, 103, 104, and 111 of this title
            permitting and governing such taking and importing, in
            accordance with such determinations: Provided, however,
            That the Secretary, in making such determinations, must
            be assured that the taking of such marine mammals is in
            accord with sound principles of resource protection and
            conservation as provided in the purposes and policies
            of this Act: Provided further, however, That no marine
            mammal or no marine mammal product may be imported into
            the United States unless the Secretary certifies that
            the program for taking marine mammals in the country of
            origin is consistent with the provisions and policies
            of this Act. Products of nations not so certified may
            not be imported into the United States for any purpose,
            including processing for exportation.
              (B) Except for scientific research purposes,
            photography for educational or commercial purposes,\33\
            or enhancing the survival or recovery of a species or
            stock \34\ as provided for in paragraph (1) of this
            subsection, or as provided for under paragraph (5) of
            this subsection,\35\ during the moratorium no permit
            may be issued for the taking of any marine mammal which
            \36\ has been designated by the Secretary as depleted,
            and no importation may be made of any such mammal.
    ---------------------------------------------------------------------------
        \33\ Sec. 4(a)(3)(A) of Public Law 103-238 (108 Stat. 533) inserted
    ``, photography for educational or commercial purposes,''.
        \34\ Sec. 5(e)(1) of Public Law 100-711 (102 Stat. 4771) inserted
    ``or enhancing the survival or recovery of a species or stock''.
        \35\ Sec. 4(a)(3)(B) of Public Law 103-238 (108 Stat. 533) inserted
    ``or as provided for under paragraph (5) of this subsection,''.
        \36\ Sec. 101(1)(B) of Public Law 97-58 (95 Stat. 980) struck out
    ``is classified as belonging to an endangered species or threatened
    species pursuant to the Endangered Species Act of 1973 or'' which
    previously appeared at this point.
    ---------------------------------------------------------------------------
              (4) \37\ (A) Except as provided in subparagraphs (B)
            and (C), the provisions of this Act shall not apply to
            the use of measures--
    ---------------------------------------------------------------------------
        \37\ Sec. 101(1)(C) of Public Law 97-58 (95 Stat. 980) added para.
    (4). Subsequently, para. (4) was amended and restated by sec. 411 of
    Public Law 99-659 (100 Stat. 3741), and further amended and restated by
    sec. 4(a)(4) of Public Law 103-238 (108 Stat. 533).
    ---------------------------------------------------------------------------
                      (i) by the owner of fishing gear or catch, or
                    an employee or agent of such owner, to deter a
                    marine mammal from damaging the gear or catch;
                      (ii) by the owner of other private property,
                    or an agent, bailee, or employee of such owner,
                    to deter a marine mammal from damaging private
                    property;
                      (iii) by any person, to deter a marine mammal
                    from endangering personal safety; or
                      (iv) by a government employee, to deter a
                    marine mammal from damaging public property, so
                    long as such measures do not result in the
                    death or serious injury of a marine mammal.
              (B) The Secretary shall, through consultation with
            appropriate experts, and after notice and opportunity
            for public comment, publish in the Federal Register a
            list of guidelines for use in safely deterring marine
            mammals. In the case of marine mammals listed as
            endangered species or threatened species under the
            Endangered Species Act of 1973, the Secretary shall
            recommend specific measures which may be used to
            nonlethally deter marine mammals. Actions to deter
            marine mammals consistent with such guidelines or
            specific measures shall not be a violation of this Act.
              (C) If the Secretary determines, using the best
            scientific information available, that certain forms of
            deterrence have a significant adverse effect on marine
            mammals, the Secretary may prohibit such deterrent
            methods, after notice and opportunity for public
            comment, through regulation under this Act.
              (D) The authority to deter marine mammals pursuant to
            subparagraph (A) applies to all marine mammals,
            including all stocks designated as depleted under this
            Act.
              (5)(A)(i) \38\ Upon request therefor by citizens of
            the United States who engage in a specified activity
            (other than commercial fishing) within a specified
            geographical region, the Secretary shall allow, during
            periods of not more than five consecutive years each,
            the incidental, but not intentional, taking by citizens
            while engaging in that activity within that region of
            small numbers of marine mammals of a species or
            population stock \39\ if the Secretary, after notice
            (in the Federal Register and in newspapers of general
            circulation, and through appropriate electronic media,
            in the coastal areas that may be affected by such
            activity) and opportunity for public comment--
    ---------------------------------------------------------------------------
        \38\ Sec. 319(c)(1) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1434) inserted ``(i)''
    after ``(5)(A)'', redesignated clauses (i) and (ii) and subclauses (I)
    and (II) as subclauses (I) and (II) and items (aa) and (bb),
    respectively, and added new clauses (ii) and (iii).
        \39\ Sec. 411 of Public Law 99-659 (100 Stat. 3741) struck out
    ``that is not depleted'' at this point.
    ---------------------------------------------------------------------------
                      (I) \38\ finds that the total of such taking
                    during each five-year (or less) period
                    concerned will have a negligible impact on such
                    species or stock and will not have an
                    unmitigable adverse impact \40\ on the
                    availability of such species or stock for
                    taking for subsistence uses pursuant to
                    subsection (b) or section 109(f) or, in the
                    case of a cooperative agreement under both this
                    Act and the Whaling Convention Act of 1949 (16
                    U.S.C. 916 et seq.), pursuant to section
                    112(c); \41\ and
    ---------------------------------------------------------------------------
        \40\ Sec. 411 of Public Law 99-659 (100 Stat. 3741) struck out
    ``its habitat, and'' and inserted in lieu thereof ``will not have an
    unmitigable adverse impact''.
        \41\ Sec. 411 of Public Law 99-659 (100 Stat. 3741) inserted ``or,
    in the case of a cooperative agreement under both this Act and the
    Whaling Convention Act of 1949 (16 U.S.C. 916 et seq.), pursuant to
    section 112(c)''.
    ---------------------------------------------------------------------------
                      (II) \38\ prescribes regulations setting
                    forth--
                              (aa) \38\ permissible methods of
                            taking pursuant to such activity, and
                            other means of effecting the last
                            practicable adverse impact on such
                            species or stock and its habitat,
                            paying particular attention to
                            rookeries, mating grounds, and areas of
                            similar significance; and on the
                            availability of such species or stock
                            for substance uses; \42\ and
    ---------------------------------------------------------------------------
        \42\ Sec. 411 of Public Law 99-659 (100 Stat. 3741) inserted ``and
    on the availability of such species or stock for substance uses''.
    ---------------------------------------------------------------------------
                              (bb) \38\ requirements pertaining to
                            the monitoring and reporting of such
                            taking.
              (ii) \38\ For a military readiness activity (as
            defined in section 315(f) of Public Law 107-314; 16
            U.S.C. 703 note), a determination of `least practicable
            adverse impact on such species or stock' under clause
            (i)(II)(aa) shall include consideration of personnel
            safety, practicality of implementation, and impact on
            the effectiveness of the military readiness activity.
            Before making the required determination, the Secretary
            shall consult with the Department of Defense regarding
            personnel safety, practicality of implementation, and
            impact on the effectiveness of the military readiness
            activity.
              (iii) \38\ Notwithstanding clause (i), for any
            authorization affecting a military readiness activity
            (as defined in section 315(f) of Public Law 107-314; 16
            U.S.C. 703 note), the Secretary shall publish the
            notice required by such clause only in the Federal
            Register.
              (B) The Secretary shall withdraw, or suspend for a
            time certain (either on an individual or class basis,
            as appropriate) the permission to take marine mammals
            under subparagraph (A) pursuant to a specified activity
            within a specified geographical region if the Secretary
            finds, after notice and opportunity for public comment
            (as required under subparagraph (A) unless subparagraph
            (C)(i) applies), that--
                      (i) the regulations prescribed under
                    subparagraph (A) regarding methods of taking,
                    monitoring, or reporting are not being
                    substantially complied with by a person
                    engaging in such activity; or
                      (ii) the taking allowed under subparagraph
                    (A) pursuant to one or more activities within
                    one or more regions is having, or may have,
                    more than a negligible impact on the species or
                    stock concerned.
              (C)(i) The requirement for notice and opportunity for
            public comment in subparagraph (B) shall not apply in
            the case of a suspension of permission to take if the
            Secretary determines that an emergency exists which
            poses a significant risk to the well-being of the
            species or stock concerned.
              (ii) Sections 103 and 104 shall not apply to the
            taking of marine mammals under the authority of this
            paragraph.
              (D) \43\ (i) Upon request therefor by citizens of the
            United States who engage in a specified activity (other
            than commercial fishing) within a specific geographic
            region, the Secretary shall authorize, for periods of
            not more than 1 year, subject to such conditions as the
            Secretary may specify, the incidental, but not
            intentional, taking by harassment of small numbers of
            marine mammals of a species or population stock by such
            citizens while engaging in that activity within that
            region if the Secretary finds that such harassment
            during each period concerned--
    ---------------------------------------------------------------------------
        \43\ Sec. 4(a)(5) of Public Law 103-238 (108 Stat. 533) added
    subparas. (D) and (E).
    ---------------------------------------------------------------------------
                      (I) will have a negligible impact on such
                    species or stock, and
                      (II) will not have an unmitigable adverse
                    impact on the availability of such species or
                    stock for taking for subsistence uses pursuant
                    to subsection (b), or section 109(f) or
                    pursuant to a cooperative agreement under
                    section 119.
              (ii) The authorization for such activity shall
            prescribe, where applicable--
                      (I) permissible methods of taking by
                    harassment pursuant to such activity, and other
                    means of effecting the least practicable impact
                    on such species or stock and its habitat,
                    paying particular attention to rookeries,
                    mating grounds, and areas of similar
                    significance, and on the availability of such
                    species or stock for taking for subsistence
                    uses pursuant to subsection (b) or section
                    109(f) or pursuant to a cooperative agreement
                    under section 119,
                      (II) the measures that the Secretary
                    determines are necessary to ensure no
                    unmitigable adverse impact on the availability
                    of the species or stock for taking for
                    subsistence uses pursuant to subsection (b) or
                    section 109(f) or pursuant to a cooperative
                    agreement under section 119, and
                      (III) requirements pertaining to the
                    monitoring and reporting of such taking by
                    harassment, including requirements for the
                    independent peer review of proposed monitoring
                    plans or other research proposals where the
                    proposed activity may affect the availability
                    of a species or stock for taking for
                    subsistence uses pursuant to subsection (b) or
                    section 109(f) or pursuant to a cooperative
                    agreement under section 119.
              (iii) The Secretary shall publish a proposed
            authorization not later than 45 days after receiving an
            application under this subparagraph and request public
            comment through notice in the Federal Register,
            newspapers of general circulation, and appropriate
            electronic media and to all locally affected
            communities for a period of 30 days after publication.
            Not later than 45 days after the close of the public
            comment period, if the Secretary makes the findings set
            forth in clause (i), the Secretary shall issue an
            authorization with appropriate conditions to meet the
            requirements of clause (ii).
              (iv) The Secretary shall modify, suspend, or revoke
            an authorization if the Secretary finds that the
            provisions of clauses (i) or (ii) are not being met.
              (v) A person conducting an activity for which an
            authorization has been granted under this subparagraph
            shall not be subject to the penalties of this Act for
            taking by harassment that occurs in compliance with
            such authorization.
              (vi) \44\ For a military readiness activity (as
            defined in section 315(f) of Public Law 107-314; 16
            U.S.C. 703 note), a determination of ``least
            practicable adverse impact on such species or stock''
            under clause (i)(I) shall include consideration of
            personnel safety, practicality of implementation, and
            impact on the effectiveness of the military readiness
            activity. Before making the required determination, the
            Secretary shall consult with the Department of Defense
            regarding personnel safety, practicality of
            implementation, and impact on the effectiveness of the
            military readiness activity.
    ---------------------------------------------------------------------------
        \44\ Sec. 319(c)(2) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1435) added clauses
    (vi) and (vii).
    ---------------------------------------------------------------------------
              (vii) \44\ Notwithstanding clause (iii), for any
            authorization affecting a military readiness activity
            (as defined in section 315(f) of Public Law 107-314; 16
            U.S.C. 703 note), the Secretary shall publish the
            notice required by such clause only in the Federal
            Register.
              (E) \43\ (i) During any period of up to 3 consecutive
            years, the Secretary shall allow the incidental, but
            not the intentional, taking by persons using vessels of
            the United States or vessels which have valid fishing
            permits issued by the Secretary in accordance with
            section 204(b) of the Magnuson-Stevens Fishery
            Conservation and Management Act (16 U.S.C.
            1824(b)),\45\ while engaging in commercial fishing
            operations, of marine mammals from a species or stock
            designated as depleted because of its listing as an
            endangered species or threatened species under the
            Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
            if the Secretary, after notice and opportunity for
            public comment, determines that--
    ---------------------------------------------------------------------------
        \45\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
                      (I) the incidental mortality and serious
                    injury from commercial fisheries will have a
                    negligible impact on such species or stock;
                      (II) a recovery plan has been developed or is
                    being developed for such species or stock
                    pursuant to the Endangered Species Act of 1973;
                    and
                      (III) where required under section 118, a
                    monitoring program is established under
                    subsection (d) of such section, vessels engaged
                    in such fisheries are registered in accordance
                    with such section, and a take reduction plan
                    has been developed or is being developed for
                    such species or stock.
              (ii) Upon a determination by the Secretary that the
            requirements of clause (i) have been met, the Secretary
            shall publish in the Federal Register a list of those
            fisheries for which such determination was made, and,
            for vessels required to register under section 118,
            shall issue an appropriate permit for each
            authorization granted under such section to vessels to
            which this paragraph applies. Vessels engaged in a
            fishery included in the notice published by the
            Secretary under this clause which are not required to
            register under section 118 shall not be subject to the
            penalties of this Act for the incidental taking of
            marine mammals to which this paragraph applies, so long
            as the owner or master of such vessel reports any
            incidental mortality or injury of such marine mammals
            to the Secretary in accordance with section 118.
              (iii) If, during the course of the commercial fishing
            season, the Secretary determines that the level of
            incidental mortality or serious injury from commercial
            fisheries for which a determination was made under
            clause (i) has resulted or is likely to result in an
            impact that is more than negligible on the endangered
            or threatened species or stock, the Secretary shall use
            the emergency authority granted under section 118 to
            protect such species or stock, and may modify any
            permit granted under this paragraph as necessary.
              (iv) The Secretary may suspend for a time certain or
            revoke a permit granted under this subparagraph only if
            the Secretary determines that the conditions or
            limitations set forth in such permit are not being
            complied with. The Secretary may amend or modify, after
            notice and opportunity for public comment, the list of
            fisheries published under clause (ii) whenever the
            Secretary determines there has been a significant
            change in the information or conditions used to
            determine such list.
              (v) Sections 103 and 104 shall not apply to the
            taking of marine mammals under the authority of this
            subparagraph.
              (vi) This subparagraph shall not govern the
            incidental taking of California sea otters and shall
            not be deemed to amend or repeal the Act of November 7,
            1986 (Public Law 99-625; 100 Stat. 3500).
              (F) \46\ Notwithstanding the provisions of this
            subsection, any authorization affecting a military
            readiness activity (as defined in section 315(f) of
            Public Law 107-314; 16 U.S.C. 703 note) shall not be
            subject to the following requirements:
    ---------------------------------------------------------------------------
        \46\ Sec. 319(c)(3) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1435) added subpara.
    (F).
    ---------------------------------------------------------------------------
                      (i) In subparagraph (A), ``within a specified
                    geographical region'' and ``within that region
                    of small numbers''.
                      (ii) In subparagraph (B), ``within a
                    specified geographical region'' and ``within
                    one or more regions''.
                      (iii) In subparagraph (D), ``within a
                    specific geographic region'', ``of small
                    numbers'', and ``within that region''.
              (6) \47\ (A) A marine mammal product may be imported
            into the United States if the product--
    ---------------------------------------------------------------------------
        \47\ Sec. 4(a)(6) of Public Law 103-238 (108 Stat. 536) added para.
    (6).
    ---------------------------------------------------------------------------
                      (i) was legally possessed and exported by any
                    citizen of the United States in conjunction
                    with travel outside the United States, provided
                    that the product is imported into the United
                    States by the same person upon the termination
                    of travel;
                      (ii) was acquired outside of the United
                    States as part of a cultural exchange by an
                    Indian, Aleut, or Eskimo residing in Alaska; or
                      (iii) is owned by a Native inhabitant of
                    Russia, Canada, or Greenland and is imported
                    for noncommercial purposes in conjunction with
                    travel within the United States or as part of a
                    cultural exchange with an Indian, Aleut, or
                    Eskimo residing in Alaska.
              (B) For the purposes of this paragraph, the term--
                      (i) ``Native inhabitant of Russia, Canada, or
                    Greenland'' means a person residing in Russia,
                    Canada, or Greenland who is related by blood,
                    is a member of the same clan or ethnological
                    grouping, or shares a common heritage with an
                    Indian, Aleut, or Eskimo residing in Alaska;
                    and
                      (ii) ``cultural exchange'' means the sharing
                    or exchange of ideas, information, gifts,
                    clothing, or handicrafts between an Indian,
                    Aleut, or Eskimo residing in Alaska and a
                    Native inhabitant of Russia, Canada, or
                    Greenland, including rendering of raw marine
                    mammal parts as part of such exchange into
                    clothing or handicrafts through carving,
                    painting, sewing, or decorating.
              * * * * * * *
        (e) \48\ Act Not to Apply to Incidental Takings by United
    States Citizens Employed on Foreign Vessels Outside the United
    States EEZ.--The provisions of this Act shall not apply to a
    citizen of the United States who incidentally takes any marine
    mammal during fishing operations outside the United States
    exclusive economic zone (as defined in section 3 of the
    Magnuson-Stevens Fishery Conservation and Management Act (16
    U.S.C. 1802)) when employed on a foreign fishing vessel of a
    harvesting nation which is in compliance with the International
    Dolphin Conservation Program.
    ---------------------------------------------------------------------------
        \48\ Sec. 4(c) of Public Law 105-42 (111 Stat. 1124) added subsec.
    (e).
    ---------------------------------------------------------------------------
        (f) \49\ Exemption of Actions Necessary for National
    Defense.--(1) The Secretary of Defense, after conferring with
    the Secretary of Commerce, the Secretary of the Interior, or
    both, as appropriate, may exempt any action or category of
    actions undertaken by the Department of Defense or its
    components from compliance with any requirement of this Act, if
    the Secretary determines that it is necessary for national
    defense.
    ---------------------------------------------------------------------------
        \49\ Sec. 319(b) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1434) added subsec.
    (f).
    ---------------------------------------------------------------------------
        (2) An exemption granted under this subsection--
              (A) subject to subparagraph (B), shall be effective
            for a period specified by the Secretary of Defense; and
              (B) shall not be effective for more than 2 years.
        (3)(A) The Secretary of Defense may issue additional
    exemptions under this subsection for the same action or
    category of actions, after--
              (i) conferring with the Secretary of Commerce, the
            Secretary of the Interior, or both as appropriate; and
              (ii) making a new determination that the additional
            exemption is necessary for national defense.
        (B) Each additional exemption under this paragraph shall be
    effective for a period specified by the Secretary of Defense,
    of not more than 2 years.
        (4) Not later than 30 days after issuing an exemption under
    paragraph (1) or an additional exemption under paragraph (3),
    the Secretary of Defense shall submit to the Committee on Armed
    Services of the House of Representatives and the Committee on
    Armed Services of the Senate notice describing the exemption
    and the reasons therefor. The notice may be provided in
    classified form if the Secretary of Defense determines that use
    of the classified form is necessary for reasons of national
    security.

                                  prohibitions

        Sec. 102.\50\, \51\ (a) Except as provided in
    sections 101, 103, 104, 109, 111, 113, 114, and 118 of this
    title and title IV, it is unlawful--
    ---------------------------------------------------------------------------
        \50\ 16 U.S.C. 1372.
        \51\ Sec. 3(a)(1)(A) of Public Law 97-58 (95 Stat. 981) inserted
    the reference to sec. 109. Sec. 2(b) of Public Law 100-711 (102 Stat.
    4763) inserted the reference to sec. 114. Sec. 3004(a)(1) of Public Law
    102-587 (106 Stat. 5067) inserted the reference to title III, as
    subsequently amended by sec. 13(c) of Public Law 103-238 (108 Stat.
    558) to refer to title IV, to correspond with the redesignation of
    title III to title IV, relating to marine mammal health and stranding
    response. Sec. 13(c) of that Act also added the reference to sec. 118
    and title IV. In a redundant amendment, sec. 24(c)(9) of that Act
    struck out ``title III'' and inserted in lieu thereof ``title IV''.
    ---------------------------------------------------------------------------
              (1) for any person subject to the jurisdiction of the
            United States or any vessel or other conveyance subject
            to the jurisdiction of the United States to take any
            marine mammal on the high seas;
              (2) except as expressly provided for by an
            international treaty, convention, or agreement to which
            the United States is a party and which was entered into
            before the effective date of this title or by any
            statute implementing any such treaty, convention, or
            agreement--
                      (A) for any person or vessel or other
                    conveyance to take any marine mammal in waters
                    or on lands under the jurisdiction of the
                    United States; or
                      (B) for any person to use any port, harbor,
                    or other place under the jurisdiction of the
                    United States to take or import \52\ marine
                    mammals or marine mammal products; and
    ---------------------------------------------------------------------------
        \52\ Sec. 5(a)(1) of Public Law 103-238 (108 Stat. 537) struck out
    ``for any purpose in any way connected with the taking or importation
    of'' and inserted in lieu thereof ``to take or import''.
    ---------------------------------------------------------------------------
              (3) \53\ for any person, with respect to any marine
            mammal taken in violation of this title, to possess
            that mammal or any product from that mammal;
    ---------------------------------------------------------------------------
        \53\ Sec. 3(a)(1) of Public Law 97-58 (95 Stat. 981) redesignated
    para. (4) as para. (5), struck out existing para. (3), and added new
    paras. (3) and (4).
    ---------------------------------------------------------------------------
              (4) \53\ for any person to transport, purchase, sell,
            export, or offer to purchase, sell, or export \54\ any
            marine mammal or marine mammal product-- \55\
    ---------------------------------------------------------------------------
        \54\ Sec. 5(a)(2)(A) of Public Law 103-238 (108 Stat. 537) struck
    out ``or offer to purchase or sell'' and inserted in lieu thereof
    ``export, or offer to purchase, sell, or export''.
        \55\ Sec. 5(a)(2)(B) of Public Law 103-238 (108 Stat. 537) struck
    out ``product; and'' and inserted in lieu thereof ``product--''.
    ---------------------------------------------------------------------------
                      (A) \56\ that is taken in violation of this
                    Act; or
    ---------------------------------------------------------------------------
        \56\ Sec. 5(a)(2)(C) of Public Law 103-238 (108 Stat. 537) added
    subparas. (A) and (B).
    ---------------------------------------------------------------------------
                      (B) \56\ for any purpose other than public
                    display, scientific research, or enhancing the
                    survival of a species or stock as provided for
                    under subsection 104(c); and
              (5) \53\ for any person to use, in a commercial
            fishery, any means or methods of fishing in
            contravention of any regulations or limitations, issued
            by the Secretary for that fishery to achieve the
            purposes of this Act.
        (b) Except pursuant to a permit for scientific research, or
    for enhancing the survival or recovery of a species or
    stock,\57\ issued under section 104(c) of this title, it is
    unlawful to import into the United States any marine mammal if
    such mammal was--
    ---------------------------------------------------------------------------
        \57\ Sec. 5(e)(2) of Public Law 100-711 (102 Stat. 4771) struck out
    ``research'' and inserted in lieu thereof ``research, or for enhancing
    the survival or recovery of a species or stock,''.
    ---------------------------------------------------------------------------
              (1) pregnant at the time of taking;
              (2) nursing at the time of taking, or less than eight
            months old, whichever occurs later;
              (3) taken from a species or population stock which
            the Secretary has, by regulation published in the
            Federal Register, designated as a depleted species or
            stock; \58\ or
    ---------------------------------------------------------------------------
        \58\ Sec. 3(a)(2) of Public Law 97-58 (95 Stat. 981) struck out
    ``or which has been listed as an endangered species or threatened
    species pursuant to the Endangered Species Act of 1973'' which had
    previously appeared at this point.
    ---------------------------------------------------------------------------
              (4) taken in a manner deemed inhumane by the
            Secretary.
    Notwithstanding the provisions of paragraphs (1) and (2), the
    Secretary may issue a permit for the importation of a marine
    mammal, if the Secretary determines that such importation is
    necessary for the protection or welfare of the animal.\59\
    ---------------------------------------------------------------------------
        \59\ Sec. 5(b) of Public Law 100-711 (102 Stat. 4769) added this
    sentence.
    ---------------------------------------------------------------------------
        (c) It is unlawful to import into the United States any of
    the following:
              (1) Any marine mammal which was--
                      (A) taken in violation of this title; or
                      (B) taken in another country in violation of
                    the law of that country.
              (2) Any marine mammal product if--
                      (A) the importation in to the United States
                    of the marine mammal from which such product is
                    made is unlawful under paragraph (1) of this
                    subsection; or
                      (B) the sale in commerce of such product in
                    the country of origin of the product is
                    illegal;
              (3) Any fish, whether fresh, frozen, or otherwise
            prepared, if such fish was caught in a manner which the
            Secretary has proscribed for persons subject to the
            jurisdiction of the United States, whether or not any
            marine mammals were in fact taken incident to the
            catching of the fish.
        (d) Subsection (b) and (c) of this section shall not
    apply--
              (1) in the case of marine mammals or marine mammal
            products, as the case may be, to which subsection
            (b)(3) of this section applies, to such items imported
            into the United States before the date on which the
            Secretary publishes notice in the Federal Register of
            his proposed rulemaking with respect to the designation
            of the species or stock concerned as depleted,\60\ or
    ---------------------------------------------------------------------------
        \60\ Sec. 3(a)(3) of Public Law 97-58 (95 Stat. 981) struck out
    ``or endangered'' which previously appeared at this point.
    ---------------------------------------------------------------------------
              (2) in the case of marine mammals or marine mammal
            products to which subsection (c)(1)(B) or (c)(2)(B) of
            this section applies, to articles imported into the
            United States before the effective date of the foreign
            law making the taking or sale, as the case may be, of
            such marine mammals or marine mammal products unlawful.
        (e) This Act shall not apply with respect to any marine
    mammal taken before the effective date of this Act, or to any
    marine mammal product consisting of, or composed in whole or in
    part of, any marine mammal taken before such date.
        (f) \61\ It is unlawful for any person or vessel or other
    conveyance to take any species of whale incident to commercial
    whaling in waters subject to the jurisdiction of the United
    States.
    ---------------------------------------------------------------------------
        \61\ Sec. 4 of Public Law 95-136 (91 Stat. 1167) added subsec. (f).
    ---------------------------------------------------------------------------
              * * * * * * *

                             international program

        Sec. 108.\62\ (a) The Secretary, through the Secretary of
    State, shall--
    ---------------------------------------------------------------------------
        \62\ 16 U.S.C. 1378.
    ---------------------------------------------------------------------------
              (1) initiate negotiations as soon as possible for the
            development of bilateral or multilateral agreements
            with other nations for the protection and conservation
            of all marine mammals covered by this Act;
              (2) \63\ initiate--
    ---------------------------------------------------------------------------
        \63\ Sec. 4(b) of Public Law 100-711 (102 Stat. 4766) redesignated
    the original text of para. (2) as subpara. (A) and added a new subpara.
    (B).
    ---------------------------------------------------------------------------
                      (A) \63\ negotiations as soon as possible
                    with all foreign governments which are engaged
                    in, or which have persons or companies engaged
                    in, commercial fishing operations which are
                    found by the Secretary to be unduly harmful to
                    any species or population stock of marine
                    mammal, for the purpose of entering into
                    bilateral and multilateral treaties with such
                    countries to protect marine mammals, with the
                    Secretary of State to prepare a draft agenda
                    relating to this matter for discussion at
                    appropriate international meetings and forums;
                    \64\
    ---------------------------------------------------------------------------
        \64\ Sec. 4(e) of Public Law 105-42 (111 Stat. 1125) struck out
    ``and'' at the end of subpara. (A), struck out a period at the end of
    subpara. (B) and inserted in lieu thereof a semicolon, and added
    subparas. (C) and (D).
    ---------------------------------------------------------------------------
                      (B) \63\ discussions with foreign governments
                    whose vessels harvest yellowfin tuna with purse
                    seines in the eastern tropical Pacific Ocean,
                    for the purpose of concluding, through the
                    Inter-American Tropical Tuna Commission or such
                    other bilateral or multilateral institutions as
                    may be appropriate, international arrangements
                    for the conservation of marine mammals taken
                    incidentally in the course of harvesting such
                    tuna, which should include provisions for (i)
                    cooperative research into alternative methods
                    of locating and catching yellowfin tuna which
                    do not involve the taking of marine mammals,
                    (ii) cooperative research on the status of
                    affected marine mammal population stocks, (iii)
                    reliable monitoring of the number, rate, and
                    species of marine mammals taken by vessels of
                    harvesting nations, (iv) limitations on
                    incidental take levels based upon the best
                    scientific information available, and (v) the
                    use of the best marine mammal safety techniques
                    and equipment that are economically and
                    technologically practicable to reduce the
                    incidental kill and serious injury of marine
                    mammals to insignificant levels approaching a
                    zero mortality and serious injury rate; \64\
                      (C) \64\ negotiations to revise the
                    Convention for the Establishment of an Inter-
                    American Tropical Tuna Commission (1 U.S.T.
                    230; TIAS 2044) which will incorporate--
                              (i) the conservation and management
                            provisions agreed to by the nations
                            which have signed the Declaration of
                            Panama and in the Straddling Fish
                            Stocks and Highly Migratory Fish Stocks
                            Agreement, as opened for signature on
                            December 4, 1995; and
                              (ii) a revised schedule of annual
                            contributions to the expenses of the
                            Inter-American Tropical Tuna Commission
                            that is equitable to participating
                            nations; and
                      (D) \64\ discussions with those countries
                    participating, or likely to participate, in the
                    International Dolphin Conservation Program, for
                    the purpose of identifying sources of funds
                    needed for research and other measures
                    promoting effective protection of dolphins,
                    other marine species, and the marine ecosystem;
              (3) encourage such other agreements to promote the
            purposes of this Act with other nations for the
            protection of specific ocean and land regions which are
            of special significance to the health and stability of
            marine mammals;
              (4) initiate the amendment of any existing
            international treaty for the protection and
            conservation of any species of marine mammal to which
            the United States is a party in order to make such
            treaty consistent with the purposes and policies of
            this Act;
              (5) seek the convening of an international
            ministerial meeting on marine mammals before July 1,
            1973, for the purposes of (A) the negotiation of a
            binding international convention for the protection and
            conservation of all marine mammals, and (B) the
            implementation of paragraph (3) of this section; and
              (6) provide to the Congress by not later than one
            year after the date of the enactment of this Act a full
            report on the results of his efforts under this
            section.
        (b)(1) In addition to the foregoing, the Secretary shall--
              (A) in consultation with the Marine Mammal Commission
            established by section 201 of this Act, undertake a
            study of the North Pacific fur seals to determine
            whether herds of such seals subject to the jurisdiction
            of the United States are presently at their optimum
            sustainable population and what population trends are
            evident; and
              (B) in consultation with the Secretary of State,
            promptly undertake a comprehensive study of the
            provisions of this Act, as they relate to North Pacific
            fur seals, and the provisions of the North Pacific Fur
            Seal Convention signed on February 9, 1957,\65\ as
            extended (hereafter referred to in this subsection as
            the ``Convention''), to determine what modifications,
            if any, should be made to the provisions of the
            Convention, or of this Act, or both, to make the
            Convention and this Act consistent with each other.
    ---------------------------------------------------------------------------
        \65\ 8 UST 2283; TIAS 3948.
    ---------------------------------------------------------------------------
    The Secretary shall complete the studies required under this
    paragraph not later than one year after the date of enactment
    of this Act and shall immediately provide copies thereof to
    Congress.
        (2) If the Secretary finds--
              (A) as a result of the study required under paragraph
            (1)(A) of this subsection, that the North Pacific fur
            seal herds are below their optimum sustainable
            population and are not trending upward toward such
            level, or have reached their optimum sustainable
            population but are commencing a downward trend, and
            believes the herds to be in danger of depletion; or
              (B) as a result of the study required under paragraph
            (1)(B) of this subsection, that modifications of the
            Convention are desirable to make it and this Act
            consistent;
    he shall, through the Secretary of State, immediately initiate
    negotiations to modify the Convention so as to (i) reduce or
    halt the taking of seals to the extent required to assure that
    such herds attain and remain at their optimum sustainable
    population, or (ii) make the Convention and this Act
    consistent; or both, as the case may be. If negotiations to so
    modify the Convention are unsuccessful, the Secretary shall,
    through the Secretary of State, take such steps as may be
    necessary to continue the existing Convention beyond its
    present termination date so as to continue to protect and
    conserve the North Pacific fur seals and to prevent a return to
    pelagic sealing.
        (c) \66\ The Secretary shall include a description of the
    annual results of discussions initiated and conducted pursuant
    to subsection (a)(2)(B), as well as any proposals for further
    action to achieve the purposes of that subsection, in the
    report required under section 103(f) of this title.
    ---------------------------------------------------------------------------
        \66\ Sec. 4(c) of Public Law 100-711 (102 Stat. 4767) added subsec.
    (c).
    ---------------------------------------------------------------------------
              * * * * * * *

                 application to other treaties and conventions

        Sec. 113.\67\ (a) The provisions of this title shall be
    deemed to be in addition to and not in contravention of the
    provisions of any existing international treaty, convention, or
    agreement, or any statute implementing the same, which may
    otherwise apply to the taking of marine mammals. Upon a finding
    by the Secretary that the provisions of any international
    treaty, convention, or agreement, or any statute implementing
    the same has been made applicable to persons subject to the
    provisions of this title in order to effect essential
    compliance with the regulatory provisions of this chapter so as
    to reduce to the lowest practicable level the taking of marine
    mammals incidental to commercial fishing operations, section
    105 of this title may not apply to such persons.
    ---------------------------------------------------------------------------
        \67\ 16 U.S.C. 1383. Sec. 7(b) of Public Law 103-238 (108 Stat.
    542) added subsec. designation ``(a)'', and added new subsecs. (b),
    (c), and (d).
    ---------------------------------------------------------------------------
        (b) Not later than 1 year after April 30, 1994, the
    Secretary of the Interior shall, in consultation with the
    contracting parties, initiate a review of the effectiveness of
    the Agreement on the Conservation of Polar Bears, as provided
    for in Article IX of the Agreement, and establish a process by
    which future reviews shall be conducted.
        (c) The Secretary of the Interior, in consultation with the
    Secretary of State and the Marine Mammal Commission, shall
    review the effectiveness of United States implementation of the
    Agreement on the Conservation of Polar Bears, particularly with
    respect to the habitat protection mandates contained in Article
    II. The Secretary shall report the results of this review to
    the Committee on Merchant Marine and Fisheries of the House of
    Representatives \68\ and the Committee on Commerce, Science,
    and Transportation of the Senate not later than April 1, 1995.
    ---------------------------------------------------------------------------
        \68\ H. Res. 6, 104th Cong., January 4, 1995 abolished the House
    Committee on Merchant Marine and Fisheries and gave its jurisdiction to
    the Committee on Transportation and Infrastructure, Committee on
    National Security, and Committee on Resources.
        Subsequently, sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187)
    provided that references to the Committee on Merchant Marine and
    Fisheries of the House of Representatives shall be treated as referring
    to--
    ---------------------------------------------------------------------------

      (A) the Committee on Agriculture, in the case of a provision of law
    relating to inspection of seafood or seafood products;

      (B) the Committee on National Security, in the case of a provision of law
    relating to interoceanic canals, the Merchant Marine Academy and State
    Maritime Academies, or national security aspects of merchant marine;

      (C) the Committee on Resources, in the case of a provision of law
    relating to fisheries, wildlife, international fishing agreements, marine
    affairs (including coastal zone management) except for measures relating to
    oil and other pollution of navigable waters, or oceanography;

      (D) the Committee on Science, in the case of a provision of law relating
    to marine research; and

      (E) the Committee on Transportation, in the case of a provision of law
    relating to a matter other than a matter described in any of subparagraphs
    (A) through (D).

        (d) Not later than 6 months after April 30, 1994, the
    Secretary of the Interior, acting through the Secretary of
    State and in consultation with the Marine Mammal Commission and
    the State of Alaska, shall consult with the appropriate
    officials of the Russian Federation on the development and
    implementation of enhanced cooperative research and management
    programs for the conservation of polar bears in Alaska and
    Russia. The Secretary shall report the results of this
    consultation and provide periodic progress reports on the
    research and management programs to the Committee on Merchant
    Marine and Fisheries of the House of Representatives \68\ and
    the Committee on Commerce, Science and Transportation of the
    Senate.
              * * * * * * *

                       TITLE II--MARINE MAMMAL COMMISSION

                          establishment of commission

        Sec. 201.\69\ (a) There is hereby established the Marine
    Mammal Commission (hereafter referred to in this title as the
    ``Commission'').
    ---------------------------------------------------------------------------
        \69\ 16 U.S.C. 1401.
    ---------------------------------------------------------------------------
        (b)(1) Effective September 1, 1982, the Commission shall be
    composed of three members who shall be appointed by the
    President, by and with the advice and consent of the
    Senate.\70\ The President shall make his selection from a list
    of individuals knowledgeable in the fields of marine ecology
    and resource management, and who are not in a position to
    profit from the taking of marine mammals. Such list shall be
    submitted to him by the Chairman of the Council on
    Environmental Quality and unanimously agreed to by that
    Chairman, the Secretary of the Smithsonian Institution, the
    Director of the National Science Foundation and the Chairman of
    the National Academy of Sciences.\71\ No member of the
    Commission may, during his period of service on the Commission,
    hold any other position as an officer or employee of the United
    States except as a retired officer or retired civilian employee
    of the United States.
    ---------------------------------------------------------------------------
        \70\ Sec. 202 of Public Law 97-389 (96 Stat. 1961) amended and
    restated this sentence.
        \71\ Sec. 103(a) of Public Law 98-364 (98 Stat. 441) struck out the
    second sentence in para. (1) and inserted in lieu thereof text to this
    point beginning with ``The President shall make * * *''. The struck out
    sentence read as follows: ``The President shall make his selection from
    a list, submitted to him by the Chairman of the Council on
    Environmental Quality, the Secretary of the Smithsonian Institution,
    the Director of the National Science Foundation, and the Chairman of
    the National Academy of Sciences, of individuals knowledgeable in the
    fields of marine ecology and resource management, and who are not in a
    position to profit from the taking of marine mammals.''.
    ---------------------------------------------------------------------------
        (2) The term of office for each member shall be three
    years; except that of the members initially appointed to the
    Commission, the term of one member shall be for one year, the
    term of one member shall be for two years, and the term of one
    member shall be for three years. No member is eligible for
    reappointment; except that any member appointed to fill a
    vacancy occurring before the expiration of the term for which
    his predecessor was appointed (A) shall be appointed for the
    remainder of such term, and (B) is eligible for reappointment
    for one full term. A member may serve after the expiration of
    this term until his successor has taken office.
        (c) The President shall designate a Chairman of the
    Commission (hereafter referred to in this title as the
    ``Chairman'') from among its members.
        (d) Members of the Commission shall each be compensated at
    a rate equal to the daily equivalent of the rate for GS-18 of
    the General Schedule under section 5332 of title 5, United
    States Code, for each day such member is engaged in the actual
    performance of duties vested in the Commission. Each member
    shall be reimbursed for travel expenses, including per diem in
    lieu of subsistence, as authorized by section 5703 of title 5,
    United States Code, for persons in Government service employed
    intermittently.
        (e) The Commission shall have an Executive Director, who
    shall be appointed (without regard to the provisions of title
    5, United States Code, governing appointments in the
    competitive service) by the Chairman with the approval of the
    Commission and shall be paid at a rate not in excess of the
    rate for GS-18 of the General Schedule under section 5332 of
    title 5, United States Code. The Executive Director Shall have
    such duties as the Chairman may assign.

                              duties of commission

        Sec. 202.\72\ (a) The Commission shall--
    ---------------------------------------------------------------------------
        \72\ 16 U.S.C. 1402.
    ---------------------------------------------------------------------------
              (1) undertake a review and study of the activities of
            the United States pursuant to existing laws and
            international conventions relating to marine mammals,
            including, but not limited to, the International
            Convention for the Regulation of Whaling, the Whaling
            Convention Act of 1949, the Interim Convention on the
            Conservation of North Pacific Fur Seals, and the Fur
            Seal Act of 1966; \73\
    ---------------------------------------------------------------------------
        \73\ 80 Stat. 1091; 16 U.S.C. 1151 note.
    ---------------------------------------------------------------------------
              (2) conduct a continuing review of the condition of
            the stocks of marine mammals of methods for their
            protection and conservation, or humane means of taking
            marine mammals, of research programs conducted or
            proposed to be conducted under the authority of this
            Act, and of all applications for permits for scientific
            research, public display, or enhancing the survival or
            recovery of a species or stock; \74\
    ---------------------------------------------------------------------------
        \74\ Sec. 5(e)(4) of Public Law 100-711 (102 Stat. 4771) inserted
    ``, public display, or enhancing the survival or recovery of a species
    or stock''.
    ---------------------------------------------------------------------------
              (3) undertake or cause to be undertaken such other
            studies as it deems necessary or desirable in
            connection with its assigned duties as to the
            protection and conservation of marine mammals;
              (4) recommend to the Secretary and to other Federal
            officials such steps as it deems necessary or desirable
            for the protection and conservation of marine mammals.
              (5) recommend to the Secretary of State appropriate
            policies regarding existing international arrangements
            for the protection and conservation of marine mammals,
            and suggest appropriate international arrangements for
            the protection and conservation of marine mammals;
              (6) recommend to the Secretary such revisions of the
            endangered species list and threatened species list
            published pursuant to section 1533(c)(1) of this title
            as may be appropriate with regard to marine mammals;
            and
              (7) recommend to the Secretary, other appropriate
            Federal officials, and Congress such additional
            measures as it deems necessary or desirable to further
            the policies of this Act, including provisions for the
            protection of the Indians, Eskimos, and Aleuts whose
            livelihood may be adversely affected by actions taken
            pursuant to this Act.
        (b) The Commission shall consult with the Secretary at such
    intervals as it or he may deem desirable, and shall provide
    each annual report required under section 204, before
    submission to Congress, to the Secretary for comment.\75\
    ---------------------------------------------------------------------------
        \75\ Sec. 6(1) of Public Law 97-58 (95 Stat. 987) struck out a
    general reference to reports and recommendations of the Commission and
    inserted in lieu thereof the reference to the report required under
    sec. 204.
    ---------------------------------------------------------------------------
        (c) The reports and recommendations which the Commission
    makes shall be matters of public record and shall be available
    to the public at all reasonable times. All other activities of
    the Commission shall be matters of public record and available
    to the public in accordance with the provisions of section 552
    of title 5, United States Code.
        (d) Any recommendations made by the Commission to the
    Secretary and other Federal officials shall be responded to by
    those individuals within one hundred and twenty days after
    receipt thereof. Any recommendations which are not followed or
    adopted shall be referred to the Commission together with a
    detailed explanation of the reasons why those recommendations
    were not followed or adopted.
              * * * * * * *

                               commission reports

        Sec. 204.\76\ The Commission shall transmit to Congress, by
    January 31 of each year, a report which shall include--
    ---------------------------------------------------------------------------
        \76\ 16 U.S.C. 1404.
    ---------------------------------------------------------------------------
              (1) a description of the activities and
            accomplishments of the Commission during the
            immediately preceding year; and
              (2) all the findings and recommendations made by and
            to the Commission pursuant to section 202 of this Act
            together with the responses made to these
            recommendations.
              * * * * * * *

                        authorization of appropriations

        Sec. 207.\77\ There are authorized to be appropriated to
    the Marine Mammal Commission, for purposes of carrying out this
    title, $1,500,000 for fiscal year 1994, $1,550,000 for fiscal
    year 1995, $1,600,000 for fiscal year 1996, $1,650,000 for
    fiscal year 1997, $1,700,000 for fiscal year 1998, and
    $1,750,000 for fiscal year 1999.
    ---------------------------------------------------------------------------
        \77\ Sec. 3 of Public Law 95-136 (91 Stat. 1167) amended and
    restated sec. 207. Subsequently, sec. 207 was amended by sec. 4 of
    Public Law 95-316 (92 Stat. 381), and further amended and restated by
    sec. 9(b) of Public Law 103-238 (108 Stat. 543).
    ---------------------------------------------------------------------------

           TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM \78\

              * * * * * * *
    ---------------------------------------------------------------------------
        \78\ Sec. 2(a) of the International Dolphin Conservation Act of
    1992 (Public Law 102-523; 106 Stat. 3425) added title III. Sec. 6(a) of
    Public Law 105-42 (111 Stat. 1129) amended the heading of title III,
    which previously read as follows: ``GLOBAL MORATORIUM TO PROHIBIT
    CERTAIN TUNA HARVESTING PRACTICES''.
        The text of title III can be found on page 236 of this volume.
             18. Fishermen's Protective Act of 1967, as amended \1\

    Public Law 83-680 [H.R. 9584], 68 Stat. 883, approved August 27, 1954;
       as amended by Public Law 90-482 [S. 2261], 82 Stat. 729, approved
    August 12, 1968; Public Law 92-219 [H.R. 3304], 85 Stat. 286, approved
        December 23, 1971; Public Law 92-569 [H.R. 7117], 86 Stat. 182,
    approved October 26, 1972; Public Law 92-594 [S. 3545], 86 Stat. 1313,
    approved October 27, 1972; Public Law 94-265 [Fishery Conservation and
    Management Act of 1976; H.R. 200], 90 Stat. 331 at 360, approved April
     13, 1976; Public Law 94-273 [Fiscal Year Adjustment Act; S. 2445], 90
    Stat. 375 at 377, approved April 21, 1976; Public Law 95-194 [S. 1184],
      91 Stat. 1413, approved November 18, 1977; Public Law 95-376 [H.R.
     10878], 92 Stat. 714, approved September 18, 1978; Public Law 95-541
        [Antarctic Conservation Act of 1978; H.R. 7749], 92 Stat. 2048,
      approved October 28, 1978; Public Law 96-61 [S. 917], 96 Stat. 407,
    approved August 15, 1979; Public Law 96-289 [H.R. 6614], 94 Stat. 605,
    approved June 28, 1980; Public Law 96-561 [American Fisheries Promotion
       Act; S. 2163], 94 Stat. 3275 at 3301, approved December 22, 1980;
     Public Law 97-68 [S. 1191], 95 Stat. 1040, approved October 26, 1981;
     Public Law 98-364 [H.R. 4997], 98 Stat. 440 at 444, approved July 17,
    1984; Public Law 99-659 [S. 991], 100 Stat. 3706; approved November 14,
    1986; Public Law 100-151 [H.R. 2893], 101 Stat. 884, approved November
     3, 1987; Public Law 100-350 [H.R. 4621], 102 Stat. 660, approved June
    27, 1988; Public Law 100-711 [Mammal Protection Act Amendments of 1988;
    H.R. 4189], 102 Stat. 4755 at 4772, approved November 23, 1988; Public
     Law 101-627 [Fishery Conservation Amendments of 1990; H.R. 2061], 104
     Stat. 4436, approved November 28, 1990; Public Law 102-582 [High Seas
        Driftnet Fisheries Enforcement Act; H.R. 2152], 106 Stat. 4900,
     approved November 2, 1992; Public Law 104-43 [Fisheries Act of 1995;
    H.R. 716], 109 Stat. 366, approved November 3, 1995; Public Law 104-208
    [Department of Commerce and Related Agencies Appropriations Act; title
      II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110
          Stat. 3009, approved September 30, 1996; Public Law 106-36
    [Miscellaneous Trade and Technical Corrections Act of 1999; H.R. 435],
    113 Stat. 127, approved June 25, 1999; Public Law 106-450 [Fishermen's
    Protective Act Amendments of 2000; H.R. 1651], 114 Stat. 1941, approved
     November 7, 2000; Public Law 107-228 [Foreign Relations Authorization
     Act, Fiscal Year 2003; H.R. 1646], 116 Stat. 1350, approved September
     30, 2002; and Public Law 108-219 [H.R. 2584], 118 Stat. 615, approved
                                 April 13, 2004

      AN ACT To protect the rights of vessels of the United States on the
           high seas and in territorial waters of foreign countries.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That for
    the purposes of this Act \2\ the term ``vessel of the United
    States'' shall mean any private vessel documented or
    certificated under the laws of the United States.
    Notwithstanding any other law, the documentation or
    certification of any such vessel shall not be considered to be
    affected, for the purposes of this Act, in any manner or to any
    extent if at any time during any voyage for the purpose of
    fishing beyond the fishery conservation zone (as defined in
    section 3(8) of the Magnuson-Stevens Fishery Conservation and
    Management Act (16 U.S.C. 1802(8)),\3\ the vessel is commanded
    by other than a citizen of the United States.\4\
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        \1\ Public Law 90-482 (92 Stat. 729) provided that this Act may be
    cited as the ``Fishermen's Protective Act of 1967''.
        \2\ 22 U.S.C. 1971.
        \3\ Now the ``exclusive economic zone''. For definition, see sec.
    3(6) of the Magnuson-Stevens Fishery Conservation and Management Act.
    See also Presidential Proclamation No. 5030 (48 F.R. 10605).
        Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
        \4\ Sec. 14 of Public Law 95-541 (92 Stat. 2057) added this
    sentence.
    ---------------------------------------------------------------------------
        Sec. 2.\5\ If--
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 1972. Sec. 403(a) of the Magnuson Fishery
    Conservation and Management Act of 1976 (Public Law 94-265; 90 Stat.
    360) amended and restated sec. 2. The amendments made by Sec. 403
    became effective on March 1, 1977. Sec. 2 formerly read as follows:
        ``Sec. 2. In any case where--
        ``(a) a vessel of the United States is seized by a foreign country
    on the basis of rights or claims in territorial waters or the high seas
    which are not recognized by the United States; and
        ``(b) there is no dispute of material facts with respect to the
    location or activity of such vessel at the time of such seizure, the
    Secretary of State shall as soon as practicable take such action as he
    deems appropriate to attend to the welfare of such vessel and its crew
    while it is held by such country to secure the release of such vessel
    and crew, and to immediately ascertain the amount of any fine, fee, or
    other direct charge which may be reimbursable under section 3(a).''.
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              (1) \6\ any vessel of the United States is seized by
            a foreign country on the basis of claims to
            jurisdiction that are not recognized by the United
            States, or on the basis of claims to jurisdiction
            recognized by the United States but exercised in a
            manner inconsistent with international law as
            recognized by the United States;
    ---------------------------------------------------------------------------
        \6\ Sec. 303(a)(1) of Public Law 98-364 (98 Stat. 444) amended and
    restated para. (1), which formerly read as follows:
        ``(1) any vessel of the United States is seized by a foreign
    country on the basis of claims by territorial waters or the high seas
    which are not recognized by the United States; or''.
        Sec. 303(c) of Public law 98-364 further stated that this amendment
    would apply with respect to seizures made after April 1, 1983, by
    foreign countries of vessels of the United States.
    ---------------------------------------------------------------------------
              (2) any general claim of any foreign country to
            exclusive fishery management authority is recognized by
            the United States, and any vessel of the United States
            is seized by such foreign country on the basis of
            conditions and restrictions under such claim, if such
            conditions and restrictions--
                      (A) are unrelated to fishery conservation and
                    management,
                      (B) fail to consider and take into account
                    traditional fishing practices of vessels of the
                    United States,
                      (C) are greater or more onerous than the
                    conditions and restrictions which the United
                    States applies to foreign fishing vessels
                    subject to the exclusive fishery management
                    authority of the United States (as established
                    in title I of the Magnuson-Stevens Fishery
                    Conservation and Management Act),\7\ or
    ---------------------------------------------------------------------------
        \7\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
                      (D) fail to allow fishing vessels of the
                    United States equitable access to fish subject
                    to such country's exclusive fishery management
                    authority;
    the Secretary of State, unless there is clear and convincing
    credible evidence that the seizure did not meet the
    requirements under paragraph (1) or (2), as the case may be,
    shall immediately take such steps as are necessary--\8\
    ---------------------------------------------------------------------------
        \8\ Sec. 303(a)(2) of Public Law 98-364 (98 Stat. 444) struck out
    ``and there is no dispute as to the material facts with respect to the
    location or activity of such vessel at the time of such seizure, the
    Secretary of State shall immediately take such steps as are necessary--
    '' and inserted in lieu thereof the text to this point after ``(D)''.
        Sec. 303(c) of Public Law 98-364 further stated that this amendment
    would apply with respect to seizures made after April 1, 1983, by
    foreign countries of vessels of the United States.
    ---------------------------------------------------------------------------
                      (i) for the protection of such vessel and for
                    the health and welfare of its crew;
                      (ii) to secure the release of such vessel and
                    its crew; and
                      (iii) to determine the amount of any fine,
                    license fee, registration fee, or other direct
                    charge reimbursable under section 3(a) of this
                    Act.
        Sec. 3.\9\ (a) In any case where a vessel of the United
    States is seized by a foreign country under the conditions of
    section 2 and a fine, license fee, registration fee, or any
    other direct charge \9\ must be paid in order to secure the
    prompt release of the vessel and crew, the owners of the vessel
    shall be reimbursed by the Secretary of State in the amount
    certified by him \10\ as being the amount of the fine, license
    fee, registration fee, or any other direct charge actually
    paid. For purposes of this section, the term ``other direct
    charge'' means any levy, however characterized or computed
    (including, but not limited to, any computation based on the
    value of a vessel or the value of fish or other property on
    board a vessel), which is imposed in addition to any fine,
    license fee, or registration fee.\11\ Any reimbursement under
    this section shall be made from the Fishermen's Protective Fund
    established pursuant to section 9.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 1973. Public Law 90-482 (92 Stat. 729) inserted
    ``license fee, registration fee, or any other direct charge.'' Public
    Law 92-569 (100 Stat. 3706) redesignated sec. 3 as sec. 3(a), added the
    last sentence, and added a new subsec. (b).
        Public Law 92-569 also provided:
        ``Sec. 6. The amendment made by this Act shall apply with respect
    to seizures of vessels of the United States occurring on or after the
    date of the enactment of this Act; except that reimbursements under
    section 3 of the Fishermen's Protective Act of 1967 (as in effect
    before such date of enactment) may be made from the fund established by
    the amendment made by section 5 of this Act with respect to any seizure
    of a vessel occurring before such date of enactment and after December
    31, 1970, if no reimbursement was made before such date of
    enactment.''.
        \10\ Sec. 302(a)(1) of Public Law 98-364 (98 Stat. 444) struck out
    ``Secretary of the Treasury in the amount certified to him by the
    Secretary of State'' and inserted in lieu thereof ``Secretary of State
    in the amount certified by him''.
        \11\ Sec. 403(a)(2) of the Magnuson Fishery Conservation and
    Management Act of 1976 (Public Law 94-265; 90 Stat. 360) added this
    sentence. This amendment applies to seizures of vessels of the United
    States occurring on or after December 31, 1974.
    ---------------------------------------------------------------------------
        (b) \9\ The Secretary of State shall make a determination
    and \12\ certification under subsection (a) of this section as
    soon as possible after he is notified pursuant to section 2(b)
    of the amounts of the fines, fees, and other direct charges
    which were paid by the owners to secure the release of their
    vessel and crew. The amount of reimbursement made by the
    Secretary of State \12\ to the owners of any vessel under
    subsection (a) of this section shall constitute a lien on the
    vessel which may be recovered in proceedings by libel in rem in
    the district court of the United States for any district within
    which the vessel may be. Any such lien shall terminate on the
    ninetieth day after the date on which the Secretary of State
    \12\ reimburses the owners under this section unless before
    such ninetieth day the United States initiates action to
    enforce the lien.
    ---------------------------------------------------------------------------
        \12\ Sec. 302(a)(2) of Public Law 98-364 (98 Stat. 444) inserted
    ``determination and'', and struck out ``Secretary of the Treasury'' and
    inserted in lieu thereof ``Secretary of State''.
    ---------------------------------------------------------------------------
        Sec. 4.\13\ The provisions of this Act shall not apply with
    respect to a seizure made by a country at war with the United
    States or a seizure made in accordance with the provisions of
    any applicable convention or treaty, if that treaty or
    convention was made with advice and consent to the Senate and
    was in force and effect for the United States and the seizing
    country at the time of the seizure.\14\
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 1974.
        \14\ Sec. 303(b) of Public Law 98-364 (98 Stat. 444) struck out
    ``any fishery convention or treaty to which the United States is a
    party.'' and inserted in lieu thereof ``any applicable convention or
    treaty, if that treaty or convention was made with advice and consent
    to the Senate and was in force and effect for the United States and the
    seizing country at the time of the seizure.''. Sec. 303(c) of Public
    Law 98-364 further stated that this amendment would apply with respect
    to seizures made after April 1, 1983, by foreign countries of vessels
    of the United States.
    ---------------------------------------------------------------------------
        Sec. 5.\15\ (a) The Secretary of State shall--
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 1975. Public Law 92-569 amended and restated sec. 5.
    Previously, sec. 5 read as follows:
        ``The Secretary of State shall take such action as he may deem
    appropriate to make and collect claims against a foreign country for
    amounts expended by the United States under the provisions of this Act
    (including payments made pursuant to section 7) because of the seizure
    of a vessel of the United States by such country. If such country fails
    or refuses to make payment in full within one hundred and twenty days
    after receiving notice of any such claim of the United States, the
    Secretary of State shall withhold, pending such payment, an amount
    equal to such unpaid claim from any funds programed for the current
    fiscal year for assistance to the government of such country (as shown
    in materials concerning such fiscal year presented to the Congress in
    connection with its consideration of amendments to the Foreign
    Assistance Act of 1961). Amounts withheld under this section shall not
    constitute satisfaction of any such claim of the United States against
    each foreign country.''.
        Public Law 92-569 (86 Stat. 182) also provided:
        ``Sec. 6. The amendment made by this Act shall apply with respect
    to seizures of vessels of the United States occurring on or after the
    date of the enactment of this Act; except that reimbursements under
    section 3 of the Fishermen's Protective Act of 1967 (as in effect
    before such date of enactment) may be made from the fund established by
    the amendment made by section 5 of this Act with respect to any seizure
    of a vessel occurring before such date of enactment and after December
    31, 1970, if no reimbursement was made before such date of
    enactment.''.
        Previously, Public Law 90-482 (82 Stat. 729) amended and restated
    sec. 5.
    ---------------------------------------------------------------------------
              (1) immediately notify a foreign country of--
                      (A) any reimbursement made by him \16\ under
                    section 3 as a result of the seizure of a
                    vessel of the United States by such country;
    ---------------------------------------------------------------------------
        \16\ Sec. 302(b) of Public Law 98-364 (98 Stat. 444) struck out
    ``Secretary of the Treasury'' and inserted in lieu thereof ``him''.
    ---------------------------------------------------------------------------
                      (B) any payment made pursuant to section 7 in
                    connection with such seizure, and
              (2) take such action as he deems appropriate to make
            and collect claims against such foreign country for the
            amounts so reimbursed and payments so made.
        (b) If a foreign country fails or refuses to make payment
    in full on any claim made under subsection (a)(2) of this
    section within one hundred and twenty days after the date on
    which such country is notified pursuant to subsection (a)(1) of
    this section, the Secretary of State shall transfer an amount
    equal to such unpaid claim or unpaid portion thereof from any
    funds appropriated by Congress and programed for the current
    fiscal year for assistance to the government of such country
    under the Foreign Assistance Act of 1961 unless the President
    \17\ certifies to the Congress that it is in the national
    interest not to do so in the particular instance (and if such
    funds are insufficient to cover such claim, transfer shall be
    made from any funds so appropriated and programed for the next
    and any succeeding fiscal year) to (1) the Fishermen's
    Protective Fund established pursuant to section 9 if the amount
    is transferred with respect to an unpaid claim for a
    reimbursement made under section 3, or (2) the separate account
    established in the Treasury of the United States pursuant to
    section 7(c) if the amount is transferred with respect to an
    unpaid claim for a payment made under section 7(a). Amounts
    transferred under this section shall not constitute
    satisfaction of any such claim of the United States against
    such foreign country.
    ---------------------------------------------------------------------------
        \17\ Executive Order 11772 (March 21, 1974; 39 F.R. 10879) provided
    the following:
    ---------------------------------------------------------------------------

    ``Delegating Certain Authority of the President to the Secretary of State
    ---------------------------------------------------------------------------

        ``By virtue of the authority vested in me by the Fishermen's
    Protective Act of 1967, as amended (22 U.S.C. 1971, et seq.), and
    Section 301 of Title 3 of the United States Code, and as President of
    the United States of America, the Secretary of State is hereby
    designated and empowered to exercise, without ratification, or other
    action of the President, the function conferred upon the President by
    Section 5(b) of the Fishermen's Protective Act of 1967, as amended, of
    certifying to the Congress that it is in the national interest not to
    transfer to the Fishermen's Protective Fund or to the separate account
    established under the Act, pursuant to that Section, amounts
    appropriated by the Congress and programmed for assistance under the
    Foreign Assistance Act of 1961.''.
        Authority vested in the President in sec. 5(b), delegated to the
    Secretary of State by Executive Order 12772, was further delegated to
    the Under Secretary of State for Political Affairs by Delegation of
    Authority No. 193 (Public Notice 1555; 57 F.R. 2298; January 7, 1992),
    as amended by Delegation of Authority No. 193-1 (Public Notice 1576; 57
    F.R. 6635; February 5, 1992).
    ---------------------------------------------------------------------------
        Sec. 6.\18\ There are authorized to be appropriated such
    amounts as may be necessary to carry out the provisions of this
    Act.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 1976.
    ---------------------------------------------------------------------------
        Sec. 7.\19\ (a) The Secretary, upon receipt of an
    application filed with him at any time after the effective date
    of this section by the owner of any vessel of the United States
    which is documented or certificated as a commercial fishing
    vessel, shall enter into an agreement with such owner subject
    to the provisions of this section and such other terms and
    conditions as the Secretary deems appropriate. Such agreement
    shall provide that, if said vessel is seized by a foreign
    country and detained under the conditions of section 2 of this
    Act, the Secretary shall guarantee--
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 1977. Public Law 90-482 (82 Stat. 729) added sec. 7.
        Sec. 5502 of Public Law 102-587 (106 Stat. 5085) provided the
    following:
    ---------------------------------------------------------------------------

    ``sec. 5502. treatment of certain seized fishing vessels under fishermen's
    protective act of 1967.
    ---------------------------------------------------------------------------

        ``(a) Notwithstanding another law, each of the vessels described in
    subsection (b) of this section is deemed to have been covered by an
    agreement, beginning August 13, 1992, and ending September 29, 1992,
    with the Secretary of State under section 7 of the Fishermen's
    Protective Act of 1967 (22 U.S.C. 1977).
        ``(b) The vessels referred to in subsection (a) are the following:
    ---------------------------------------------------------------------------

      ``(1) THE KANAOLA (United States official number 923848).

      ``(2) THE MANA LOA (United States official number 919649).

      ``(3) THE MANA OLA (United States official number 902605).

      ``(4) THE MANA IKI (United States official number 906800).''.

              (1) the owner of such vessel for all actual costs,
            except those covered by section 3 of this Act, incurred
            by the owner during the seizure and detention period
            and as a direct result thereof, as determined by the
            Secretary, resulting (A) from any damage to, or
            destruction of, such vessel, or its fishing gear or
            other equipment, (B) from the loss of confiscation of
            such vessel, gear, or equipment, or (C) from dockage
            fees or utilities;
              (2) the owner of such vessel and its crew for the
            market value of fish caught before seizure of such
            vessel and confiscated or spoiled during the period of
            detention; and
              (3) the owner of such vessel and its crew for not to
            exceed 50 per centum of the gross income lost as a
            direct result of such seizure and detention, as
            determined by the Secretary of State,\20\ based on the
            value of the average catch per day's fishing during the
            three most recent calendar years immediately preceding
            such seizure and detention of the vessel seized, or, if
            such experience is not available, then of all
            commercial fishing vessels of the United States engaged
            in the same fishery as that of the type and size of the
            seized vessel.
    ---------------------------------------------------------------------------
        \20\ Sec. 209 of Public Law 107-228 (116 Stat. 1364) struck out
    ``Secretary of Commerce'' and inserted in lieu thereof ``Secretary of
    State''. Previously, sec. 102(b) of Public Law 106-450 (114 Stat. 1941)
    struck out ``Secretary of the Interior'' and inserted in lieu thereof
    ``Secretary of Commerce''.
    ---------------------------------------------------------------------------
        (b) Payments made by the Secretary under paragraphs (2) and
    (3) of subsection (a) of this section shall be distributed by
    the Secretary in accordance with the usual practices and
    procedures of the particular segment of the United States
    commercial fishing industry to which the seized vessel belongs
    relative to the sale of fish caught and the distribution of the
    proceeds of such sale.
        (c) The Secretary shall from time to time establish by
    regulation fees which shall be paid by the owners of vessels
    entering into agreements under this section. Such fees shall be
    adequate (1) to recover the costs of administering this
    section, and (2) to cover a reasonable portion of any payments
    made by the Secretary under this section.\21\ All fees
    collected by the Secretary shall be credited to a separate
    account established in the Treasury of the United States which
    shall remain available without fiscal year limitation to carry
    out the provisions of this section. Those fees not currently
    needed for payments under this section shall be kept on deposit
    or invested in obligations of, or guaranteed by, the United
    States and all revenues accruing from such deposits or
    investments shall be credited to such separate account.\22\ If
    a transfer of funds is made to the separate account under
    section 5(b)(2) with respect to an unpaid claim and such claim
    is later paid, the amount so paid shall be covered into the
    Treasury as miscellaneous receipts.\23\ All payments under this
    section shall be made first out of such fees so long as they
    are available, and thereafter out of funds which are hereby
    authorized to be appropriated to such account to carry out the
    provisions of this section.
    ---------------------------------------------------------------------------
        \21\ Sec. 403(a) of Public Law 104-43 (109 Stat. 390) struck out a
    sentence which previously appeared at this point and read: ``The amount
    fixed by the Secretary shall be predicated upon at least 33\1/3\ per
    centum of the contribution by the Government.''.
        \22\ Sec. 1 of Public Law 97-68 (95 Stat. 1040) added this
    sentence.
        \23\ Sec. 4 of Public Law 92-569 (86 Stat. 1183) added this
    sentence.
        Public Law 92-569 (October 26, 1972) also provided:
        ``Sec. 6. The amendment made by this Act shall apply with respect
    to seizures of vessels of the United States occurring on or after the
    date of the enactment of this Act; except that reimbursements under
    section 3 of the Fishermen's Protective Act of 1967 (as in effect
    before such date of enactment) may be made from the fund established by
    the amendment made by section 5 of this Act with respect to any seizure
    of a vessel occurring before such date of enactment and after December
    31, 1970, if no reimbursement was made before such date of
    enactment.''.
    ---------------------------------------------------------------------------
        (d) All determinations made under this section shall be
    final. No payment under this section shall be made with respect
    to any losses covered by any policy of insurance or other
    provision of law.
        (e) \24\ The provisions of this section shall be effective
    until October 1, 2008; except that payments may be made under
    this section only to such extent and in such amounts as are
    provided in advance in appropriation Acts.
    ---------------------------------------------------------------------------
        \24\ Sec. 1 of Public Law 95-376 (92 Stat. 714) extended the date
    from October 1, 1977, to October 1, 1981, and added the text beginning
    with ``except that * * *''. The date was further extended to October 1,
    1984, by sec. 1(2) of Public Law 97-68 (95 Stat. 1040); to October 1,
    1987, by sec. 301 of Public Law 98-364 (98 Stat. 444); to October 1,
    1988, by sec. 2 of Public Law 100-151 (101 Stat. 884); to October 1,
    1989, by sec. 2 of Public Law 100-350 (102 Stat. 660); to October 1,
    1993 by sec. 301 of Public Law 101-627 (104 Stat. 4462); to October 1,
    2000, by sec. 403(b) of Public Law 104-43 (109 Stat. 390); to October
    1, 2003, by sec. 102(a) of Public Law 106-450 (114 Stat. 1941); and to
    October 1, 2008 by sec. 302 of Public Law 108-219 (118 Stat. 616).
    ---------------------------------------------------------------------------
        (f) For the purposes of this section--
              (1) the term ``Secretary'' means the Secretary of
            State.\25\
    ---------------------------------------------------------------------------
        \25\ Sec. 408 of Public Law 99-659 (100 Stat. 3740) struck out
    ``Secretary of Commerce'' and inserted in lieu thereof ``Secretary of
    State''. Previously, Public Law 92-594 (86 Stat. 1313) struck out
    ``Secretary of the Interior'' and inserted in lieu thereof ``Secretary
    of Commerce''.
    ---------------------------------------------------------------------------
              (2) the term ``owner'' includes any charterer of a
            commercial fishing vessel.
        Sec. 8.\26\ (a)(1) \27\ When the Secretary of Commerce
    determines that nationals of a foreign country, directly or
    indirectly, are conducting fishing operations in a manner or
    under circumstances which diminish the effectiveness of an
    international fishery conservation program, the Secretary of
    Commerce shall certify such fact to the President.
    ---------------------------------------------------------------------------
        \26\ 22 U.S.C. 1978.  Public Law 92-219 added sec. 8. Popularly
    referred to as the ``Pelly Amendment''.
        \27\ Sec. 2(1) of Public Law 95-376 (92 Stat. 714) added the
    paragraph designation ``(1)'', struck out the last sentence of subsec.
    (a), and added new paras. (2) and (3).  Subsequently, sec. 3(6) of
    Public Law 96-61 (93 Stat. 408) redesignated para. (3) as para. (4).
    ---------------------------------------------------------------------------
        (2) \27\ When the Secretary of Commerce or the Secretary of
    the Interior finds that nationals of a foreign country,
    directly or indirectly, are engaging in trade or taking which
    diminishes the effectiveness of any international program for
    endangered or threatened species, the Secretary making such
    finding shall certify such fact to the President.
        (3) \28\ in administering this subsection, the Secretary of
    Commerce or the Secretary of the Interior, as appropriate,
    shall--
    ---------------------------------------------------------------------------
        \28\ Sec. 3(b) of Public Law 96-61 (93 Stat. 408) added para. (3).
    ---------------------------------------------------------------------------
              (A) periodically monitor the activities of foreign
            nationals that may affect the international programs
            referred to in paragraphs (1) and (2);
              (B) promptly investigate any activity by foreign
            nationals that, in the opinion of the Secretary, may be
            cause for certification under paragraph (1) or (2); and
              (C) Promptly conclude; and reach a decision with
            respect to; any investigation commenced under
            subparagraph (B).
        (4) \27\, \29\ Upon receipt of any certification
    made under paragraph (1) or (2), the President may direct the
    Secretary of the Treasury to prohibit the bringing or the
    importation into the United States of any products from the
    offending country for any duration \30\ as the President
    determines appropriate and to the extent that such prohibition
    is sanctioned by the World Trade Organization (as defined in
    section 2(8) of the Uruguay Round Agreements Act) or the
    multilateral trade agreements (as defined in section 2(4) of
    that Act).\31\
    ---------------------------------------------------------------------------
        \29\ The President issued a memorandum for the Secretary of the
    Treasury on August 2, 1994 (59 F.R. 40463), which stated:
        ``Pursuant to the authority vested in me by the Constitution and
    under section 8(a)(4) of the Fishermen's Protective Act of 1967, as
    amended (22 U.S.C. 1978(a)(4)), I decided on April 11, 1994, to
    prohibit the bringing or importation into the United States of fish and
    wildlife products of Taiwan. I hereby direct you, in consultation with
    the Secretary of the Interior, to prohibit the importation of fish or
    wildlife, as defined in 16 U.S.C. 3371 and 50 CFR 10.12, and their
    parts and products, of Taiwan to which but for these prohibitions, the
    import declaration requirements in 50 CFR 14.61 would apply. These
    prohibitions do not apply to those articles described in 50 CFR 14.62,
    which are excepted from the import declaration requirements. The
    prohibited articles include but are not limited to: (a) reptile leather
    shoes, handbags, and other reptile leather articles and products; (b)
    jewelry made from coral, mussel shells, and bone; (c) edible frogs'
    legs; (d) live goldfish and tropical fish for the aquarium trade; and
    (e) bird feathers, down, and specimens. These import prohibitions shall
    apply to fish or wildlife and their parts and products as described
    above that are exported to the United States after 10 days from the
    date of the publication of this memorandum and shall remain in effect
    until such time as I determine.''.
        \30\ Sec. 201(a)(1) of Public Law 102-582 (106 Stat. 4904) struck
    out ``fish products (if the certification is made under paragraph (1))
    or wildlife products (if the certification is made under paragraph (2))
    from the offending country for such duration'' and inserted in lieu
    thereof ``any products from the offending country for any duration''.
        \31\ Sec. 1002(d) of Public Law 106-36 (113 Stat. 133) struck out
    ``General Agreement on Tariffs and Trade'' and inserted in lieu thereof
    ``World Trade Organization (as defined in section 2(8) of the Uruguay
    Round Agreements Act) or the multilateral trade agreements (as defined
    in section 2(4) of that Act)''.
    ---------------------------------------------------------------------------
        (b) Within sixty days following certification by the
    Secretary of Commerce, or the Secretary of the Interior,\32\
    the President shall notify the Congress of any action taken by
    him pursuant to such certification. In the event the President
    fails to direct the Secretary of the Treasury to prohibit the
    importation of fish products or wildlife products \33\ of the
    offending country, or if such prohibition does not cover all
    fish products or wildlife products \33\ of the offending
    country, the President shall inform the Congress of the reasons
    therefore.
    ---------------------------------------------------------------------------
        \32\ Sec. 2(2)(A) of Public Law 95-376 (92 Stat. 714) added the
    reference to the Secretary of the Interior.
        \33\ Sec. 2 of Public Law 95-376 (92 Stat. 714) inserted ``or
    wildlife products''.
    ---------------------------------------------------------------------------
        (c) It shall be unlawful for any person subject to the
    jurisdiction of the United States knowingly to bring or import
    into, or cause to be imported into, the United States any
    products \34\ prohibited by the Secretary of the Treasury
    pursuant to this section.
    ---------------------------------------------------------------------------
        \34\ Sec. 201(a) of Public Law 102-582 (106 Stat. 4904) struck out
    ``fish products or wildlife products'' and inserted in lieu thereof
    ``products''. Previously, sec. 2 of Public Law 95-376 (92 Stat. 714)
    inserted ``or wildlife products''.
    ---------------------------------------------------------------------------
        (d) \35\ After making a certification to the President
    under subsection (a), the Secretary of Commerce or the
    Secretary of the Interior, as the case may be, shall
    periodically review the activities of the nationals of the
    offending country to determine if the reasons for which the
    certification was made no longer prevail. Upon determining that
    such reasons no longer prevail, the Secretary concerned shall
    terminate the certification and publish notice thereof,
    together with a statement of the facts on which such
    determination is based, in the Federal Register.
    ---------------------------------------------------------------------------
        \35\ Sec. 3(b) of Public Law 96-61 (93 Stat. 408) redesignated
    subsecs. (d) through (g) as subsecs. (e) through (h), respectively, and
    added a new subsec. (d).
    ---------------------------------------------------------------------------
        (e) \35\ (1) Any person violating the provisions of this
    section shall be fined not more than $10,000 for the first
    violation, and not more than $25,000 for each subsequent
    violation.
        (2) All products \34\ brought or imported into the United
    States in violation of this section, or the monetary value
    thereof, may be forfeited.
        (3) All provisions of law relating to the seizure, judicial
    forfeiture, and condemnation of a cargo for violation of the
    customs laws, the disposition of such cargo or the proceeds
    from the sale thereof, and the remission or mitigation of such
    forfeitures shall apply to seizures and forfeitures incurred,
    or alleged to have been incurred, under the provisions of this
    section, insofar as such provisions of law are applicable and
    not inconsistent with this section.
        (f) \35\ (1) Enforcement of the provisions of this section
    prohibiting the bringing or importation of products \34\ into
    the United States shall be the responsibility of the Secretary
    of the Treasury.
        (2) The judges of the United States district courts, and
    United Stats commissioners may, within their respective
    jurisdictions, upon proper oath or affirmation showing probable
    cause, issue such warrants or other process as may be required
    for enforcement of this act and regulations issued thereunder.
        (3) Any person authorized to carry out enforcement
    activities hereunder shall have the power to execute any
    warrant or process issued by any officer or court of competent
    jurisdiction for the enforcement of this section.
        (4) Such person so authorized shall have the power--
              (A) with or without a warrant or other process, to
            arrest any persons subject to the jurisdiction of the
            United States committing in his presence or view a
            violation of this section or the regulations issued
            thereunder.
              (B) with or without a warrant or other process, to
            search any vessel or other conveyance \36\ subject to
            the jurisdiction of the United States, and, if as a
            result of such search he has reasonable cause to
            believe that such vessel or any person on board is
            engaging in operations in violation of this section or
            the regulations issued thereunder, then to arrest such
            person.
    ---------------------------------------------------------------------------
        \36\ Sec. 2(5)(B) of Public Law 95-376 (92 Stat. 714) inserted ``or
    other conveyance''.
    ---------------------------------------------------------------------------
        (5) Such person so authorized, may seize, whenever and
    wherever lawfully found, all products \37\ brought or imported
    into the United States in violation of this section or the
    regulations issued thereunder. Products \38\ so seized may be
    disposed of pursuant to the order of a court of competent
    jurisdiction, or, if perishable, in a manner prescribed by
    regulations promulgated by the Secretary of the Treasury after
    consultation with the Secretary of Health, Education, and
    Welfare.
    ---------------------------------------------------------------------------
        \37\ Sec. 201(a)(4)(B)(i) of Public Law 102-582 (106 Stat. 4904)
    struck out ``fish products and wildlife products'' and inserted in lieu
    thereof ``products''. Previously, sec. 2(5)(C) of Public Law 95-376 (92
    Stat. 714) amended this sentence.
        \38\ Sec. 201(a)(4)(B)(ii) of Public Law 102-582 (106 Stat. 4904)
    struck out ``Fish products and wildlife products'' and inserted in lieu
    thereof ``Products''.
    ---------------------------------------------------------------------------
        (g) \35\ The Secretary of the Treasury, the Secretary of
    Commerce, and the Secretary of the Interior \39\ are each
    authorized to prescribe such regulations as he determines
    necessary to carry out the provisions of this section.
    ---------------------------------------------------------------------------
        \39\ Sec. 2(6) of Public Law 95-376 (92 Stat. 714) added references
    to the Secretary of Commerce and the Secretary of the Interior.
    ---------------------------------------------------------------------------
        (h) \35\ As used in this section--
              (1) The term ``person'' means any individual,
            partnership, corporation, or association.
              (2) \40\ The term ``United States'' means the several
            States, the District of Columbia, Puerto Rico, the
            Northern Mariana Islands, American Samoa, Guam, the
            Virgin Islands, and every other territory and
            possession of the United States.
    ---------------------------------------------------------------------------
        \40\ Sec. 201(b)(1) of Public Law 102-582 (106 Stat. 4904) amended
    and restated para. (2).
    ---------------------------------------------------------------------------
              (3) The term ``international fishery conservation
            program'' means any ban, restriction, regulation, or
            other measure in effect \41\ pursuant to a bilateral or
            \42\ multilateral agreement which is in force with
            respect to the United States,\43\ the purpose of which
            is to conserve or protect the living resources of the
            sea, including marine mammals.\44\
    ---------------------------------------------------------------------------
        \41\ Sec. 2(7)(A) of Public Law 95-376 (92 Stat. 715) struck out
    ``in force'' and inserted in lieu thereof ``in effect''.
        \42\ Sec. 201(b)(2)(A) of Public Law 102-582 (106 Stat. 4904)
    inserted ``bilateral or''.
        \43\ Sec. 2(7)(B) of Public Law 95-376 (92 Stat. 715) struck out
    ``to which the United States is a signatory party'' and inserted in
    lieu thereof ``which is in force with respect to the United States''.
        \44\ Sec. 201(b)(2)(B) of Public Law 102-582 (106 Stat. 4904)
    inserted ``, including marine mammals''.
    ---------------------------------------------------------------------------
              (4) \45\ The term ``international program for
            endangered or threatened species'' means any ban,
            restriction, regulation, or other measure in effect
            pursuant to a multilateral agreement which is in force
            with respect to the United States, the purpose of which
            is to protect endangered or threatened species of
            animals.
    ---------------------------------------------------------------------------
        \45\ Sec. 2(7)(C) of Public Law 95-376 (92 Stat. 715) added para.
    (4), originally as para. (5). Subsequently, sec. 201(b)(3) of Public
    Law 102-582 (106 Stat. 4905) struck out para. (4), which defined fish
    products, and para. (6), which defined wildlife products, and
    redesignated para. (5) as para. (4).
    ---------------------------------------------------------------------------
              (5) \46\ The term ``taking'', as used with respect to
            animals to which an international program for
            endangered or threatened species applies, means to--
    ---------------------------------------------------------------------------
        \46\ Sec. 2(7)(C) of Public Law 95-376 (92 Stat. 715) added para.
    (5), originally as para. (7). Subsequently, sec. 201(b) of Public Law
    102-582 (106 Stat. 4900) amended and restated para. (7) and
    redesignated it as para. (5).
    ---------------------------------------------------------------------------
                      (A) harass, harm, pursue, hunt, shoot, wound,
                    kill, trap, capture, or collect; or
                      (B) attempt to harass, harm, pursue, hunt,
                    shoot, wound, kill, trap, capture, or collect.
        Sec. 9.\47\ There is created a Fishermen's Protective Fund
    which shall be used by the Secretary of State \48\ to reimburse
    owners of vessels for amounts determined and certified by him
    \48\ under section 3. The amount of any claim or portion
    thereof collected by the Secretary of State from any foreign
    country pursuant to section 5(a) shall be deposited in the fund
    and shall be available for the purpose of reimbursing vessel
    owners under section 3; except that if a transfer to the fund
    was made pursuant to section 5(b)(1) with respect to any such
    claim, an amount from the fund equal to the amount so collected
    shall be covered into the Treasury as miscellaneous receipts.
    There is authorized to be appropriated to the fund (1) the sum
    of $3,000,000 to provide initial capital, and (2) such
    additional sums as may be necessary from time to time to
    supplement the fund in order to meet the requirements of the
    fund.
    ---------------------------------------------------------------------------
        \47\ 22 U.S.C. 1979.  Sec. 5 of Public Law 92-569 (86 Stat. 1183)
    added sec. 9.
        Public Law 92-569 (86 Stat. 182) also provided:
        ``Sec. 6. The amendment made by this Act shall apply with respect
    to seizures of vessels of the United States occurring on or after the
    date of the enactment of this Act; except that reimbursements under
    section 3 of the Fishermen's Protective Act of 1967 (as in effect
    before such date of enactment) may be made from the fund established by
    the amendment made by section 5 of this Act with respect to any seizure
    of a vessel occurring before such date of enactment and after December
    31, 1970, if no reimbursement was made before such date of
    enactment.''.
        \48\ Sec. 302(c) of Public Law 98-364 (98 Stat. 444) struck out
    ``Secretary of the Treasury'' and inserted in lieu thereof ``Secretary
    of State'', and struck out ``certified to him by the Secretary of
    State'' and inserted in lieu thereof ``determined and certified by
    him''.
    ---------------------------------------------------------------------------
        Sec. 10.\49\ (a) For purposes of this section--
    ---------------------------------------------------------------------------
        \49\ 22 U.S.C. 1980. Sec. 10, as added by Public Law 95-194 (91
    Stat. 1413), was amended and restated by sec. 3(a) of Public Law 95-376
    (92 Stat. 715). Note also sec. 3 (b) and (c) of Public Law 95-376 which
    provided:
        ``(b) The amendment made by subsection (a) shall take effect
    January 1, 1979.
        ``(c) Nothing in the amendment made by subsection (a) shall be
    construed as affecting in any manner or to any extent any loan made
    under section 10 of the Fishermen's Protective Act of 1967 (as in
    effect before January 1, 1979), and, for purposes of the consideration
    by the Secretary of Commerce of any application for a loan under such
    section which was filed, but not acted on, before January 1, 1979, the
    amendment made by subsection (a) shall not be deemed to have been
    enacted.''.
    ---------------------------------------------------------------------------
              (1) The terms ``fishery,'' ``fishery conservation
            zone,'' \50\ ``fishing,'' ``fishing vessel,''
            ``Secretary,'' and ``vessel of the United States''
            shall each have the same respective meaning as is given
            to such terms in section 3 of the Magnuson-Stevens
            Fishery Conservation and Management Act \51\ (16 U.S.C.
            1802).
    ---------------------------------------------------------------------------
        \50\ The term ``fishery conservation zone'' originally was defined
    in sec. 3(8) of the Magnuson Fishery Conservation and Management Act of
    1976. Public Law 99-659 struck out para. 8, changed any reference to
    ``fishery conservation zone'' in that Act to be a reference to
    ``exclusive economic zone'', and provided a definition of ``exclusive
    economic zone'' in para. 6. See note 3.
        \51\ Sec. 238(b) of Public Law 96-561 struck out ``Fishery
    Conservation and Management Act of 1976'' and inserted in lieu thereof
    ``Magnuson Fishery Conservation and Management Act of 1976''. Sec.
    211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (2) The term ``fishing gear'' means any equipment or
            appurtenance which is necessary for the carrying out of
            fishing operations by a fishing vessel, whether or not
            such equipment or appurtenance is attached to such
            vessel.
              (3) The term ``fund'' means the Fishing Vessel and
            Gear Damage Compensation Fund established under
            subsection (f).
              (4) \52\ The term ``resulting economic loss'' means
            the gross income, as estimated by the Secretary, that a
            fishing vessel owner or operator who is eligible for
            compensation under this section for damage to, loss of,
            or destruction of, a fishing vessel or the fishing gear
            used with such vessel will lose by reason of not being
            able to engage in fishing, or having to reduce his
            fishing effort, during the period before the vessel or
            gear, or both, are repaired or replaced and available
            for use.
    ---------------------------------------------------------------------------
        \52\ Sec. 241(1) of Public Law 96-561 (94 Stat. 3301) added para.
    (4).
    ---------------------------------------------------------------------------
        (b) Subject to the provisions of this section, the owner or
    operator (hereinafter referred to as the ``vessel owner'') of
    any fishing vessel which is a vessel of the United States is
    eligible for monetary compensation under this section for any
    damage to, loss of, or destruction of such vessel, or any
    fishing gear used with such vessel, or both, and for any
    resulting economic loss \53\ if the damage, loss, or
    destruction--
    ---------------------------------------------------------------------------
        \53\ Sec. 241(2)(A) of Public Law 96-561 (94 Stat. 3301) inserted
    ``and for any resulting economic loss''.
    ---------------------------------------------------------------------------
              (1) in the case of such vessel--
                      (A) occurs when such vessel is engaged in any
                    fishery subject to the exclusive fishery
                    management authority of the United States under
                    the Magnuson-Stevens Fishery Conservation and
                    Management Act,\54\ and
    ---------------------------------------------------------------------------
        \54\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
                      (B) is attributable to any vessel (or its
                    crew or fishing gear) other than a vessel of
                    the United States; or
              (2) in the case of such fishing gear--
                      (A) occurs when such fishing gear is being
                    used for fishing in any fishery subject to such
                    exclusive management authority; and
                      (B) \55\ is attributable to any other vessel,
                    whether or not such vessel is a vessel of the
                    United States.
    ---------------------------------------------------------------------------
        \55\ Sec. 241(2)(B) of Public Law 96-561 (94 Stat. 3301) amended
    and restated subpara. (B). It formerly read as follows:
        ``(B) is attributable to (i) any other vessel, whether such vessel
    is a vessel of the United States, or (ii) an act of God.''.
    ---------------------------------------------------------------------------
            For purposes of subparagraph (B), there shall be a
            rebuttable presumption that any damage, loss, or
            destruction of fishing gear is attributable to another
            vessel.
        (c) A vessel owner is not eligible for compensation under
    this section with respect to fishing vessel or fishing gear
    damage, loss, or destruction, and resulting economic loss \56\
    unless such owner--
    ---------------------------------------------------------------------------
        \56\ Sec. 241(3) of Public Law 96-561 (94 Stat. 3302) inserted ``,
    and resulting economic loss''.
    ---------------------------------------------------------------------------
              (1) makes application to the Secretary for
            compensation under this section within 90 days \57\
            after the day on which the damage, loss, or destruction
            occurred or was first noticed by the owner;
    ---------------------------------------------------------------------------
        \57\ Sec. 4(b) of Public Law 96-289 (94 Stat. 606) extended the
    period of time permitted for making an application for compensation
    from 60 to 90.
    ---------------------------------------------------------------------------
              (2) pays upon making such application a reasonable
            administrative fee which the Secretary shall deposit
            into the fund;
              (3) has, in such form as the Secretary shall
            prescribe by regulation, a current inventory or other
            evidence of possession of the fishery vessel or fishing
            gear concerned;
              (4) has, in such form as the Secretary shall
            prescribe by regulation, a current inventory or other
            evidence of possession of the location of, the fishing
            gear concerned; and
              (5) is in compliance with such other regulations as
            may be prescribed by the Secretary to carry out this
            section.
        (d)(1) Application for compensation under this section
    shall be made in such form and manner, and include such
    documentation and other evidence relating to the cause and
    extent of the damage, loss or destruction, and resulting
    economic loss,\58\ claimed, as the Secretary shall prescribe by
    regulation. The Secretary shall promptly, but not later than
    sixty days after receipt of an application, consider, and issue
    and initial determination with respect to, the application.
    ---------------------------------------------------------------------------
        \58\ Sec. 241(4)(A) of Public Law 96-561 (94 Stat. 3302) inserted
    ``, and resulting economic loss,''.
    ---------------------------------------------------------------------------
        (2) \59\ The amount of compensation awarded to any vessel
    owner under this section shall be--
    ---------------------------------------------------------------------------
        \59\ Sec. 241(4)(B) of Public Law 96-561 (96 Stat. 3302) amended
    and restated para. (2). It formerly read as follows:
        ``(2) The amount of compensation awarded to any vessel owner under
    this section shall be--
    ---------------------------------------------------------------------------

      ``(A) determined on the basis of the depreciated replacement cost, or the
    repair cost, which-ever cost is less, of the fishing vessel or fishing gear
    concerned;

      ``(B) proportionally reduced to the extent that evidence indicates that
    negligence by the vessel owner contributed to the cause or extent of the
    damage, loss, or destruction; and

      ``(C) reduce by the amount of compensation, if any, which the vessel
    owner has received or will receive with respect to the damage, loss, or
    destruction through insurance, pursuant to any other provision of law, or
    otherwise.''.

              (A) the depreciated replacement cost, or the repair
            cost, whichever cost is less, of the fishing vessel or
            the fishing gear concerned; and
              (B) 25 percent of any resulting economic loss.
    Any amount determined pursuant to subparagraph (A) or (B) shall
    be reduced to the extent that evidence indicates that
    negligence by the vessel owner or operator contributed to the
    cause or the extent of the damage, loss, or destruction and
    shall be further reduced by the amount of compensation, if any,
    that the vessel owner or operator has received or will receive
    with respect to the damage, loss, destruction, or resulting
    economic loss through insurance, pursuant to any other
    provision of law, or otherwise.
        (3) The initial determination made by the Secretary under
    paragraph (1) with respect to any application shall--
              (A) if the application is disapproved, set forth the
            reasons therefore; or
              (B) if the application is approved, set forth the
            amount of compensation to which the applicant is
            entitled and the basis on which such amount was
            determined.
        (4) Any vessel owner who is aggrieved by any decision of
    the Secretary contained in the initial determination of the
    Secretary regarding such owner's application may, within thirty
    days after the date of issue of the initial determination,
    petition the Secretary for a review of the decision. If
    petition of review is not made to the Secretary within such
    thirty-day period regarding the initial determination, the
    initial determination shall be deemed to be the final
    determination on the application. Before undertaking any such
    review, the secretary shall provide to the vessel owner
    opportunity to submit additional written or oral evidence
    relating to the decision. After review the Secretary shall
    issue a final determination with respect to the application.
        (5) If compensation is awarded under the final
    determination on any application, the Secretary shall promptly
    pay from the fund to such owner the amount of compensation
    stated in the final determination. Upon the acceptance of such
    payment by the vessel owner, the United States shall be
    subrogated to all rights of the vessel owner with respect to
    which the payment is made.
        (e) In addition to any fee imposed under section 204(b)(10)
    of the Magnuson-Stevens Fishery Conservation and Management Act
    (16 U.S.C. 1824(b)(10)) \54\ with respect to any foreign
    fishing vessel for any year after 1978, the Secretary shall
    impose a surcharge in an amount not to exceed 20 percent of the
    amount of the fee imposed under such section for such year. The
    failure to pay any surcharge imposed under this subsection with
    respect to any foreign fishing vessel shall be treated by the
    Secretary as a failure to pay the fee for such vessel under
    such section 204(b)(10).
        (f)(1) There is established in the Treasury of the United
    States the Fishing Vessel and Gear Damage Compensation Fund.
    The fund shall be available without fiscal year limitation as a
    revolving fund for the purposes of administering, and paying
    compensation awarded under, this section.
        (2) The fund shall consist of--
              (A) all sums recovered by the United States in the
            exercise of rights subrogated to it under subsection
            (d)(5);
              (B) all administrative fees collected under
            subsection (c)(2);
              (C) all surcharges collected under subsection (e);
              (D) revenues received from deposits or investments
            made under the last sentence of this paragraph; and
              (E) any revenue acquired through the issuance of
            obligations under paragraph (3).
    Sums may be expended from the fund only to such extent and in
    such amounts as are provided in advance in appropriation Acts.
    Sums in the fund which are not currently needed for the purpose
    of paying such awards shall be kept on deposit or invested in
    obligations of, or guaranteed by the United States.
        (3) Whenever the amount in the fund is not sufficient to
    pay compensation under this section, the Secretary may issue,
    in an amount not to exceed $5,000,000, notes or other
    obligations to the Secretary of the Treasury, in such forms and
    denominations bearing such maturities, and subject to such
    terms and conditions as the Secretary of the Treasury may
    prescribe. Such notices or other obligations shall bear
    interest at a rate to be determined by the Secretary of the
    Treasury on the basis of the current average market yield on
    outstanding marketable obligations of the United State of
    comparable maturities during the month preceding the issuance
    of such notices or other obligations. Moneys obtained by the
    Secretary under this paragraph shall be deposited in the fund
    and redemptions of any such notices or other obligations shall
    be made from the fund. The Secretary of the Treasury shall
    purchase any such notes or other obligations, and for such
    purpose he may use as a public debt transaction the proceeds
    from the sale of any securities issued under the Second Liberty
    Bond Act. The Secretary of the Treasury may sell any such
    notices or other obligations at such times and prices and upon
    such terms and conditions as he shall determine. All purchases,
    redemptions, and sales of such notes or other obligations by
    the Secretary of the Treasury shall be treated as public debt
    transactions of the United States. All borrowing authority
    contained herein shall be effective only to such extent or in
    such amounts as are provided in advance in appropriation Acts.
        (g) Any person who willfully makes any false or misleading
    statement or representation for the purpose of obtaining
    compensation under this section is guilty of a criminal offense
    and, upon conviction thereof, shall be punished by a fine of
    not more than $25,000, or by imprisonment for not more than one
    year, or both.
        Sec. 11.\60\ (a) In any case on or after June 15, 1994, in
    which a vessel of the United States exercising its right of
    passage is charged a fee by the government of a foreign country
    to engage in transit passage between points in the United
    States (including a point in the exclusive economic zone or in
    an area over which jurisdiction is in dispute), and such fee is
    regarded by the United States as being inconsistent with
    international law, the Secretary of State shall, subject to the
    availability of appropriated funds, reimburse the vessel owner
    for the amount of any such fee paid under protest.
    ---------------------------------------------------------------------------
        \60\ 22 U.S.C. 1980a. Sec. 402(a) of the Fisheries Act of 1995
    (Public Law 104-43; 109 Stat. 389) added sec. 11. See also sec. 401 and
    sec. 402(c) of that Act.
    ---------------------------------------------------------------------------
        (b) In seeking such reimbursement, the vessel owner shall
    provide, together with such other information as the Secretary
    of State may require--
              (1) a copy of the receipt for payment;
              (2) an affidavit attesting that the owner or the
            owner's agent paid the fee under protest; and
              (3) a copy of the vessel's certificate of
            documentation.
        (c) Requests for reimbursement shall be made to the
    Secretary of State within 120 days after the date of payment of
    the fee, or within 90 days after the date of enactment of this
    section, whichever is later.
        (d) Such funds as may be necessary to meet the requirements
    of this section may be made available from the unobligated
    balance of previously appropriated funds remaining in the
    Fishermen's Protective Fund established under section 9. To the
    extent that requests for reimbursement under this section
    exceed such funds, there are authorized to be appropriated such
    sums as may be needed for reimbursements authorized under
    subsection (a), which shall be deposited in the Fishermen's
    Protective Fund established under section 9.
        (e) The Secretary of State shall take such action as the
    Secretary deems appropriate to make and collect claims against
    the foreign country imposing such fee for any amounts
    reimbursed under this section.
        (f) For purposes of this section, the term ``owner''
    includes any charterer of a vessel of the United States.
        Sec. 12.\61\ (a) If the Secretary of State finds that the
    government of any nation imposes conditions on the operation or
    transit of United States fishing vessels which the United
    States regards as being inconsistent with international law or
    an international agreement, the Secretary of State shall
    certify that fact to the President.
    ---------------------------------------------------------------------------
        \61\ 22 U.S.C. 1980b. Sec. 402(b) of the Fisheries Act of 1995
    (Public Law 104-43; 109 Stat. 390) added sec. 12.
    ---------------------------------------------------------------------------
        (b) Upon receipt of a certification under subsection (a),
    the President shall direct the heads of Federal agencies to
    impose similar conditions on the operation or transit of
    fishing vessels registered under the laws of the nation which
    has imposed conditions on United States fishing vessels.
        (c) For the purposes of this section, the term `fishing
    vessel' has the meaning given that term in section 2101(11a) of
    title 46, United States Code.
        (d) It is the sense of the Congress that any action taken
    by any Federal agency under subsection (b) should be
    commensurate with any conditions certified by the Secretary of
    State under subsection (a).

    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Sec. 240 of Public Law 96-561, effective December 22, 1980 (94 Stat. 3300; 22 U.S.C. 1980
                             ``sec.  240.  applications  and  filings  for  compensa-
                                 tion    for    certain    fishing    vessel    and    gear
                                 damage.                           ``(a) In General.--If--
                                 ``(1) any owner or operator of a fishing vessel who suffered, after September 17, 1978, and before
                                the date of the enactment of this title, damage to, or loss or destruction of, such vessel or
                                fishing gear used with such vessel, but did not apply for compensation therefore under section 10 of
                                the Fishermen's Protective Act of 1967 (22 U.S.C. 1980) within the 60-day period prescribed in
                                subsection (c)(1) of such section; or
                                 ``(2) any commercial fisherman who suffered, after September 17, 1978, and before the date of the
                                enactment of this title, damages compensable under title IV of the Outer Continental Shelf Lands Act
                                of 1978 (43 U.S.C. 1841 et seq.), but who did not timely file a claim therefor within the 60-day
                                period prescribed in section 405(a) of such Act;
                             such owner or operator may make application for compensation with respect to such damages, loss or
                              destruction under such section 10, and such commercial fisherman may file a claim for, compensation
                              for such damages under such title IV, to the Secretary of Commerce, within the 60-day period beginning
                              on the date of the enactment of this title.
                               ``(b) Special Provisions.--(1) Notwithstanding any other provision of law--
                                 ``(A) any application or filing timely made under subsection (a) shall be treated by the Secretary
                                of Commerce as an application timely made under such section 10(c)(1), or as a filing timely made
                                under such section 405(a), as the case may be, with respect to the damage, loss, or destruction
                                claimed; and
                                 ``(B) any claim for fishing gear loss that was pending on June 1, 1980, before the United States-
                                Union of Soviet Socialist Republic Fisheries Claims Board or the American-Spanish Fisheries Board
                                shall be treated by the Secretary of Commerce as a timely application made, on the date of the
                                enactment of this title, under such section 10(c)(1) for compensation for such loss.
                               ``(2)'' * * *--------------------------------------------------------------------------------------------------------------------------------------------------------

    =======================================================================

                 L. ENERGY, NATURAL RESOURCES, AND ENVIRONMENT

                                    CONTENTS

                                                                       Page

     1. Energy Policy Act of 2005 (Public Law 109-58) (partial text).   393
     2. Energy Policy Act of 1992 (Public Law 102-486) (partial text)   401
     3. Energy Emergency Preparedness Act of 1982 (Public Law 97-229)
        (partial text)...............................................   435
     4. Energy Policy and Conservation Act (Public Law 94-163)
        (partial text)...............................................   438
     5. Alaska National Interests Lands Conservation Act, as amended
        (Public Law 96-487) (partial text)...........................   465
     6. Negotiations With Canada Concerning the Alaska Pipeline
        (Public Law 93-153) (partial text)...........................   467
     7. Environment and Natural Resources............................   469
           a. Environment and Natural Resources in Foreign Assistance   469
                 (1) Foreign Assistance Act of 1961 (Public Law 87-
                    195) (partial text)..............................   469
                 (2) Foreign Operations, Export Financing, and
                    Related Programs Appropriations Act, 2004 (Public
                    Law 108-199) (partial text)......................   481
                 (3) Foreign Operations, Export Financing, and
                    Related Programs Appropriations Act, 1993 (Public
                    Law 102-391) (partial text)......................   483
                 (4) Foreign Operations, Export Financing, and
                    Related Programs Appropriations Act, 1991 (Public
                    Law 101-513) (partial text)......................   487
                 (5) Foreign Operations, Export Financing, and
                    Related Programs Appropriations Act, 1990 (Public
                    Law 101-167) (partial text)......................   493
                 (6) Freedom for Russia and Emerging Eurasian
                    Democracies and Open Markets Support Act of 1992
                    (FREEDOM Support Act) (Public Law 102-511)
                    (partial text)...................................   497
                 (7) Support for East European Democracy (SEED) Act
                    of 1989 (Public Law 101-179) (partial text)......   501
                 (8) Enterprise for the Americas Initiative Act of
                    1992 (Public Law 102-532) (partial text).........   504
                 (9) Enterprise for the Americas Environmental Fund
                    (Public Law 83-480) (partial text)...............   506
                (10) Assigning Foreign Affairs Functions and
                    Implementing the Enterprise for the Americas
                    Initiative and the Tropical Forest Conservation
                    Act (Executive Order 13345)......................   516
           b. Department of State--Delegation of Authority;
              Establishment of Bureau................................   519
                 (1) Science, Technology, and American Diplomacy
                    (Title V of Public Law 95-426) (partial text)....   519
                 (2) Establishment of Bureau of Oceans and
                    International Environmental and Scientific
                    Affairs (Public Law 93-126) (partial text).......   523
                 (3) Delegating to the Secretary of State Certain
                    Functions With Respect to the Negotiation of
                    International Agreements Relating to the
                    Enhancement of the Environment (Executive Order
                    11742)...........................................   524
           c. International Cooperation or Participation in
              International Organizations............................   525
                 (1) REDI Center Authorization (Public Law 109-140)
                    (partial text)...................................   525
                 (2) Congo Basin Forest Partnership Act of 2004
                    (Public Law 108-200).............................   526
                 (3) Great Ape Conservation Act of 2000 (Public Law
                    106-411).........................................   529
                 (4) Neotropical Migratory Bird Conservation Act
                    (Public Law 106-247).............................   535
                 (5) Responsibilities of Federal Agencies To Protect
                    Migratory Birds (Executive Order 13186)..........   540
                 (6) Asian Elephant Conservation Act of 1997 (Public
                    Law 105-96)......................................   545
                 (7) Rhinoceros and Tiger Conservation Act of 1998
                    (Public Law 105-312) (partial text)..............   550
                 (8) Rhinoceros and Tiger Conservation Act of 1994
                    (Public Law 103-391).............................   552
                 (9) Wild Exotic Bird Conservation Act of 1992
                    (Public Law 102-440) (partial text)..............   559
                (10) United States Support for the United Nations
                    Conference on Environment and Development (Public
                    Law 102-138) (partial text)......................   570
                (11) International Cooperation in Global Change
                    Research Act of 1990 (Public Law 101-606)
                    (partial text)...................................   572
                (12) Rio Grande American Canal Extension Act of 1990
                    (Public Law 101-438).............................   575
                (13) International Cooperation in Biological
                    Diversity (Public Law 100-530) (partial text)....   578
                (14) African Elephant Conservation Act (Title II of
                    Public Law 100-478)..............................   579
                (15) Rio Grande Pollution Correction Act of 1987
                    (Public Law 100-465).............................   589
                (16) Temporary Emergency Wildfire Suppression Act
                    (Public Law 100-428).............................   591
                (17) Nuclear Waste Policy Act of 1982 (Public Law 97-
                    425) (partial text)..............................   593
                (18) United Nations Environment Program Participation
                    Act of 1973 (Public Law 93-153) (partial text)...   595
           d. Strategic Environmental Research and Development
              Program (10 U.S.C.)....................................   596
           e. Environmental Policy and International Financial
              Institutions...........................................   604
                 (1) Bretton Woods Agreements Act (Public Law 79-171)
                    (partial text)...................................   604
                 (2) International Financial Institutions Act (Public
                    Law 95-118) (partial text).......................   607
                 (3) International Development and Finance Act of
                    1989 (Public Law 101-240) (partial text).........   620
           f. Antarctica.............................................   628
                 (1) Antarctic Conservation Act of 1978 (Public Law
                    95-541)..........................................   628
                 (2) Antarctic Science, Tourism, and Conservation Act
                    of 1996 (Public Law 104-227) (partial text)......   643
                 (3) Protection of Antarctica as a Global Ecological
                    Commons (Public Law 101-620).....................   664
                 (4) Antarctic Protection Act of 1990 (Public Law
                    101-594).........................................   646
           g. Global Climate Change Prevention Act of 1990 (Public
              Law 101-624) (partial text)............................   650
           h. Global Change Research Act of 1990 (Public Law 101-606)
              (partial text).........................................   655
           i. Clean Air Act Amendments--International Provisions
              (Public Law 101-549) (partial text)....................   663
           j. Forest Resources Conservation and Shortage Relief Act
              of 1990 (Public Law 101-382) (partial text)............   668
           k. Pesticide Monitoring Improvements Act of 1988 (Public
              Law 100-418) (partial text)............................   672
           l. Global Climate Protection Act of 1987 (Public Law 100-
              204) (partial text)....................................   674
           m. International Environmental Protection Act of 1983
              (Public Law 98-164) (partial text).....................   677
           n. Environmental Effects Abroad of Major Federal Actions
              (Executive Order 12114)................................   680

    =======================================================================

                          1. Energy Policy Act of 2005

      Partial text of Public Law 109-58 [H.R. 6], 119 Stat. 594, approved
                                 August 8, 2005

       AN ACT To ensure jobs for our future with secure, affordable, and
                                reliable energy.

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

    SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Energy
    Policy Act of 2005''.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 15801 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--* * *
              * * * * * * *

                           TITLE VI--NUCLEAR MATTERS

              * * * * * * *

                      Subtitle B--General Nuclear Matters

              * * * * * * *

    SEC. 632. PROHIBITION ON NUCLEAR EXPORTS TO COUNTRIES THAT SPONSOR
                        TERRORISM.

        (a) In General.--Section 129 of the Atomic Energy Act of
    1954 (42 U.S.C. 2158) is amended-- * * * \2\
    ---------------------------------------------------------------------------
        \2\ For the Atomic Energy Act of 1954 and other legislation
    relating to nuclear nonproliferation, see Legislation on Foreign
    Relations Through 2005, vol. II-B.
    ---------------------------------------------------------------------------
        (b) \3\ Applicability to Exports Approved for Transfer but
    Not Transferred.--Subsection b. of section 129 of Atomic Energy
    Act of 1954, as added by subsection (a) of this section, shall
    apply with respect to exports that have been approved for
    transfer as of the date of the enactment of this Act but have
    not yet been transferred as of that date.
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 2158 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 635.\4\ PROHIBITION ON ASSUMPTION BY UNITED STATES GOVERNMENT OF
                        LIABILITY FOR CERTAIN FOREIGN INCIDENTS.
    ---------------------------------------------------------------------------

        \4\ 42 U.S.C. 16012.
    ---------------------------------------------------------------------------
        (a) In General.--Notwithstanding any other provision of
    law, no officer of the United States or of any department,
    agency, or instrumentality of the United States Government may
    enter into any contract or other arrangement, or into any
    amendment or modification of a contract or other arrangement,
    the purpose or effect of which would be to directly or
    indirectly impose liability on the United States Government, or
    any department, agency, or instrumentality of the United States
    Government, or to otherwise directly or indirectly require an
    indemnity by the United States Government, for nuclear
    incidents occurring in connection with the design,
    construction, or operation of a production facility or
    utilization facility in any country whose government has been
    identified by the Secretary of State as engaged in state
    sponsorship of terrorist activities (specifically including any
    country the government of which, as of September 11, 2001, had
    been determined by the Secretary of State under section 620A(a)
    of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)),
    section 6(j)(1) of the Export Administration Act of 1979 (50
    U.S.C. App. 2405(j)(1)), or section 40(d) of the Arms Export
    Control Act (22 U.S.C. 2780(d)) to have repeatedly provided
    support for acts of international terrorism). This section
    shall not apply to nuclear incidents occurring as a result of
    missions, carried out under the direction of the Secretary, the
    Secretary of Defense, or the Secretary of State, that are
    necessary to safely secure, store, transport, or remove nuclear
    materials for nuclear safety or nonproliferation purposes.
        (b) Definitions.--The terms used in this section shall have
    the same meaning as those terms have under section 11 of the
    Atomic Energy Act of 1954 (42 U.S.C. 2014), unless otherwise
    expressly provided in this section.
              * * * * * * *

                       TITLE IX--RESEARCH AND DEVELOPMENT

              * * * * * * *

                     Subtitle H--International Cooperation

    SEC. 985.\5\ WESTERN HEMISPHERE ENERGY COOPERATION.
    ---------------------------------------------------------------------------

        \5\ 42 U.S.C. 16341.
    ---------------------------------------------------------------------------
        (a) Program.--The Secretary shall carry out a program to
    promote cooperation on energy issues with countries of the
    Western Hemisphere.
        (b) Activities.--Under the program, the Secretary shall
    fund activities to work with countries of the Western
    Hemisphere to--
              (1) increase the production of energy supplies;
              (2) improve energy efficiency; and
              (3) assist in the development and transfer of energy
            supply and efficiency technologies that would have a
            beneficial impact on world energy markets.
        (c) Participation by Institutions of Higher Education.--To
    the extent practicable, the Secretary shall carry out the
    program under this section with the participation of
    institutions of higher education so as to take advantage of the
    acceptance of institutions of higher education by countries of
    the Western Hemisphere as sources of unbiased technical and
    policy expertise when assisting the Secretary in--
              (1) evaluating new technologies;
              (2) resolving technical issues;
              (3) working with those countries in the development
            of new policies; and
              (4) training policymakers, particularly in the case
            of institutions of higher education that involve the
            participation of minority students, such as--
                      (A) Hispanic-serving institutions; and
                      (B) part B institutions.
        (d) Authorization of Appropriations.--There are authorized
    to be appropriated to carry out this section--
              (1) $10,000,000 for fiscal year 2007;
              (2) $13,000,000 for fiscal year 2008; and
              (3) $16,000,000 for fiscal year 2009.

    SEC. 986. COOPERATION BETWEEN UNITED STATES AND ISRAEL.

        (a) Findings.--Congress finds that--
              (1) on February 1, 1996, the United States and Israel
            signed the agreement entitled ``Agreement between the
            Department of Energy of the United States of America
            and the Ministry of Energy and Infrastructure of Israel
            Concerning Energy Cooperation'' (referred to in this
            section as the ``Agreement''), to establish a framework
            for collaboration between the United States and Israel
            in energy research and development activities;
              (2) the Agreement entered into force in February
            2000;
              (3) in February 2005, the Agreement was automatically
            renewed for 1 additional 5-year period pursuant to
            Article X of the Agreement; and
              (4) under the Agreement, the United States and Israel
            may cooperate in energy research and development in a
            variety of alternative and advanced energy sectors.
        (b) Report to Congress.--Not later than 90 days after the
    date of enactment of this Act, the Secretary shall submit to
    the Committee on Energy and Natural Resources and the Committee
    on Foreign Relations of the Senate and the Committee on Energy
    and Commerce and the Committee on International Relations of
    the House of Representatives a report that describes--
              (1) the ways in which the United States and Israel
            have cooperated on energy research and development
            activities under the Agreement;
              (2) projects initiated pursuant to the Agreement; and
              (3) plans for future cooperation and joint projects
            under the Agreement.
        (c) Sense of Congress.--It is the sense of Congress that
    energy cooperation between the Governments of the United States
    and Israel is mutually beneficial in the development of energy
    technology.

    SEC. 986A.\6\ INTERNATIONAL ENERGY TRAINING.
    ---------------------------------------------------------------------------

        \6\ 42 U.S.C. 16342.
    ---------------------------------------------------------------------------
        (a) In General.--The Secretary, in consultation with the
    Secretary of Commerce, the Secretary of the Interior, and
    Secretary of State, and the Federal Energy Regulatory
    Commission, shall coordinate training and outreach efforts for
    international commercial energy markets in countries with
    developing and restructuring economies.
        (b) Components.--The training and outreach efforts referred
    to in subsection (a) may include--
              (1) production-related fiscal regimes;
              (2) grid and network issues;
              (3) energy user and demand side response;
              (4) international trade of energy; and
              (5) international transportation of energy.
        (c) Authorization of Appropriations.--There is authorized
    to be appropriated to carry out this section $1,500,000 for
    each of fiscal years 2007 through 2010.
              * * * * * * *

                            TITLE XIV--MISCELLANEOUS

              * * * * * * *

                          Subtitle B--Set America Free

    SEC. 1421. SHORT TITLE.

        This subtitle may be cited as the ``Set America Free Act of
    2005'' or the ``SAFE Act''.

    SEC. 1422. PURPOSE.

        The purpose of this subtitle is to establish a United
    States commission to make recommendations for a coordinated and
    comprehensive North American energy policy that will achieve
    energy self-sufficiency by 2025 within the three contiguous
    North American nation area of Canada, Mexico, and the United
    States.

    SEC. 1423. UNITED STATES COMMISSION ON NORTH AMERICAN ENERGY FREEDOM.

        (a) Establishment.--There is hereby established the United
    States Commission on North American Energy Freedom (in this
    subtitle referred to as the ``Commission''). The Federal
    Advisory Committee Act (5 U.S.C. App.), except sections 3, 7,
    and 12, does not apply to the Commission.
        (b) Membership.--
              (1) Appointment.--The Commission shall be composed of
            16 members appointed by the President from among
            individuals described in paragraph (2) who are
            knowledgeable on energy issues, including oil and gas
            exploration and production, crude oil refining, oil and
            gas pipelines, electricity production and transmission,
            coal, unconventional hydrocarbon resources, fuel cells,
            motor vehicle power systems, nuclear energy, renewable
            energy, biofuels, energy efficiency, and energy
            conservation. The membership of the Commission shall be
            balanced by area of expertise to the extent consistent
            with maintaining the highest level of expertise on the
            Commission. Members of the Commission may be citizens
            of Canada, Mexico, or the United States, and the
            President shall ensure that citizens of all three
            nations are appointed to the Commission.
              (2) Nominations.--The President shall appoint the
            members of the Commission within 60 days after the
            effective date of this Act, including individuals
            nominated as follows:
                      (A) Four members shall be appointed from
                    amongst individuals independently determined by
                    the President to be qualified for appointment.
                      (B) Four members shall be appointed from a
                    list of eight individuals who shall be
                    nominated by the majority leader of the Senate
                    in consultation with the chairman of the
                    Committee on Energy and Natural Resources of
                    the Senate.
                      (C) Four members shall be appointed from a
                    list of eight individuals who shall be
                    nominated by the Speaker of the House of
                    Representatives in consultation with the
                    chairmen of the Committees on Energy and
                    Commerce and Resources of the House of
                    Representatives.
                      (D) Two members shall be appointed from a
                    list of four individuals who shall be nominated
                    by the minority leader of the Senate in
                    consultation with the ranking Member of the
                    Committee on Energy and Natural Resources of
                    the Senate.
                      (E) Two members shall be appointed from a
                    list of four individuals who shall be nominated
                    by the minority leader of the House in
                    consultation with the ranking Members of the
                    Committees on Energy and Commerce and Resources
                    of the House of Representatives.
              (3) Chairman.--The chairman of the Commission shall
            be selected by the President. The chairman of the
            Commission shall be responsible for--
                      (A) the assignment of duties and
                    responsibilities among staff personnel and
                    their continuing supervision; and
                      (B) the use and expenditure of funds
                    available to the Commission.
              (4) Vacancies.--Any vacancy on the Commission shall
            be filled in the same manner as the original incumbent
            was appointed.
        (c) Resources.--In carrying out its functions under this
    section, the Commission--
              (1) is authorized to secure directly from any Federal
            agency or department any information it deems necessary
            to carry out its functions under this Act, and each
            such agency or department is authorized to cooperate
            with the Commission and, to the extent permitted by
            law, to furnish such information (other than
            information described in section 552(b)(1)(A) of title
            5, United States Code) to the Commission, upon the
            request of the Commission;
              (2) may enter into contracts, subject to the
            availability of appropriations for contracting, and
            employ such staff experts and consultants as may be
            necessary to carry out the duties of the Commission, as
            provided by section 3109 of title 5, United States
            Code; and
              (3) shall establish a multidisciplinary science and
            technical advisory panel of experts in the field of
            energy to assist the Commission in preparing its
            report, including ensuring that the scientific and
            technical information considered by the Commission is
            based on the best scientific and technical information
            available.
        (d) Staffing.--The chairman of the Commission may, without
    regard to the civil service laws and regulations, appoint and
    terminate an executive director and such other additional
    personnel as may be necessary for the Commission to perform its
    duties. The executive director shall be compensated at a rate
    not to exceed the rate payable for Level IV of the Executive
    Schedule under chapter 5136 of title 5, United States Code. The
    chairman shall select staff from among qualified citizens of
    Canada, Mexico, and the United States of America.
        (e) Meetings.--
              (1) Administration.--All meetings of the Commission
            shall be open to the public, except that a meeting or
            any portion of it may be closed to the public if it
            concerns matters or information described in section
            552b(c) of title 5, United States Code. Interested
            persons shall be permitted to appear at open meetings
            and present oral or written statements on the subject
            matter of the meeting. The Commission may administer
            oaths or affirmations to any person appearing before
            it.
              (2) Notice; minutes; public availability of
            documents.--
                      (A) Notice.--All open meetings of the
                    Commission shall be preceded by timely public
                    notice in the Federal Register of the time,
                    place, and subject of the meeting.
                      (B) Minutes.--Minutes of each meeting shall
                    be kept and shall contain a record of the
                    people present, a description of the discussion
                    that occurred, and copies of all statements
                    filed. Subject to section 552 of title 5,
                    United States Code, the minutes and records of
                    all meetings and other documents that were made
                    available to or prepared for the Commission
                    shall be available for public inspection and
                    copying at a single location in the offices of
                    the Commission.
              (3) Initial meeting.--The Commission shall hold its
            first meeting within 30 days after all 16 members have
            been appointed.
        (f) Report.--Within 12 months after the effective date of
    this Act, the Commission shall submit to Congress and the
    President a final report of its findings and recommendations
    regarding North American energy freedom.
        (g) Administrative Procedure for Report and Review.--
    Chapter 5 and chapter 7 of title 5, United States Code, do not
    apply to the preparation, review, or submission of the report
    required by subsection (f).
        (h) Termination.--The Commission shall cease to exist 90
    days after the date on which it submits its final report.
        (i) Authorization of Appropriations.--There is authorized
    to be appropriated to carry out this chapter a total of
    $10,000,000 for the 2 fiscal-year period beginning with fiscal
    year 2005, such sums to remain available until expended.

    SEC. 1424. NORTH AMERICAN ENERGY FREEDOM POLICY.

        Within 90 days after receiving and considering the report
    and recommendations of the Commission under section 1423, the
    President shall submit to Congress a statement of proposals to
    implement or respond to the Commission's recommendations for a
    coordinated, comprehensive, and long-range national policy to
    achieve North American energy freedom by 2025.
              * * * * * * *

                              TITLE XVIII--STUDIES

              * * * * * * *

    SEC. 1807.\7\ REPORT ON ENERGY INTEGRATION WITH LATIN AMERICA.
    ---------------------------------------------------------------------------

        \7\ 42 U.S.C. 16521.
    ---------------------------------------------------------------------------
        The Secretary shall submit an annual report to the
    Committee on Energy and Commerce of the United States House of
    Representatives and to the Committee on Energy and Natural
    Resources of the Senate concerning the status of energy export
    development in Latin America and efforts by the Secretary and
    other departments and agencies of the United States to promote
    energy integration with Latin America. The report shall contain
    a detailed analysis of the status of energy export development
    in Mexico and a description of all significant efforts by the
    Secretary and other departments and agencies to promote a
    constructive relationship with Mexico regarding the development
    of that nation's energy capacity. In particular this report
    shall outline efforts the Secretary and other departments and
    agencies have made to ensure that regulatory approval and
    oversight of United States/Mexico border projects that result
    in the expansion of Mexican energy capacity are effectively
    coordinated across departments and with the Mexican government.
              * * * * * * *

    SEC. 1837. NATIONAL SECURITY REVIEW OF INTERNATIONAL ENERGY
                        REQUIREMENTS.

        (a) Study.--The Secretary, in consultation with the
    Secretary of Defense and Secretary of Homeland Security, shall
    conduct a study of the growing energy requirements of the
    People's Republic of China and the implications of such growth
    on the political, strategic, economic, or national security
    interests of the United States, including--
              (1) an assessment of the type, nationality, and
            location of energy assets that have been sought for
            investment by entities located in the People's Republic
            of China;
              (2) an assessment of the extent to which investment
            in energy assets by entities located in the People's
            Republic ofChina has been on market-based terms and
            free from subsidies from the People's Republic of
            China;
              (3) an assessment of the effect of investment in
            energy assets by entities located in the People's
            Republic of China on the control by the United States
            of dual-use and export-controlled technologies,
            including the effect on current and future access to
            foreign and domestic sources of rare earth elements
            used to produce such technologies;
              (4) an assessment of the relationship between the
            Government of the People's Republic of China and
            energy-related businesses located in the People's
            Republic of China;
              (5) an assessment of the impact on the world energy
            market of the common practice of entities located in
            the People's Republic of China of removing the energy
            assets owned or controlled by such entities from the
            competitive market, with emphasis on the effect if such
            practice expands along with the growth in energy
            consumption of the People's Republic of China;
              (6) an examination of the United States energy policy
            and foreign policy as it relates to ensuring a
            competitive global energy market;
              (7) an examination of the relationship between the
            United States and the People's Republic of China as it
            relates topursuing energy interests in a manner that
            avoids conflicts; and
              (8) a comparison of the appropriate laws and
            regulations of other nations to determine whether a
            United States company would be permitted to purchase,
            acquire, merge, or otherwise establish a joint
            relationship with an entity whose primary place of
            business is in that other nation, including the laws
            and regulations of the People's Republic of China.
        (b) Report and Recommendations.--Not later than 120 days
    after the date of the enactment of this Act, the Secretary, in
    consultation with the Secretary of Defense, shall report to the
    President and the Congress on the findings of the study
    described in subsection (a) and any recommendations the
    Secretaries consider appropriate.
                          2. Energy Policy Act of 1992

    Partial text of Public Law 102-486 [H.R. 776], 106 Stat. 2776, approved
    October 24, 1992; as amended by Public Law 109-58 [Energy Policy Act of
             2005; H.R. 6], 119 Stat. 594, approved August 8, 2005

               AN ACT To provide for improved energy efficiency.

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

    SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Energy
    Policy Act of 1992''.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 13201 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.-- * * *
              * * * * * * *

                 TITLE IX--UNITED STATES ENRICHMENT CORPORATION

              * * * * * * *

    SEC. 903. RESTRICTIONS ON NUCLEAR EXPORTS.

        (a) Further Restrictions.--
              (1) In general.--Chapter 11 of the Atomic Energy Act
            of 1954 (42 U.S.C. 2151 et seq.) is amended by adding
            at the end the following new section: * * * \2\
    ---------------------------------------------------------------------------
        \2\ For the Atomic Energy Act of 1954 and other legislation
    relating to nuclear nonproliferation, see Legislation on Foreign
    Relations Through 2005, vol. II-B.
    ---------------------------------------------------------------------------
        (b) Report to Congress.--
              (1) In general.--Not later than 90 days after the
            date of the enactment of this Act, the Chairman of the
            Nuclear Regulatory Commission, after consulting with
            other relevant agencies, shall submit to the Congress a
            report detailing the current disposition of previous
            United States exports of highly enriched uranium,
            including--
                      (A) their location;
                      (B) whether they are irradiated;
                      (C) whether they have been used for the
                    purpose stated in their export license; and
                      (D) whether they have been used for an
                    alternative purpose and, if so, whether such
                    alternative purpose has been explicitly
                    approved by the Commission.
              (2) Exports to euratom.--To the maximum extent
            possible, the report required by paragraph (1) shall
            include--
                      (A) exports of highly enriched uranium to
                    EURATOM; and
                      (B) subsequent retransfers of such material
                    within EURATOM, without regard to the extent of
                    United States control over such retransfers.

    SEC. 904.\3\ SEVERABILITY.

        If any provision of this title, or the amendments made by
    this title, or the application of any provision to any entity,
    person, or circumstance, is for any reason adjudged by a court
    of competent jurisdiction to be invalid, the remainder of this
    title, and the amendments made by this title, or its
    application shall not be affected.
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 2297 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE XII--RENEWABLE ENERGY

    SEC. 1201.\4\ PURPOSES.

        The purposes of this title are to promote--
    ---------------------------------------------------------------------------
        \4\ 42 U.S.C. 13311.
    ---------------------------------------------------------------------------
              (1) increases in the production and utilization of
            energy from renewable energy resources;
              (2) further advances of renewable energy
            technologies; and
              (3) exports of United States renewable energy
            technologies and services.
              * * * * * * *

    SEC. 1203.\5\ RENEWABLE ENERGY EXPORT TECHNOLOGY TRAINING.

        (a) Establishment of Program.--The Secretary, through the
    Agency for International Development, shall establish a program
    for the training of individuals from developing countries in
    the operation and maintenance of renewable energy and energy
    efficiency technologies in accordance with this section. The
    Secretary and the Administrator of the Agency for International
    Development shall, within one year after the date of enactment
    of this Act, enter into a written agreement to carry out this
    program.
    ---------------------------------------------------------------------------
        \5\ 42 U.S.C. 13312.
    ---------------------------------------------------------------------------
        (b) Purpose.--The purpose of the program established under
    this section shall be to train appropriate persons in the
    system design, operation, and maintenance of renewable energy
    and energy efficiency equipment manufactured in the United
    States, including equipment for water pumping, heating and
    purification, and the production of electric power in remote
    areas.
        (c) Authorization of Appropriations.--There are authorized
    to be appropriated to the Secretary $6,000,000 for each of the
    fiscal years 1994, 1995, and 1996, to carry out this section.
              * * * * * * *

    SEC. 1207.\6\ DUTIES OF INTERAGENCY WORKING GROUP ON RENEWABLE ENERGY
                        AND ENERGY EFFICIENCY EXPORTS.-- * * *
    ---------------------------------------------------------------------------

        \6\ Secs. 1207 and 1208 amended sec. 256 of the Energy Policy and
    Conservation Act (42 U.S.C. 6276).
    ---------------------------------------------------------------------------

    SEC. 1208.\6\ STUDY OF EXPORT PROMOTION PRACTICES.-- * * *

    SEC. 1209.\7\ DATA SYSTEM AND ENERGY TECHNOLOGY EVALUATION.

        The Secretary of Commerce, in his or her role as a member
    of the interagency working group established under section 256
    of the Energy Policy and Conservation Act (42 U.S.C. 6276),
    shall--
    ---------------------------------------------------------------------------
        \7\ 42 U.S.C. 13315.
    ---------------------------------------------------------------------------
              (1) develop a comprehensive data base and information
            dissemination system, using the National Trade Data
            Bank and the Commercial Information Management System
            of the Department of Commerce, that will provide
            information on the specific energy technology needs of
            foreign countries, and the technical and economic
            competitiveness of various renewable energy and energy
            efficiency products and technologies;
              (2) make such information available to industry,
            Federal and multilateral lending agencies,
            nongovernmental organizations, host-country and donor-
            agency officials, and such others as the Secretary of
            Commerce considers necessary; and
              (3) prepare and transmit to the Congress not later
            than June 1, 1993, and biennially thereafter, a
            comprehensive report evaluating the full range of
            energy and environmental technologies necessary to meet
            the energy needs of foreign countries, including--
                      (A) information on the specific energy needs
                    of foreign countries;
                      (B) an inventory of United States
                    technologies and services to meet those needs;
                      (C) an update on the status of ongoing
                    bilateral and multilateral programs which
                    promote United States exports of renewable
                    energy and energy efficiency products and
                    technologies; and
                      (D) an evaluation of current programs (and
                    recommendations for future programs) that
                    develop and promote energy efficiency and
                    sustainable use of indigenous renewable energy
                    resources in foreign countries to reduce the
                    generation of greenhouse gases.

    SEC. 1210. OUTREACH.

        (a) Outreach.--The interagency working group established
    under section 256(d)(1)(A) of the Energy Policy and
    Conservation Act and the Secretary of Commerce shall select one
    individual who is experienced in renewable energy and energy
    efficiency products and technologies to be assigned by the
    Secretary of Commerce to an office of the United States and
    Foreign Commercial Service in the Pacific Rim, and one such
    individual to be assigned by the Secretary of Commerce to an
    office of the United States and Foreign Commercial Service in
    the Caribbean Basin, for the sole purpose of providing
    information concerning domestic renewable energy and energy
    efficiency products, technologies, and industries to
    territories, foreign governments, industries, and other
    appropriate persons.
        (b) Authorization of Appropriations.--There are authorized
    to be appropriated to the Secretary for the purposes of this
    section $500,000 for each of the fiscal years 1993 and 1994,
    and such sums as may be necessary for fiscal year 1995.

    SEC. 1211.\8\ INNOVATIVE RENEWABLE ENERGY TECHNOLOGY TRANSFER PROGRAM.

        (a) Establishment of Program.--The Secretary, through the
    Agency for International Development, and in consultation with
    the other members of the interagency working group established
    under section 256(d) of Energy Policy and Conservation Act (in
    this section referred to as the ``interagency working group''),
    shall establish a renewable energy technology transfer program
    to carry out the purposes described in subsection (b). Within
    150 days after the date of the enactment of this Act, the
    Secretary and the Administrator of the Agency for International
    Development shall enter into a written agreement to carry out
    this section. The agreement shall establish a procedure for
    resolving any disputes between the Secretary and the
    Administrator regarding the implementation of specific
    projects. With respect to countries not assisted by the Agency
    for International Development, the Secretary may enter into
    agreements with other appropriate Federal agencies. If the
    Secretary and the Administrator, or the Secretary and an agency
    described in the previous sentence, are unable to reach an
    agreement, each shall send a memorandum to the President
    outlining an appropriate agreement. Within 90 days after
    receipt of either memorandum, the President shall determine
    which version of the agreement shall be in effect. Any
    agreement entered into under this subsection shall be provided
    to the appropriate committees of the Congress and made
    available to the public.
    ---------------------------------------------------------------------------
        \8\ 42 U.S.C. 13316.
    ---------------------------------------------------------------------------
        (b) Purposes of the Program.--The purposes of the
    technology transfer program under this section are to--
              (1) reduce the United States balance of trade deficit
            through the export of United States renewable energy
            technologies and technological expertise;
              (2) retain and create manufacturing and related
            service jobs in the United States;
              (3) encourage the export of United States renewable
            energy technologies, including services related
            thereto, to those countries that have a need for
            developmentally sound facilities to provide energy
            derived from renewable resources;
              (4) develop markets for United States renewable
            energy technologies to be utilized in meeting the
            energy and environmental requirements of foreign
            countries;
              (5) better ensure that United States participation in
            energy-related projects in foreign countries includes
            participation by United States firms as well as
            utilization of United States technologies that have
            been developed or demonstrated in the United States
            through publicly or privately funded demonstration
            programs;
              (6) ensure the introduction of United States firms
            and expertise in foreign countries;
              (7) provide financial assistance by the Federal
            Government to foster greater participation by United
            States firms in the financing, ownership, design,
            construction, or operation of renewable energy
            technology projects in foreign countries;
              (8) assist foreign countries in meeting their energy
            needs through the use of renewable energy in an
            environmentally acceptable manner, consistent with
            sustainable development policies; and
              (9) assist United States firms, especially firms that
            are in competition with firms in foreign countries, to
            obtain opportunities to transfer technologies to, or
            undertake projects in, foreign countries.
        (c) Identification.--Pursuant to the agreements required by
    subsection (a), the Secretary, through the Agency for
    International Development, and after consultation with the
    interagency working group, United States firms, and
    representatives from foreign countries, shall develop
    mechanisms to identify potential energy projects in host
    countries, and shall identify a list of such projects within
    240 days after the date of the enactment of this Act, and
    periodically thereafter.
        (d) Financial Mechanisms.--(1) Pursuant to the agreements
    under subsection (a), the Secretary, through the Agency for
    International Development, shall--
              (A) establish appropriate financial mechanisms to
            increase the participation of United States firms in
            energy projects utilizing United States renewable
            energy technologies, and services related thereto, in
            developing countries;
              (B) utilize available financial assistance authorized
            by this section to counterbalance assistance provided
            by foreign governments to non-United States firms; and
              (C) provide financial assistance to support projects.
        (2) The financial assistance authorized by this section may
    be--
              (A) provided in combination with other forms of
            financial assistance, including non-United States
            funding that is available to the project; and
              (B) utilized to assist United States firms in the
            development of innovative financing packages for
            renewable energy technology projects that utilize other
            financial assistance programs available through the
            Federal Government.
        (3) United States obligations under the Arrangement on
    Guidelines for Officially Supported Export Credits established
    through the Organization for Economic Cooperation and
    Development shall be applicable to this section.
        (e) Solicitations for Project Proposals.--(1) Pursuant to
    the agreements under subsection (a), the Secretary, through the
    Agency for International Development, within one year after the
    date of the enactment of this Act, and subsequently as
    appropriate thereafter, shall solicit proposals from United
    States firms for the design, construction, testing, and
    operation of the project or projects identified under
    subsection (c) which propose to utilize a United States
    renewable energy technology. Each solicitation under this
    section shall establish a closing date for receipt of
    proposals.
        (2) The solicitation under this subsection shall, to the
    extent appropriate, be modeled after the RFP No. DE-PS01-
    90FE62271 Clean Coal Technology IV, as administered by the
    Department of Energy.
        (3) Any solicitation made under this subsection shall
    include the following requirements:
              (A) The United States firm that submits a proposal in
            response to the solicitation shall have an equity
            interest in the proposed project.
              (B) The project shall utilize a United States
            renewable energy technology, including services related
            thereto, in meeting the applicable energy and
            environmental requirements of the host country.
              (C) Proposals for projects shall be submitted by and
            undertaken with a United States firm, although a joint
            venture or other teaming arrangement with a non-United
            States manufacturer or other non-United States entity
            is permissible.
        (f) Assistance to United States Firms.--Pursuant to the
    agreements under subsection (a), the Secretary, through the
    Agency for International Development, and in consultation with
    the interagency working group, shall establish a procedure to
    provide financial assistance to United States firms under this
    section for a project identified under subsection (c) where
    solicitations for the project are being conducted by the host
    country or by a multilateral lending institution.
        (g) Other Program Requirements.--Pursuant to the agreements
    under subsection (a), the Secretary, through the Agency for
    International Development, and in consultation with the working
    group, shall--
              (1) establish eligibility criteria for host
            countries;
              (2) periodically review the energy needs of such
            countries and export opportunities for United States
            firms for the development of projects in such
            countries;
              (3) consult with government officials in host
            countries and, as appropriate, with representatives of
            utilities or other entities in host countries, to
            determine interest in and support for potential
            projects; and
              (4) determine whether each project selected under
            this section is developmentally sound, as determined
            under the criteria developed by the Development
            Assistance Committee of the Organization for Economic
            Cooperation and Development.
        (h) Selection of Projects.--(1) Pursuant to the agreements
    under subsection (a), the Secretary, through the Agency for
    International Development, shall, not later than 120 days after
    receipt of proposals in response to a solicitation under
    subsection (e), select one or more proposals under this
    section.
        (2) In selecting a proposal under this section, the
    Secretary, through the Agency for International Development,
    shall consider--
              (A) the ability of the United States firm, in
            cooperation with the host country, to undertake and
            complete the project;
              (B) the degree to which the equipment to be included
            in the project is designed and manufactured in the
            United States;
              (C) the long-term technical and competitive viability
            of the United States technology, and services related
            thereto, and the ability of the United States firm to
            compete in the development of additional energy
            projects using such technology in the host country and
            in other foreign countries;
              (D) the extent of technical and financial involvement
            of the host country in the project;
              (E) the extent to which the proposed project meets
            the purposes stated in section 1201(b);
              (F) the extent of technical, financial, management,
            and marketing capabilities of the participants in the
            project, and the commitment of the participants to
            completion of a successful project in a manner that
            will facilitate acceptance of the United States
            technology for future application; and
              (G) such other criteria as may be appropriate.
        (3) In selecting among proposed projects, the Secretary
    shall seek to ensure that, relative to otherwise comparable
    projects in the host country, a selected project will meet 1 or
    more of the following criteria:
              (A) It will reduce environmental emissions to an
            extent greater than required by applicable provisions
            of law.
              (B) It will make greater use of indigenous renewable
            energy resources.
              (C) It will be a more cost-effective technological
            alternative, based on life cycle capital and operating
            costs per unit of energy produced and, where
            applicable, costs per unit of product produced.
            Priority in selection shall be given to those projects
            which, in the judgment of the Secretary, best meet one
            or more of these criteria.
        (i) United States-Asia Environmental Partnership.--
    Activities carried out under this section shall be coordinated
    with the United States-Asia Environmental Partnership.
        (j) Buy America.--In carrying out this section, the
    Secretary, through the Agency for International Development,
    and pursuant to the agreements under subsection (a), shall
    ensure--
              (1) the maximum percentage, but in no case less than
            50 percent, of the cost of any equipment furnished in
            connection with a project authorized under this section
            shall be attributable to the manufactured United States
            components of such equipment; and
              (2) the maximum participation of United States firms.
    In determining whether the cost of United States components
    equals or exceeds 50 percent, the cost of assembly of such
    United States components in the host country shall not be
    considered a part of the cost of such United States component.
        (k) Reports to Congress.--The Secretary and the
    Administrator of the Agency for International Development shall
    report annually to the Committee on Energy and Natural
    Resources of the Senate and the appropriate committees of the
    House of Representatives on the progress being made to
    introduce renewable energy technologies into foreign countries.
        (l) Definitions.--For purposes of this section--
              (1) the term ``host country'' means a foreign country
            which is--
                      (A) the participant in or the site of the
                    proposed renewable energy technology project;
                    and
                      (B) either--
                              (i) classified as a country eligible
                            to participate in development
                            assistance programs of the Agency for
                            International Development pursuant to
                            applicable law or regulation; or
                              (ii) a developing country.
              (2) the term ``developing country'' includes, but is
            not limited to, countries in Central and Eastern Europe
            or in the independent states of the former Soviet
            Union.
        (m) Authorization for Program.--There are authorized to be
    appropriated to the Secretary to carry out the program required
    by this section, $100,000,000 for each of the fiscal years
    1993, 1994, 1995, 1996, 1997, and 1998.

    SEC. 1212.\9\ RENEWABLE ENERGY PRODUCTION INCENTIVE.

        (a) Incentive Payments.--
    ---------------------------------------------------------------------------
        \9\ 42 U.S.C. 13317.
    ---------------------------------------------------------------------------
              (1) \10\ For electric energy generated and sold by a
            qualified renewable energy facility during the
            incentive period, the Secretary shall make, subject to
            the availability of appropriations, incentive payments
            to the owner or operator of such facility.
    ---------------------------------------------------------------------------
        \10\ Sec. 202(a) of the Energy Policy Act of 2005 (Public Law 109-
    58; 119 Stat. 651) designated each of the first three sentences of
    subsec. (a) as paras. (1), (2), and (3), struck out the fourth sentence
    of subsec. (a), and added para. (4). The fourth sentence of subsec. (a)
    previously read as follows: ``Such application shall be in such form,
    and shall be submitted at such time, as the Secretary shall
    establish.''
    ---------------------------------------------------------------------------
              (2) \10\ The amount of such payment made to any such
            owner or operator shall be as determined under
            subsection (e).
              (3) \10\ Payments under this section may only be made
            upon receipt by the Secretary of an incentive payment
            application which establishes that the applicant is
            eligible to receive such payment.\11\
    ---------------------------------------------------------------------------
        \11\ Sec. 202(a)(3) of the Energy Policy Act of 2005 (Public Law
    109-58; 119 Stat. 651) struck out ``and which satisfies such other
    requirements as the Secretary deems necessary'' which previously
    appeared at this point.
    ---------------------------------------------------------------------------
              (4) \10\ (A) Subject to subparagraph (B), if there
            are insufficient appropriations to make full payments
            for electric production from all qualified renewable
            energy facilities for a fiscal year, the Secretary
            shall assign--
                      (i) 60 percent of appropriated funds for the
                    fiscal year to facilities that use solar, wind,
                    ocean (including tidal, wave, current, and
                    thermal), geothermal, or closed-loop (dedicated
                    energy crops) biomass technologies to generate
                    electricity; and
                      (ii) 40 percent of appropriated funds for the
                    fiscal year to other projects.
              (B) After submitting to Congress an explanation of
            the reasons for the alteration, the Secretary may alter
            the percentage requirements of subparagraph (A).
        (b) Qualified Renewable Energy Facility.--For purposes of
    this section, a qualified renewable energy facility is a
    facility which is owned by a not-for-profit electric
    cooperative, a public utility described in section 115 of the
    Internal Revenue Code of 1986, a State, Commonwealth,
    territory, or possession of the United States, or the District
    of Columbia, or a political subdivision thereof, an Indian
    tribal government or subdivision thereof, or a Native
    Corporation (as defined in section 3 of the Alaska Native
    Claims Settlement Act (43 U.S.C. 1602)),\12\ and which
    generates electric energy for sale in, or affecting, interstate
    commerce using solar, wind, biomass, landfill gas, livestock
    methane, ocean (including tidal, wave, current, and
    thermal),\13\ or geothermal energy, except that--
    ---------------------------------------------------------------------------
        \12\ Sec. 202(b)(1) of the Energy Policy Act of 2005 (Public Law
    109-58; 119 Stat. 651) struck out ``a State or any political
    subdivision of a State (or an agency, authority, or instrumentality of
    a State or a political subdivision), by any corporation or association
    which is wholly owned, directly or indirectly, by one or more of the
    foregoing, or by a nonprofit electrical cooperative'' and inserted in
    lieu thereof ``a not-for-profit electric cooperative, a public utility
    described in section 115 of the Internal Revenue Code of 1986, a State,
    Commonwealth, territory, or possession of the United States, or the
    District of Columbia, or a political subdivision thereof, an Indian
    tribal government or subdivision thereof, or a Native Corporation (as
    defined in section 3 of the Alaska Native Claims Settlement Act (43
    U.S.C. 1602))''.
        \13\ Sec. 202(b)(2) of the Energy Policy Act of 2005 (Public Law
    109-58; 119 Stat. 651) inserted ``landfill gas, livestock methane,
    ocean (including tidal, wave, current, and thermal),''.
    ---------------------------------------------------------------------------
              (1) the burning of municipal solid waste shall not be
            treated as using biomass energy; and
              (2) geothermal energy shall not include energy
            produced from a dry steam geothermal reservoir which
            has--
                      (A) no mobile liquid in its natural state;
                      (B) steam quality of 95 percent water; and
                      (C) an enthalpy for the total produced fluid
                    greater than or equal to 1200 Btu/lb (British
                    thermal units per pound).
        (c) Eligibility Window.--Payments may be made under this
    section only for electricity generated from a qualified
    renewable energy facility first used before October 1,
    2016.\14\
    ---------------------------------------------------------------------------
        \14\ Sec. 202(c) of the Energy Policy Act of 2005 (Public Law 109-
    58; 119 Stat. 651) struck out ``during the 10-fiscal year period
    beginning with the first full fiscal year occurring after the enactment
    of this section'' and inserted in lieu thereof ``before October 1,
    2016''.
    ---------------------------------------------------------------------------
        (d) Payment Period.--A qualified renewable energy facility
    may receive payments under this section for a 10-fiscal year
    period. Such period shall begin with the fiscal year in which
    electricity generated from the facility is first eligible for
    such payments, or in which the Secretary determines that all
    necessary Federal and State authorizations have been obtained
    to begin construction of the facility.\15\
    ---------------------------------------------------------------------------
        \15\ Sec. 202(d) of the Energy Policy Act of 2005 (Public Law 109-
    58; 119 Stat. 651) inserted ``, or in which the Secretary determines
    that all necessary Federal and State authorizations have been obtained
    to begin construction of the facility''.
    ---------------------------------------------------------------------------
        (e) Amount of Payment.--
              (1) In general.--Incentive payments made by the
            Secretary under this section to the owner or operator
            of any qualified renewable energy facility shall be
            based on the number of kilowatt hours of electricity
            generated by the facility through the use of solar,
            wind, biomass, landfill gas, livestock methane, ocean
            (including tidal, wave, current, and thermal),\16\ or
            geothermal energy during the payment period referred to
            in subsection (d). For any facility, the amount of such
            payment shall be 1.5 cents per kilowatt hour, adjusted
            as provided in paragraph (2).
    ---------------------------------------------------------------------------
        \16\ Sec. 202(e) of the Energy Policy Act of 2005 (Public Law 109-
    58; 119 Stat. 651) inserted ``landfill gas, livestock methane, ocean
    (including tidal, wave, current, and thermal),''.
    ---------------------------------------------------------------------------
              (2) Adjustments.--The amount of the payment made to
            any person under this subsection as provided in
            paragraph (1) shall be adjusted for inflation for each
            fiscal year beginning after calendar year 1993 in the
            same manner as provided in the provisions of section
            29(d)(2)(B) of the Internal Revenue Code of 1986,
            except that in applying such provisions the calendar
            year 1993 shall be substituted for calendar year 1979.
        (f) Sunset.--No payment may be made under this section to
    any facility after September 30, 2026,\17\ and no payment may
    be made under this section to any facility after a payment has
    been made with respect to such facility for a 10-fiscal year
    period.
    ---------------------------------------------------------------------------
        \17\ Sec. 202(f) of the Energy Policy Act of 2005 (Public Law 109-
    58; 119 Stat. 652) struck out ``the expiration of the 20-fiscal year
    period beginning with the first full fiscal year occurring after the
    enactment of this section'' and inserted in lieu thereof ``September
    30, 2026''.
    ---------------------------------------------------------------------------
        (g) \18\ Authorization of Appropriations.--There are
    authorized to be appropriated such sums as are necessary to
    carry out this section for each of fiscal years 2006 through
    2026, to remain available until expended.
    ---------------------------------------------------------------------------
        \18\ Sec. 202(g) of the Energy Policy Act of 2005 (Public Law 109-
    58; 119 Stat. 652) struck out subsec. (g) and inserted in lieu thereof
    a new subsec. (g). Subsec. (g) previously read as follows:
        ``(g) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary for fiscal years 1993, 1994, and 1995
    such sums as may be necessary to carry out the purposes of this
    section.''.
    ---------------------------------------------------------------------------

                                TITLE XIII--COAL

              * * * * * * *

                       Subtitle C--Other Coal Provisions

    SEC. 1331.\19\ CLEAN COAL TECHNOLOGY EXPORT PROMOTION AND INTERAGENCY
                        COORDINATION.

        (a) Establishment.--There shall be established within the
    Trade Promotion Coordinating Committee (established by the
    President on May 23, 1990) a Clean Coal Technology Subgroup (in
    this subtitle referred to as the ``CCT Subgroup'') to focus
    interagency efforts on clean coal technologies. The CCT
    Subgroup shall seek to expand the export and use of clean coal
    technologies, particularly in those countries which can benefit
    from gains in the efficiency of, and the control of
    environmental emissions from, coal utilization.
    ---------------------------------------------------------------------------
        \19\ 42 U.S.C. 13361.
    ---------------------------------------------------------------------------
        (b) Membership.--The CCT Subgroup shall include 1 member
    from each agency represented on the Energy, Environment, and
    Infrastructure Working Group of the Trade Promotion
    Coordinating Committee as of the date of enactment of this Act.
    The Secretary shall serve as chair of the CCT Subgroup and
    shall be responsible for ensuring that the functions of the CCT
    Subgroup are carried out through its member agencies.
        (c) Consultation.--(1) In carrying out this section, the
    CCT Subgroup shall consult with representatives from the United
    States coal industry, representatives of railroads and other
    transportation industries, organizations representing workers,
    the electric utility industry, manufacturers of equipment
    utilizing clean coal technology, members of organizations
    formed to further the goals of environmental protection or to
    promote the development and use of clean coal technologies that
    are developed, manufactured, or controlled by United States
    firms, and other appropriate interested members of the public.
        (2) The CCT Subgroup shall maintain ongoing liaison with
    other elements of the Trade Promotion Coordinating Committee
    relating to clean coal technologies or regions where these
    technologies could be important, including Eastern Europe,
    Asia, and the Pacific.
        (d) Duties.--The Secretary, acting through the CCT
    Subgroup, shall--
              (1) facilitate the establishment of technical
            training for the consideration, planning, construction,
            and operation of clean coal technologies by end users
            and international development personnel;
              (2) facilitate the establishment of and, where
            practicable, cause to be established, consistent with
            the goals and objectives stated in section 1301(a),
            within existing departments and agencies--
                      (A) financial assistance programs (including
                    grants, loan guarantees, and no interest and
                    low interest loans) to support prefeasibility
                    and feasibility studies for projects that will
                    utilize clean coal technologies; and
                      (B) loan guarantee programs, grants, and no
                    interest and low interest loans designed to
                    facilitate access to capital and credit in
                    order to finance such clean coal technology
                    projects;
              (3) develop and ensure the execution of programs,
            including the establishment of financial incentives, to
            encourage and support private sector efforts in exports
            of clean coal technologies that are developed,
            manufactured, or controlled by United States firms;
              (4) encourage the training in, and understanding of,
            clean coal technologies by representatives of foreign
            companies or countries intending to use coal or clean
            coal technologies by providing technical or financial
            support for training programs, workshops, and other
            educational programs sponsored by United States firms;
              (5) educate loan officers and other officers of
            international lending institutions, commercial and
            energy attaches of the United States, and such other
            personnel as the CCT Subgroup considers appropriate,
            for the purposes of providing information about clean
            coal technologies to foreign governments or potential
            project sponsors of clean coal technology projects;
              (6) develop policies and practices to be conducted by
            commercial and energy attaches of the United States,
            and such other personnel as the CCT Subgroup considers
            appropriate, in order to promote the exports of clean
            coal technologies to those countries interested in or
            intending to utilize coal resources;
              (7) augment budgets for trade and development
            programs supported by Federal agencies for the purpose
            of financially supporting prefeasibility or feasibility
            studies for projects in foreign countries that will
            utilize clean coal technologies;
              (8) review ongoing clean coal technology projects and
            review and advise Federal agencies on the approval of
            planned clean coal technology projects which are
            sponsored abroad by any Federal agency to determine
            whether such projects are consistent with the overall
            goals and objectives of this section;
              (9) coordinate the activities of the appropriate
            Federal agencies in order to ensure that Federal clean
            coal technology export promotion policies are
            implemented in a timely fashion;
              (10) work with CCT Subgroup member agencies to
            develop an overall strategy for promoting clean coal
            technology exports, including setting goals and
            allocating specific responsibilities among member
            agencies, consistent with applicable statutes; and
              (11) coordinate with multilateral institutions to
            ensure that United States technologies are properly
            represented in their projects.
        (e) Data and Information.--(1) The CCT Subgroup, consistent
    with other applicable provisions of law, shall ensure the
    development of a comprehensive data base and information
    dissemination system, using the National Trade Data Bank and
    the Commercial Information Management System of the Department
    of Commerce, relating to the availability of clean coal
    technologies and the potential need for such technologies,
    particularly in developing countries and countries making the
    transition from nonmarket to market economies.
        (2) The Secretary, acting through the CCT Subgroup, shall
    assess and prioritize foreign markets that have the most
    potential for the export of clean coal technologies that are
    developed, manufactured, or controlled by United States firms.
    Such assessment shall include--
              (A) an analysis of the financing requirements for
            clean coal technology projects in foreign countries and
            whether such projects are dependent upon financial
            assistance from foreign countries or multilateral
            institutions;
              (B) the availability of other fuel or energy
            resources that may be available to meet the energy
            requirements intended to be met by the clean coal
            technology projects;
              (C) the priority of environmental considerations in
            the selection of such projects;
              (D) the technical competence of those entities likely
            to be involved in the planning and operation of such
            projects;
              (E) an objective comparison of the environmental,
            energy, and economic performance of each clean coal
            technology relative to conventional technologies;
              (F) a list of United States vendors of clean coal
            technologies; and
              (G) answers to commonly asked questions about clean
            coal technologies,\20\
    ---------------------------------------------------------------------------
        \20\ As enrolled. Should probably be a period.
    ---------------------------------------------------------------------------
    The Secretary, acting through the CCT Subgroup, shall make such
    information available to the House of Representatives and the
    Senate, and to the appropriate committees of each House of
    Congress, industry, Federal and international financing
    organizations, nongovernmental organizations, potential
    customers abroad, governments of countries where such clean
    coal technologies might be used, and such others as the CCT
    Subgroup considers appropriate.
        (f) Report.--Within 180 days after the Secretary submits
    the report to the Congress as required by section 409 of Public
    Law 101-549, the Secretary, acting through the CCT Subgroup,
    shall provide to the appropriate committees of the House of
    Representatives and the Committee on Energy and Natural
    Resources of the Senate, a plan which details actions to be
    taken in order to address those recommendations and findings
    made in the report submitted pursuant to section 409 of Public
    Law 101-549. As a part of the plan required by this subsection,
    the Secretary, acting through the CCT Subgroup, shall
    specifically address the adequacy of financial assistance
    available from Federal departments and agencies and
    international financing organizations to aid in the financing
    of prefeasibility and feasibility studies and projects that
    would use a clean coal technology in developing countries and
    countries making the transition from nonmarket to market
    economies.

    SEC. 1332.\21\ INNOVATIVE CLEAN COAL TECHNOLOGY TRANSFER PROGRAM.

        (a) Establishment of Program.--The Secretary, through the
    Agency for International Development, and in consultation with
    the other members of the CCT Subgroup, shall establish a clean
    coal technology transfer program to carry out the purposes
    described in subsection (b). Within 150 days after the date of
    enactment of this Act, the Secretary and the Administrator of
    the Agency for International Development shall enter into a
    written agreement to carry out this section. The agreement
    shall establish a procedure for resolving any disputes between
    the Secretary and the Administrator regarding the
    implementation of specific projects. With respect to countries
    not assisted by the Agency for International Development, the
    Secretary may enter into agreements with other appropriate
    United States agencies. If the Secretary and the Administrator,
    or the Secretary and an agency described in the previous
    sentence, are unable to reach an agreement, each shall send a
    memorandum to the President outlining an appropriate agreement.
    Within 90 days after receipt of either memorandum, the
    President shall determine which version of the agreement shall
    be in effect. Any agreement entered into under this subsection
    shall be provided to the appropriate committees of the Congress
    and made available to the public.
    ---------------------------------------------------------------------------
        \21\ 42 U.S.C. 13362.
    ---------------------------------------------------------------------------
        (b) Purposes of the Program.--The purposes of the
    technology transfer program under this section are to--
              (1) reduce the United States balance of trade deficit
            through the export of United States energy technologies
            and technological expertise;
              (2) retain and create manufacturing and related
            service jobs in the United States;
              (3) encourage the export of United States
            technologies, including services related thereto, to
            those countries that have a need for developmentally
            sound facilities to provide energy derived from coal
            resources;
              (4) develop markets for United States technologies
            and, where appropriate, United States coal resources to
            be utilized in meeting the energy and environmental
            requirements of foreign countries;
              (5) better ensure that United States participation in
            energy-related projects in foreign countries includes
            participation by United States firms as well as
            utilization of United States technologies that have
            been developed or demonstrated in the United States
            through publicly or privately funded demonstration
            programs;
              (6) provide for the accelerated deployment of United
            States technologies that will serve to introduce into
            foreign countries United States technologies intended
            to use coal resources in a more efficient, cost-
            effective, and environmentally acceptable manner;
              (7) serve to ensure the introduction of United States
            firms and expertise in foreign countries;
              (8) provide financial assistance by the Federal
            Government to foster greater participation by United
            States firms in the financing, ownership, design,
            construction, or operation of clean coal technology
            projects in foreign countries;
              (9) assist foreign countries in meeting their energy
            needs through the use of coal in an environmentally
            acceptable manner, consistent with sustainable
            development policies; and
              (10) assist United States firms, especially firms
            that are in competition with firms in foreign
            countries, to obtain opportunities to transfer
            technologies to, or undertake projects in, foreign
            countries.
        (c) Identification.--Pursuant to the agreements required by
    subsection (a), the Secretary, through the Agency for
    International Development, and after consultation with the CCT
    Subgroup, United States firms, and representatives from foreign
    countries, shall develop mechanisms to identify potential
    energy projects in host countries, and shall identify a list of
    such projects within 240 days after the date of enactment of
    this Act, and periodically thereafter.
        (d) Financial Mechanisms.--(1) Pursuant to the agreements
    under subsection (a), the Secretary, through the Agency for
    International Development, shall--
              (A) establish appropriate financial mechanisms to
            increase the participation of United States firms in
            energy projects utilizing United States clean coal
            technologies, and services related thereto, in
            developing countries and countries making the
            transition from nonmarket to market economies;
              (B) utilize available financial assistance authorized
            by this section to counterbalance assistance provided
            by foreign governments to non-United States firms; and
              (C) provide financial assistance to support projects,
            including--
                      (i) financing the incremental costs of a
                    clean coal technology project attributable only
                    to expenditures to prevent or abate emissions;
                      (ii) providing the difference between the
                    costs of a conventional energy project in the
                    host country and a comparable project that
                    would utilize a clean coal technology capable
                    of achieving greater efficiency of energy
                    products and improved environmental emissions
                    compared to such conventional project; and
                      (iii) such other forms of financial
                    assistance as the Secretary, through the Agency
                    for International Development, considers
                    appropriate.
        (2) The financial assistance authorized by this section may
    be--
              (A) provided in combination with other forms of
            financial assistance, including non-United States
            funding that is available to the project; and
              (B) utilized to assist United States firms to develop
            innovative financing packages for clean coal technology
            projects that seek to utilize other financial
            assistance programs available through other Federal
            agencies.
        (3) United States obligations under the Arrangement on
    Guidelines for Officially Supported Export Credits established
    through the Organization for Economic Cooperation and
    Development shall be applicable to this section.
        (e) Solicitations for Project Proposals.--(1) Pursuant to
    the agreements under subsection (a), the Secretary, through the
    Agency for International Development, within one year after the
    date of enactment of this Act, and subsequently as appropriate
    thereafter, shall solicit proposals from United States firms
    for the design, construction, testing, and operation of the
    project or projects identified under subsection (c) which
    propose to utilize a United States technology. Each
    solicitation under this section shall establish a closing date
    for receipt of proposals.
        (2) The solicitation under this subsection shall, to the
    extent appropriate, be modeled after the RFP No. DE-PS01-
    90FE62271 Clean Coal Technology IV as administered by the
    Department of Energy.
        (3) Any solicitation made under this subsection shall
    include the following requirements:
              (A) The United States firm that submits a proposal in
            response to the solicitation shall have an equity
            interest in the proposed project.
              (B) The project shall utilize a United States clean
            coal technology, including services related thereto,
            and, where appropriate, United States coal resources,
            in meeting the applicable energy and environmental
            requirements of the host country.
              (C) Proposals for projects shall be submitted by and
            undertaken with a United States firm, although a joint
            venture or other teaming arrangement with a non-United
            States manufacturer or other non-United States entity
            is permissible.
        (f) Assistance to United States Firms.--Pursuant to the
    agreements under subsection (a), the Secretary, through the
    Agency for International Development, and in consultation with
    the CCT Subgroup, shall establish a procedure to provide
    financial assistance to United States firms under this section
    for a project identified under subsection (c) where
    solicitations for the project are being conducted by the host
    country or by a multilateral lending institution.
        (g) Other Program Requirements.--Pursuant to the agreements
    under subsection (a), the Secretary, through the Agency for
    International Development, and in consultation with the CCT
    Subgroup, shall--
              (1) establish eligibility criteria for countries that
            will host projects;
              (2) periodically review the energy needs of such
            countries and export opportunities for United States
            firms for the development of projects in such
            countries;
              (3) consult with government officials in host
            countries and, as appropriate, with representatives of
            utilities or other entities in host countries, to
            determine interest in and support for potential
            projects; and
              (4) determine whether each project selected under
            this section is developmentally sound, as determined
            under the criteria developed by the Development
            Assistance Committee of the Organization for Economic
            Cooperation and Development.
        (h) Selection of Projects.--(1) Pursuant to the agreements
    under subsection (a), the Secretary, through the Agency for
    International Development, shall, not later than 120 days after
    receipt of proposals in response to a solicitation under
    subsection (e), select one or more proposals under this
    section.
        (2) In selecting a proposal under this section, the
    Secretary, through the Agency for International Development,
    shall consider--
              (A) the ability of the United States firm, in
            cooperation with the host country, to undertake and
            complete the project;
              (B) the degree to which the equipment to be included
            in the project is designed and manufactured in the
            United States;
              (C) the long-term technical and competitive viability
            of the United States technology, and services related
            thereto, and the ability of the United States firm to
            compete in the development of additional energy
            projects using such technology in the host country and
            in other foreign countries;
              (D) the extent of technical and financial involvement
            of the host country in the project;
              (E) the extent to which the proposed project meets
            the goals and objectives stated in section 1301(a);
            \22\
    ---------------------------------------------------------------------------
        \22\ See 42 U.S.C. 13331.
    ---------------------------------------------------------------------------
              (F) the extent of technical, financial, management,
            and marketing capabilities of the participants in the
            project, and the commitment of the participants to
            completion of a successful project in a manner that
            will facilitate acceptance of the United States
            technology for future application; and
              (G) such other criteria as may be appropriate.
        (3) In selecting among proposed projects, the Secretary
    shall seek to ensure that, relative to otherwise comparable
    projects in the host country, a selected project will meet 1 or
    more of the following criteria:
              (A) It will reduce environmental emissions to an
            extent greater than required by applicable provisions
            of law.
              (B) It will increase the overall efficiency of the
            utilization of coal, including energy conversion
            efficiency and, where applicable, production of
            products derived from coal.
              (C) It will be a more cost-effective technological
            alternative, based on life cycle capital and operating
            costs per unit of energy produced and, where
            applicable, costs per unit of product produced.
    Priority in selection shall be given to those projects which,
    in the judgment of the Secretary, best meet one or more of
    these criteria.
        (i) United States-Asia Environmental Partnership.--
    Activities carried out under this section shall be coordinated
    with the United States-Asia Environmental Partnership.
        (j) Buy America.--In carrying out this section, the
    Secretary, through the Agency for International Development,
    and pursuant to the agreements under subsection (a), shall
    ensure--
              (1) the maximum percentage, but in no case less than
            50 percent, of the cost of any equipment furnished in
            connection with a project authorized under this section
            shall be attributable to the manufactured United States
            components of such equipment; and
              (2) the maximum participation of United States firms.
    In determining whether the cost of United States components
    equals or exceeds 50 percent, the cost of assembly of such
    United States components in the host country shall not be
    considered a part of the cost of such United States component.
        (k) Reports to Congress.--The Secretary and the
    Administrator of the Agency for International Development shall
    report annually to the Committee on Energy and Natural
    Resources of the Senate and the appropriate committees of the
    House of Representatives on the progress being made to
    introduce clean coal technologies into foreign countries.
        (l) Definition.--For purposes of this section, the term
    ``host country'' means a foreign country which is--
              (1) the participant in or the site of the proposed
            clean coal technology project; and
              (2) either--
                      (A) classified as a country eligible to
                    participate in development assistance programs
                    of the Agency for International Development
                    pursuant to applicable law or regulation; or
                      (B) a developing country or country with an
                    economy in transition from a nonmarket to a
                    market economy.
        (m) Authorization for Program.--There are authorized to be
    appropriated to the Secretary to carry out the program required
    by this section, $100,000,000 for each of the fiscal years
    1993, 1994, 1995, 1996, 1997, and 1998.

    SEC. 1333.\23\ CONVENTIONAL COAL TECHNOLOGY TRANSFER.

        If the Secretary determines that the utilization of a clean
    coal technology is not practicable for a proposed project and
    that a United States conventional coal technology would
    constitute a substantial improvement in efficiency, costs, and
    environmental performance relative to the technology being used
    in a developing country or country making the transition from
    nonmarket to market economies, with significant indigenous coal
    resources, such technology shall, for purposes of sections 1321
    and 1322, be considered a clean coal technology. In the case of
    combustion technologies, only the retrofit, repowering, or
    replacement of a conventional technology shall constitute a
    substantial improvement for purposes of this section. In
    carrying out this section, the Secretary shall give highest
    priority to promoting the most environmentally sound and energy
    efficient technologies.
    ---------------------------------------------------------------------------
        \23\ 42 U.S.C. 13363.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 1338.\24\ COAL EXPORTS.

        (a) Plan.--Within 180 days after the date of enactment of
    this Act, the Secretary of Commerce, in cooperation with the
    Secretary and other appropriate Federal agencies, shall submit
    to the appropriate committees of the House of Representatives
    and the Committee on Energy and Natural Resources of the Senate
    a plan for expanding exports of coal mined in the United
    States.
    ---------------------------------------------------------------------------
        \24\ 42 U.S.C. 13367.
    ---------------------------------------------------------------------------
        (b) Plan Contents.--The plan submitted under subsection (a)
    shall include--
              (1) a description of the location, size, and
            projected growth in potential export markets for coal
            mined in the United States;
              (2) the identification by country of the foreign
            trade barriers to the export of coal mined in the
            United States, including foreign coal production and
            utilization subsidies, tax treatment, labor practices,
            tariffs, quotas, and other nontariff barriers;
              (3) recommendations and a plan for addressing any
            such trade barriers;
              (4) an evaluation of existing infrastructure in the
            United States and any new infrastructure requirements
            in the United States to support an expansion of exports
            of coal mined in the United States, including ports,
            vessels, rail lines, and any other supporting
            infrastructure; and
              (5) an assessment of environmental implications of
            coal exports and the identification of export
            opportunities for blending coal mined in the United
            States with coal indigenous to other countries to
            enhance energy efficiency and environmental
            performance.
              * * * * * * *

    SEC. 1341.\25\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Secretary
    for carrying out this subtitle, other than section 1322,\26\
    such sums as may be necessary for fiscal years 1993 through
    1998.
    ---------------------------------------------------------------------------
        \25\ 42 U.S.C. 13370.
        \26\ As enrolled. Should read ``section 1332,''.
    ---------------------------------------------------------------------------
              * * * * * * *

                        TITLE XVI--GLOBAL CLIMATE CHANGE

    SEC. 1601.\27\ REPORT.

        Not later than 2 years after the date of the enactment of
    this Act, the Secretary shall submit a report to the Congress
    that includes an assessment of--
    ---------------------------------------------------------------------------
        \27\ 42 U.S.C. 13381.
    ---------------------------------------------------------------------------
              (1) the feasibility and economic, energy, social,
            environmental, and competitive implications, including
            implications for jobs, of stabilizing the generation of
            greenhouse gases in the United States by the year 2005;
              (2) the recommendations made in chapter 9 of the 1991
            National Academy of Sciences report entitled ``Policy
            Implications of Greenhouse Warming'', including an
            analysis of the benefits and costs of each
            recommendation;
              (3) the extent to which the United States is
            responding, compared with other countries, to the
            recommendations made in chapter 9 of the 1991 National
            Academy of Sciences report;
              (4) the feasibility of reducing the generation of
            greenhouse gases;
              (5) the feasibility and economic, energy, social,
            environmental, and competitive implications, including
            implications for jobs, of achieving a 20 percent
            reduction from 1988 levels in the generation of carbon
            dioxide by the year 2005 as recommended by the 1988
            Toronto Scientific World Conference on the Changing
            Atmosphere;
              (6) the potential economic, energy, social,
            environmental, and competitive implications, including
            implications for jobs, of implementing the policies
            necessary to enable the United States to comply with
            any obligations under the United Nations Framework
            Convention on Climate Change or subsequent
            international agreements.

    SEC. 1602.\28\ LEAST-COST ENERGY STRATEGY.

        (a) Strategy.--The first National Energy Policy Plan (in
    this title referred to as the ``Plan'') under section 801 of
    the Department of Energy Organization Act (42 U.S.C. 7321)
    prepared and required to be submitted by the President to
    Congress after February 1, 1993, and each subsequent such Plan,
    shall include a least-cost energy strategy prepared by the
    Secretary. In developing the least-cost energy strategy, the
    Secretary shall take into consideration the economic, energy,
    social, environmental, and competitive costs and benefits,
    including costs and benefits for jobs, of his choices. Such
    strategy shall also take into account the report required under
    section 1601 and relevant Federal, State, and local
    requirements. Such strategy shall be designed to achieve to the
    maximum extent practicable and at least-cost to the Nation--
    ---------------------------------------------------------------------------
        \28\ 42 U.S.C. 13382.
    ---------------------------------------------------------------------------
              (1) the energy production, utilization, and energy
            conservation priorities of subsection (d);
              (2) the stabilization and eventual reduction in the
            generation of greenhouse gases;
              (3) an increase in the efficiency of the Nation's
            total energy use by 30 percent over 1988 levels by the
            year 2010;
              (4) an increase in the percentage of energy derived
            from renewable resources by 75 percent over 1988 levels
            by the year 2005; and
              (5) a reduction in the Nation's oil consumption from
            the 1990 level of approximately 40 percent of total
            energy use to 35 percent by the year 2005.
        (b) Additional Contents.--The least-cost energy strategy
    shall also include--
              (1) a comprehensive inventory of available energy and
            energy efficiency resources and their projected costs,
            taking into account all costs of production,
            transportation, distribution, and utilization of such
            resources, including--
                      (A) coal, clean coal technologies, coal seam
                    methane, and underground coal gasification;
                      (B) energy efficiency, including existing
                    technologies for increased efficiency in
                    production, transportation, distribution, and
                    utilization of energy, and other technologies
                    that are anticipated to be available through
                    further research and development; and
                      (C) other energy resources, such as renewable
                    energy, solar energy, nuclear fission, fusion,
                    geothermal, biomass, fuel cells, hydropower,
                    and natural gas;
              (2) a proposed two-year program for ensuring adequate
            supplies of the energy and energy efficiency resources
            and technologies described in paragraph (1), and an
            identification of administrative actions that can be
            undertaken within existing Federal authority to ensure
            their adequate supply;
              (3) estimates of life-cycle costs for existing energy
            production facilities;
              (4) basecase forecasts of short-term and long-term
            national energy needs under low and high case
            assumptions of economic growth; and
              (5) an identification of all applicable Federal
            authorities needed to achieve the purposes of this
            section, and of any inadequacies in those authorities.
        (c) Secretarial Consideration.--In developing the least-
    cost energy strategy, the Secretary shall give full
    consideration to--
              (1) the relative costs of each energy and energy
            efficiency resource based upon a comparison of all
            direct and quantifiable net costs for the resource over
            its available life, including the cost of production,
            transportation, distribution, utilization, waste
            management, environmental compliance, and, in the case
            of imported energy resources, maintaining access to
            foreign sources of supply; and
              (2) the economic, energy, social, environmental, and
            competitive consequences resulting from the
            establishment of any particular order of Federal
            priority as determined under subsection (d).
        (d) Priorities.--The least-cost energy strategy shall
    identify Federal priorities, including policies that--
              (1) implement standards for more efficient use of
            fossil fuels;
              (2) increase the energy efficiency of existing
            technologies;
              (3) encourage technologies, including clean coal
            technologies, that generate lower levels of greenhouse
            gases;
              (4) promote the use of renewable energy resources,
            including solar, geothermal, sustainable biomass,
            hydropower, and wind power;
              (5) affect the development and consumption of energy
            and energy efficiency resources and electricity through
            tax policy;
              (6) encourage investment in energy efficient
            equipment and technologies; and
              (7) encourage the development of energy technologies,
            such as advanced nuclear fission and nuclear fusion,
            that produce energy without greenhouse gases as a
            byproduct, and encourage the deployment of nuclear
            electric generating capacity.
        (e) Assumptions.--The Secretary shall include in the least-
    cost energy strategy an identification of all of the
    assumptions used in developing the strategy and priorities
    thereunder, and the reasons for such assumptions.
        (f) Preference.--When comparing an energy efficiency
    resource to an energy resource, a higher priority shall be
    assigned to the energy efficiency resource whenever all direct
    and quantifiable net costs for the resource over its available
    life are equal to the estimated cost of the energy resource.
        (g) Public Review and Comment.--The Secretary shall provide
    for a period of public review and comment of the least-cost
    energy strategy, for a period of at least 30 days, to be
    completed at least 60 days before the issuance of such
    strategy. The Secretary shall also provide for public review
    and comment before the issuance of any update to the least-cost
    energy strategy required under this section.

    SEC. 1603.\29\ DIRECTOR OF CLIMATE PROTECTION.

        Within 6 months after the date of the enactment of this
    Act, the Secretary shall establish, within the Department of
    Energy, a Director of Climate Protection (in this section
    referred to as the ``Director''). The Director shall--
    ---------------------------------------------------------------------------
        \29\ 42 U.S.C. 13383.
    ---------------------------------------------------------------------------
              (1) in the absence of the Secretary, serve as the
            Secretary's representative for interagency and
            multilateral policy discussions of global climate
            change, including the activities of the Committee on
            Earth and Environmental Sciences as established by the
            Global Change Research Act of 1990 (Public Law 101-606)
            and the Policy Coordinating Committee Working Group on
            Climate Change;
              (2) monitor, in cooperation with other Federal
            agencies, domestic and international policies for their
            effects on the generation of greenhouse gases; and
              (3) have the authority to participate in the planning
            activities of relevant Department of Energy programs.

    SEC. 1604.\30\ ASSESSMENT OF ALTERNATIVE POLICY MECHANISMS FOR
                        ADDRESSING GREENHOUSE GAS EMISSIONS.

        Not later than 18 months after the date of the enactment of
    this Act, the Secretary shall transmit a report to Congress
    containing a comparative assessment of alternative policy
    mechanisms for reducing the generation of greenhouse gases.
    Such assessment shall include a short-run and long-run analysis
    of the social, economic, energy, environmental, competitive,
    and agricultural costs and benefits, including costs and
    benefits for jobs and competition, and the practicality of each
    of the following policy mechanisms:
    ---------------------------------------------------------------------------
        \30\ 42 U.S.C. 13384.
    ---------------------------------------------------------------------------
              (1) Various systems for controlling the generation of
            greenhouse gases, including caps for the generation of
            greenhouse gases from major sources and emissions
            trading programs.
              (2) Federal standards for energy efficiency for major
            sources of greenhouse gases, including efficiency
            standards for power plants, industrial processes,
            automobile fuel economy, appliances, and buildings, and
            for emissions of methane.
              (3) Various Federal and voluntary incentives
            programs.

    SEC. 1605.\31\ NATIONAL INVENTORY AND VOLUNTARY REPORTING OF GREENHOUSE
                        GASES.

        (a) National Inventory.--Not later than one year after the
    date of the enactment of this Act, the Secretary, through the
    Energy Information Administration, shall develop, based on data
    available to, and obtained by, the Energy Information
    Administration, an inventory of the national aggregate
    emissions of each greenhouse gas for each calendar year of the
    baseline period of 1987 through 1990. The Administrator of the
    Energy Information Administration shall annually update and
    analyze such inventory using available data. This subsection
    does not provide any new data collection authority.
    ---------------------------------------------------------------------------
        \31\ 42 U.S.C. 13385.
    ---------------------------------------------------------------------------
        (b) Voluntary Reporting.--
              (1) Issuance of guidelines.--Not later than 18 months
            after the date of the enactment of this Act, the
            Secretary shall, after opportunity for public comment,
            issue guidelines for the voluntary collection and
            reporting of information on sources of greenhouse
            gases. Such guidelines shall establish procedures for
            the accurate voluntary reporting of information on--
                      (A) greenhouse gas emissions--
                              (i) for the baseline period of 1987
                            through 1990; and
                              (ii) for subsequent calendar years on
                            an annual basis;
                      (B) annual reductions of greenhouse gas
                    emissions and carbon fixation achieved through
                    any measures, including fuel switching, forest
                    management practices, tree planting, use of
                    renewable energy, manufacture or use of
                    vehicles with reduced greenhouse gas emissions,
                    appliance efficiency, energy efficiency,
                    methane recovery, cogeneration,
                    chlorofluorocarbon capture and replacement, and
                    power plant heat rate improvement;
                      (C) reductions in greenhouse gas emissions
                    achieved as a result of--
                              (i) voluntary reductions;
                              (ii) plant or facility closings; and
                              (iii) State or Federal requirements;
                            and
                      (D) an aggregate calculation of greenhouse
                    gas emissions by each reporting entity.
            Such guidelines shall also establish procedures for
            taking into account the differential radiative activity
            and atmospheric lifetimes of each greenhouse gas.
              (2) Reporting procedures.--The Administrator of the
            Energy Information Administration shall develop forms
            for voluntary reporting under the guidelines
            established under paragraph (1), and shall make such
            forms available to entities wishing to report such
            information. Persons reporting under this subsection
            shall certify the accuracy of the information reported.
              (3) Confidentiality.--Trade secret and commercial or
            financial information that is privileged or
            confidential shall be protected as provided in section
            552(b)(4) of title 5, United States Code.
              (4) Establishment of data base.--Not later than 18
            months after the date of the enactment of this Act, the
            Secretary, through the Administrator of the Energy
            Information Administration, shall establish a data base
            comprised of information voluntarily reported under
            this subsection. Such information may be used by the
            reporting entity to demonstrate achieved reductions of
            greenhouse gases.
        (c) Consultation.--In carrying out this section, the
    Secretary shall consult, as appropriate, with the Administrator
    of the Environmental Protection Agency.

    SEC. 1606. REPEAL.

        Title III of the Energy Security Act (42 U.S.C. 7361 et
    seq.) is hereby repealed.

    SEC. 1607.\32\ CONFORMING AMENDMENT.

        The Secretary, through the Trade Promotion Coordinating
    Council, shall develop policies and programs to encourage the
    export and promotion of domestic energy resource technologies,
    including renewable energy, energy efficiency, and clean coal
    technologies, to developing countries.
    ---------------------------------------------------------------------------
        \32\ 42 U.S.C. 13386.
    ---------------------------------------------------------------------------

    SEC. 1608.\33\ INNOVATIVE ENVIRONMENTAL TECHNOLOGY TRANSFER PROGRAM.

        (a) Establishment of Program.--The Secretary, through the
    Agency for International Development, and in consultation with
    the interagency working group established under section 256(d)
    of the Energy Policy and Conservation Act (in this section
    referred to as the ``interagency working group'', shall
    establish a technology transfer program to carry out the
    purposes described in subsection (b). Within 150 days after the
    date of the enactment of this Act, the Secretary and the
    Administrator of the Agency for International Development shall
    enter into a written agreement to carry out this section. The
    agreement shall establish a procedure for resolving any
    disputes between the Secretary and the Administrator regarding
    the implementation of specific projects. With respect to
    countries not assisted by the Agency for International
    Development, the Secretary may enter into agreements with other
    appropriate Federal agencies. If the Secretary and the
    Administrator, or the Secretary and an agency described in the
    previous sentence, are unable to reach an agreement, each shall
    send a memorandum to the President outlining an appropriate
    agreement. Within 90 days after receipt of either memorandum,
    the President shall determine which version of the agreement
    shall be in effect. Any agreement entered into under this
    subsection shall be provided to the appropriate committees of
    the Congress and made available to the public.
    ---------------------------------------------------------------------------
        \33\ 42 U.S.C. 13387.
    ---------------------------------------------------------------------------
        (b) Purposes of the Program.--The purposes of the
    technology transfer program under this section are to--
              (1) reduce the United States balance of trade deficit
            through the export of United States energy technologies
            and technological expertise;
              (2) retain and create manufacturing and related
            service jobs in the United States;
              (3) encourage the export of United States
            technologies, including services related thereto, to
            those countries that have a need for developmentally
            sound facilities to provide energy derived from
            technologies that substantially reduce environmental
            pollutants, including greenhouse gases;
              (4) develop markets for United States technologies,
            including services related thereto, that substantially
            reduce environmental pollutants, including greenhouse
            gases, that meet the energy and environmental
            requirements of foreign countries;
              (5) better ensure that United States participation in
            energy-related projects in foreign countries includes
            participation by United States firms as well as
            utilization of United States technologies;
              (6) ensure the introduction of United States firms
            and expertise in foreign countries;
              (7) provide financial assistance by the Federal
            Government to foster greater participation by United
            States firms in the financing, ownership, design,
            construction, or operation of technologies or services
            that substantially reduce environmental pollutants,
            including greenhouse gases; and
              (8) assist United States firms, especially firms that
            are in competition with firms in foreign countries, to
            obtain opportunities to transfer technologies to, or
            undertake projects in, foreign countries.
        (c) Identification.--Pursuant to the agreements required by
    subsection (a), the Secretary, through the Agency for
    International Development, and after consultation with the
    interagency working group, United States firms, and
    representatives from foreign countries, shall develop
    mechanisms to identify potential energy projects in host
    countries that substantially reduce environmental pollutants,
    including greenhouse gases, and shall identify a list of such
    projects within 240 days after the date of the enactment of
    this Act, and periodically thereafter.
        (d) Financial Mechanisms.--(1) Pursuant to the agreements
    under subsection (a), the Secretary, through the Agency for
    International Development, shall--
              (A) establish appropriate financial mechanisms to
            increase the participation of United States firms in
            energy projects, and services related thereto, that
            substantially reduce environmental pollutants,
            including greenhouse gases in foreign countries;
              (B) utilize available financial assistance authorized
            by this section to counterbalance assistance provided
            by foreign governments to non-United States firms; and
              (C) provide financial assistance to support projects.
        (2) The financial assistance authorized by this section may
    be--
              (A) provided in combination with other forms of
            financial assistance, including non-Federal funding
            that may be available for the project; and
              (B) utilized in conjunction with financial assistance
            programs available through other Federal agencies.
        (3) United States obligations under the Arrangement on
    Guidelines for Officially Supported Export Credits established
    through the Organization for Economic Cooperation and
    Development shall be applicable to this section.
        (e) Solicitations for Project Proposals.--(1) Pursuant to
    the agreements under subsection (a), the Secretary, through the
    Agency for International Development, within one year after the
    date of the enactment of this Act, and subsequently as
    appropriate thereafter, shall solicit proposals from United
    States firms for the design, construction, testing, and
    operation of the project or projects identified under
    subsection (c) which propose to utilize a United States
    technology or service. Each solicitation under this section
    shall establish a closing date for receipt of proposals.
        (2) The solicitation under this subsection shall, to the
    extent appropriate, be modeled after the RFP No. DE-PS01-
    90FE62271 Clean Coal Technology IV, as administered by the
    Department of Energy.
        (3) Any solicitation made under this subsection shall
    include the following requirements:
              (A) The United States firm that submits a proposal in
            response to the solicitation shall have an equity
            interest in the proposed project.
              (B) The project shall utilize a United States
            technology, including services related thereto, that
            substantially reduce environmental pollutants,
            including greenhouse gases, in meeting the applicable
            energy and environmental requirements of the host
            country.
              (C) Proposals for projects shall be submitted by and
            undertaken with a United States firm, although a joint
            venture or other teaming arrangement with a non-United
            States manufacturer or other non-United States entity
            is permissible.
        (f) Assistance to United States Firms.--Pursuant to the
    agreements under subsection (a), the Secretary, through the
    Agency for International Development, and in consultation with
    the interagency working group, shall establish a procedure to
    provide financial assistance to United States firms under this
    section for a project identified under subsection (c) where
    solicitations for the project are being conducted by the host
    country or by a multilateral lending institution.
        (g) Other Program Requirements.--Pursuant to the agreements
    under subsection (a), the Secretary, through the Agency for
    International Development, and in consultation with the
    interagency working group, shall--
              (1) establish eligibility criteria for countries that
            will host projects;
              (2) periodically review the energy needs of such
            countries and export opportunities for United States
            firms for the development of projects in such
            countries;
              (3) consult with government officials in host
            countries and, as appropriate, with representatives of
            utilities or other entities in host countries, to
            determine interest in and support for potential
            projects; and
              (4) determine whether each project selected under
            this section is developmentally sound, as determined
            under the criteria developed by the Development
            Assistance Committee of the Organization for Economic
            Cooperation and Development.
        (h) Eligible Technologies.--Not later than 6 months after
    the date of the enactment of this Act, the Secretary shall
    prepare a list of eligible technologies and services under this
    section. In preparing such a list, the Secretary shall consider
    fuel cell powerplants, aeroderivitive gas turbines and
    catalytic combustion technologies for aeroderivitive gas
    turbines, ocean thermal energy conversion technology, anaerobic
    digester and storage tanks, and other renewable energy and
    energy efficiency technologies.
        (i) Selection of Projects.--(1) Pursuant to the agreements
    under subsection (a), the Secretary, through the Agency for
    International Development, shall, not later than 120 days after
    receipt of proposals in response to a solicitation under
    subsection (e), select one or more proposals under this
    section.
        (2) In selecting a proposal under this section, the
    Secretary, through the Agency for International Development,
    shall consider--
              (A) the ability of the United States firm, in
            cooperation with the host country, to undertake and
            complete the project;
              (B) the degree to which the equipment to be included
            in the project is designed and manufactured in the
            United States;
              (C) the long-term technical and competitive viability
            of the United States technology, and services related
            thereto, and the ability of the United States firm to
            compete in the development of additional energy
            projects using such technology in the host country and
            in other foreign countries;
              (D) the extent of technical and financial involvement
            of the host country in the project;
              (E) the extent to which the proposed project meets
            the purposes of this section;
              (F) the extent of technical, financial, management,
            and marketing capabilities of the participants in the
            project, and the commitment of the participants to
            completion of a successful project in a manner that
            will facilitate acceptance of the United States
            technology or service for future application; and
              (G) such other criteria as may be appropriate.
        (3) In selecting among proposed projects, the Secretary
    shall seek to ensure that, relative to otherwise comparable
    projects in the host country, a selected project will meet the
    following criteria:
              (A) It will reduce environmental emissions, including
            greenhouse gases, to an extent greater than required by
            applicable provisions of law.
              (B) It will be a more cost-effective technological
            alternative, based on life cycle capital and operating
            costs per unit of energy produced and, where
            applicable, costs per unit of product produced.
              (C) It will increase the overall efficiency of energy
            use.
    Priority in selection shall be given to those projects which,
    in the judgment of the Secretary, best meet these criteria.
        (j) United States-Asia Environmental Partnership.--
    Activities carried out under this section shall be coordinated
    with the United States-Asia Environmental Partnership.
        (k) Buy America.--In carrying out this section, the
    Secretary, through the Agency for International Development,
    and pursuant to the agreements under subsection (a), shall
    ensure--
              (1) the maximum percentage, but in no case less than
            50 percent, of the cost of any equipment furnished in
            connection with a project authorized under this section
            shall be attributable to the manufactured United States
            components of such equipment; and
              (2) the maximum participation of United States firms.
    In determining whether the cost of United States components
    equals or exceeds 50 percent, the cost of assembly of such
    United States components in the host country shall not be
    considered a part of the cost of such United States component.
        (l) Report to Congress.--The Secretary and the
    Administrator of the Agency for International Development shall
    report annually to the Committee on Energy and Natural
    Resources of the Senate and the appropriate committees of the
    House of Representatives on the progress being made to
    introduce innovative energy technologies, and services related
    thereto, that substantially reduce environmental pollutants,
    including greenhouse gases, into foreign countries.
        (m) Definitions.--For purposes of this section--
              (1) the term ``host country'' means a foreign country
            which is--
                      (A) the participant in or the site of the
                    proposed innovative energy technology project;
                    and
                      (B) either--
                              (i) classified as a country eligible
                            to participate in development
                            assistance programs of the Agency for
                            International Development pursuant to
                            applicable law or regulation; or
                              (ii) a developing country; and
              (2) the term ``developing country'' includes, but is
            not limited to, countries in Central and Eastern Europe
            or in the independent states of the former Soviet
            Union.
        (n) Authorization for Program.--There are authorized to be
    appropriated to the Secretary to carry out the program required
    by this section, $100,000,000 for each of the fiscal years
    1993, 1994, 1995, 1996, 1997, and 1998.

    SEC. 1609.\34\ GLOBAL CLIMATE CHANGE RESPONSE FUND.

        (a) Establishment of the Fund.--The Secretary of the
    Treasury, in consultation with the Secretary of State, shall
    establish a Global Climate Change Response Fund to act as a
    mechanism for United States contributions to assist global
    efforts in mitigating and adapting to global climate change.
    ---------------------------------------------------------------------------
        \34\ 42 U.S.C. 13388.
    ---------------------------------------------------------------------------
        (b) Restrictions on Deposits.--No deposits shall be made to
    the Global Climate Change Response Fund until the United States
    has ratified the United Nations Framework Convention on Climate
    Change.
        (c) Use of the Fund.--Moneys deposited into the Fund shall
    be used by the President, to the extent authorized and
    appropriated under section 302 of the Foreign Assistance Act of
    1961, solely for contributions to a financial mechanism
    negotiated pursuant to the United Nations Framework Convention
    on Climate Change, including all protocols or agreements
    related thereto.
        (d) Authorization of Appropriations.--There are authorized
    to be appropriated for deposit in the Fund to carry out the
    purposes of this section, $50,000,000 for fiscal year 1994 and
    such sums as may be necessary for fiscal years 1995 and 1996.

    SEC. 1610.\35\ GREENHOUSE GAS INTENSITY REDUCING STRATEGIES.

        (a) Definitions.--In this section:
              (1) Advisory committee.--The term ``Advisory
            Committee'' means the Climate Change Technology
            Advisory Committee established under subsection (f)(1).
    ---------------------------------------------------------------------------
        \35\ 42 U.S.C. 13389. Sec. 1601 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1109) added sec. 1610.
    ---------------------------------------------------------------------------
              (2) Carbon sequestration.--The term ``carbon
            sequestration'' means the capture of carbon dioxide
            through terrestrial, geological, biological, or other
            means, which prevents the release of carbon dioxide
            into the atmosphere.
              (3) Committee.--The term ``Committee'' means the
            Committee on Climate Change Technology established
            under subsection (b)(1).
              (4) Developing country.--The term ``developing
            country'' has the meaning given the term in section
            1608(m).
              (5) Greenhouse gas.--The term ``greenhouse gas''
            means--
                      (A) carbon dioxide;
                      (B) methane;
                      (C) nitrous oxide;
                      (D) hydrofluorocarbons;
                      (E) perfluorocarbons; and
                      (F) sulfur hexafluoride.
              (6) Greenhouse gas intensity.--The term ``greenhouse
            gas intensity'' means the ratio of greenhouse gas
            emissions to economic output.
              (7) National laboratory.--The term ``National
            Laboratory'' has the meaning given the term in section
            3(3) of the Energy Policy Act of 2005.
        (b) Committee on Climate Change Technology.--
              (1) In general.--Not later than 180 days after the
            date of enactment of this section, the President shall
            establish a Committee on Climate Change Technology to--
                      (A) integrate current Federal climate
                    reports; and
                      (B) coordinate Federal climate change
                    technology activities and programs carried out
                    in furtherance of the strategy developed under
                    subsection (c)(1).
              (2) Membership.--The Committee shall be composed of
            at least 7 members, including--
                      (A) the Secretary, who shall chair the
                    Committee;
                      (B) the Secretary of Commerce;
                      (C) the Chairman of the Council on
                    Environmental Quality;
                      (D) the Secretary of Agriculture;
                      (E) the Administrator of the Environmental
                    Protection Agency;
                      (F) the Secretary of Transportation;
                      (G) the Director of the Office of Science and
                    Technology Policy; and
                      (H) other representatives as may be
                    determined by the President.
              (3) Staff.--The members of the Committee shall
            provide such personnel as are necessary to enable the
            Committee to perform its duties.
        (c) National Climate Change Technology Policy.--
              (1) In general.--Not later than 18 months after the
            date of enactment of this section, the Committee shall,
            based on applicable Federal climate reports, submit to
            the Secretary and the President a national strategy to
            promote the deployment and commercialization of
            greenhouse gas intensity reducing technologies and
            practices developed through research and development
            programs conducted by the National Laboratories, other
            Federal research facilities, institutions of higher
            education, and the private sector.
              (2) Updates.--The Committee shall--
                      (A) at the time of submission of the strategy
                    to the President under paragraph (1), also make
                    the strategy available to the public; and
                      (B) update the strategy every 5 years, or
                    more frequently as the Committee determines to
                    be necessary.
        (d) Climate Change Technology Program.--Not later than 180
    days after the date on which the Committee is established under
    subsection (b)(1), the Secretary, in consultation with the
    Committee, shall establish within the Department of Energy the
    Climate Change Technology Program to--
              (1) assist the Committee in the interagency
            coordination of climate change technology research,
            development, demonstration, and deployment to reduce
            greenhouse gas intensity; and
              (2) carry out the programs authorized under this
            section.
        (e) Technology Inventory.--
              (1) In general.--The Secretary shall conduct and make
            public an inventory and evaluation of greenhouse gas
            intensity reducing technologies that have been
            developed, or are under development, by the National
            Laboratories, other Federal research facilities,
            institutions of higher education, and the private
            sector to determine which technologies are suitable for
            commercialization and deployment.
              (2) Report.--Not later than 180 days after the
            completion of the inventory under paragraph (1), the
            Secretary shall submit to Congress a report that
            includes the results of the completed inventory and any
            recommendations of the Secretary.
              (3) Use.--The Secretary shall use the results of the
            inventory as guidance in the commercialization and
            deployment of greenhouse gas intensity reducing
            technologies.
              (4) Updated inventory.--The Secretary shall--
                      (A) periodically update the inventory under
                    paragraph (1), including when determined
                    necessary by the Committee; and
                      (B) make the updated inventory available to
                    the public.
        (f) Climate Change Technology Advisory Committee.--
              (1) In general.--The Secretary, in consultation with
            the Committee, may establish under section 624 of the
            Department of Energy Organization Act (42 U.S.C. 7234)
            a Climate Change Technology Advisory Committee to
            identify statutory, regulatory, economic, and other
            barriers to the commercialization and deployment of
            greenhouse gas intensity reducing technologies and
            practices in the United States.
              (2) Composition.--The Advisory Committee shall be
            composed of the following members, to be appointed by
            the Secretary, in consultation with the Committee:
                      (A) 1 representative shall be appointed from
                    each National Laboratory.
                      (B) 3 members shall be representatives of
                    energy-producing trade organizations.
                      (C) 3 members shall represent energy-
                    intensive trade organizations.
                      (D) 3 members shall represent groups that
                    represent end-use energy and other consumers.
                      (E) 3 members shall be employees of the
                    Federal Government who are experts in energy
                    technology, intellectual property, and tax.
                      (F) 3 members shall be representatives of
                    institutions of higher education with expertise
                    in energy technology development that are
                    recommended by the National Academy of
                    Engineering.
              (3) Report.--Not later than 1 year after the date of
            enactment of this section and annually thereafter, the
            Advisory Committee shall submit to the Committee a
            report that describes--
                      (A) the findings of the Advisory Committee;
                    and
                      (B) any recommendations of the Advisory
                    Committee for the removal or reduction of
                    barriers to commercialization, deployment, and
                    increasing the use of greenhouse gas intensity
                    reducing technologies and practices.
        (g) Greenhouse Gas Intensity Reducing Technology
    Deployment.--
              (1) In general.--Based on the strategy developed
            under subsection (c)(1), the technology inventory
            conducted under subsection (e)(1), the greenhouse gas
            intensity reducing technology study report submitted
            under subsection (e)(2), and reports under subsection
            (f)(3), if any, the Committee shall develop
            recommendations that would provide for the removal of
            domestic barriers to the commercialization and
            deployment of greenhouse gas intensity reducing
            technologies and practices.
              (2) Requirements.--In developing the recommendations
            under paragraph (1), the Committee shall consider in
            the aggregate--
                      (A) the cost-effectiveness of the technology;
                      (B) fiscal and regulatory barriers;
                      (C) statutory and other barriers; and
                      (D) intellectual property issues.
              (3) Demonstration projects.--In developing
            recommendations under paragraph (1), the Committee may
            identify the need for climate change technology
            demonstration projects.
              (4) Report.--Not later than 18 months after the date
            of enactment of this section, the Committee shall
            submit to the President and Congress a report that--
                      (A) identifies, based on the report submitted
                    under subsection (f)(3), any barriers to, and
                    commercial risks associated with, the
                    deployment of greenhouse gas intensity reducing
                    technologies; and
                      (B) includes a plan for carrying out
                    demonstration projects.
              (5) Updates.--The Committee shall--
                      (A) at the time of submission of the report
                    to Congress under paragraph (4), also make the
                    report available to the public; and
                      (B) update the report every 5 years, or more
                    frequently as the Committee determines to be
                    necessary.
        (h) Procedures for Calculating, Monitoring, and Analyzing
    Greenhouse Gas Intensity.--The Secretary, in collaboration with
    the Committee and the National Institute of Standards and
    Technology, and after public notice and opportunity for
    comment, shall develop standards and best practices for
    calculating, monitoring, and analyzing greenhouse gas
    intensity.
        (i) Demonstration Projects.--
              (1) In general.--The Secretary shall, subject to the
            availability of appropriations, support demonstration
            projects that--
                      (A) increase the reduction of the greenhouse
                    gas intensity to levels below that which would
                    be achieved by technologies being used in the
                    United States as of the date of enactment of
                    this section;
                      (B) maximize the potential return on Federal
                    investment;
                      (C) demonstrate distinct roles in public-
                    private partnerships;
                      (D) produce a large-scale reduction of
                    greenhouse gas intensity if commercialization
                    occurred; and
                      (E) support a diversified portfolio to
                    mitigate the uncertainty associated with a
                    single technology.
              (2) Cost sharing.--In supporting a demonstration
            project under this subsection, the Secretary shall
            require cost-sharing in accordance with section 988 of
            the Energy Policy Act of 2005.
              (3) Authorization of appropriations.--There are
            authorized to be appropriated such sums as are
            necessary to carry out this subsection.
        (j) Cooperative Research and Development Agreements.--In
    carrying out greenhouse gas intensity reduction research and
    technology deployment activities under this subtitle, the
    Secretary may enter into cooperative research and development
    agreements under section 12 of the Stevenson-Wydler Technology
    Innovation Act of 1980 (15 U.S.C. 3710a).
              * * * * * * *

                            TITLE XXX--MISCELLANEOUS

              * * * * * * *

                   Subtitle B--Other Miscellaneous Provisions

              * * * * * * *

    SEC. 3019. STRATEGIC DIVERSIFICATION.

        The Office of Barter within the United States Department of
    Commerce and the Interagency Group on Countertrade shall within
    six months from the date of enactment report to the President
    and the Congress on the feasibility of using barter,
    countertrade and other self-liquidating finance methods to
    facilitate the strategic diversification of United States oil
    imports through cooperation with the former Soviet Union in the
    development of its energy resources. The report shall consider
    among other relevant topics the feasibility of trading American
    grown food for Soviet produced oil, minerals or energy.

    SEC. 3020.\36\ CONSULTATIVE COMMISSION ON WESTERN HEMISPHERE ENERGY AND
                        ENVIRONMENT.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \36\ 42 U.S.C. 13555.
    ---------------------------------------------------------------------------
              (1) there is growing mutual economic interdependence
            among the countries of the Western Hemisphere;
              (2) energy and environmental issues are intrinsically
            linked and must be considered together when formulating
            policy on the broader issue of sustainable economic
            development for the Western Hemisphere as a whole;
              (3) when developing their respective energy
            infrastructures, countries in the Western Hemisphere
            must consider existing and emerging environmental
            constraints, and do so in a way that results in
            sustainable long-term economic growth;
              (4) the coordination of respective national energy
            and environmental policies of the governments of the
            Western Hemisphere could be substantially improved
            through regular consultation among these countries;
              (5) the development, production and consumption of
            energy can affect environmental quality, and the
            environmental consequences of energy-related activities
            are not confined within national boundaries, but are
            regional and global in scope;
              (6) although the Western Hemisphere is richly endowed
            with indigenous energy resources, an insufficient
            energy supply would severely constrain future
            opportunities for sustainable economic development and
            growth in each of these member countries; and
              (7) the energy markets of the United States are
            linked with those in other countries of the Western
            Hemisphere and the world.
        (b) Definition.--For purposes of this section, the term
    ``Commission'' means the Consultative Commission on Western
    Hemisphere Energy and Environment.
        (c) Negotiations.--The President is authorized to direct
    the United States representative to the Organization of
    American States to initiate negotiations with the Organization
    of American States for the establishment of a Consultative
    Commission on Western Hemisphere Energy and Environment under
    the auspices of the Organization of American States.
        (d) The Commission.--In the course of the negotiations, the
    following shall be pursued:
              (1) Objectives.--The objectives of the Commission
            shall be--
                       (A) to evaluate from the viewpoint of the
                    Western Hemisphere as a whole the energy and
                    environmental situations, trends, and policies
                    of the countries of the participating
                    governments necessary to support sustainable
                    economic development;
                      (B) to recommend to the participating
                    governments actions, policies, and
                    institutional arrangements that will enhance
                    cooperation and policy coordination among their
                    respective countries in the future development
                    and use of indigenous energy resources and
                    technologies, and in the future development and
                    implementation of measures to protect the
                    environment of the Western Hemisphere; and
                      (C) to recommend to the participating
                    governments actions and policies that will
                    enhance energy and environmental cooperation
                    and coordination among the countries of the
                    Western Hemisphere and the world.
              (2) Composition of the commission.--The Commission
            shall include representatives of--
                      (A) the respective foreign energy and
                    environmental ministries or departments of the
                    participating governments;
                      (B) the parliamentary or legislative bodies
                    with legislative responsibilities for energy
                    and environmental matters; and
                      (C) other governmental and non-governmental
                    observers appointed by the heads of each
                    participating government on the basis of their
                    experience and expertise.
              (3) Secretariat.--A small secretariat shall be chosen
            by the participating governments for their expertise in
            the areas of energy and the environment.
              (4) Sunset provision.--The Commission's authority--
                      (A) shall terminate five years from the date
                    of the agreement under which it was created;
                    and
                      (B) may be extended for a five-year term at
                    the expiration of the previous term by
                    agreement of the participating governments.
        (e) Report.--The President shall, within one year after the
    date of enactment of this Act, report to the Committee on
    Energy and Commerce and the Committee on Foreign Affairs of the
    House of Representatives,\37\ and to the Committee on Energy
    and Natural Resources and the Committee on Foreign Relations of
    the Senate, on the progress toward the establishment of the
    Commission and achievement of the purposes of this section.
    ---------------------------------------------------------------------------
        \37\ Sec. 1(a)(4) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Energy and Commerce of the House of
    Representatives shall be treated as referring to the Committee on
    Commerce of the House of Representatives. Sec. 1(c)(1) of that Act (110
    Stat. 187) further provided that any reference in any provision of law
    enacted before January 4, 1995 to the House Committee on Energy and
    Commerce shall be treated as referring to (1) the Committee on
    Agriculture in the case of a provision relating to inspection of
    seafood or seafood products; (2) the Committee on Banking and Financial
    Services in the case of a provision relating to bank capital markets
    activities or depository institution securities; or (3) the Committee
    on Transportation and Infrastructure in the case of a provision
    relating to railroads and railway labor issues.
        Sec. 1(a)(5) of that Act, furthermore, provided that references to
    the Committee on Foreign Affairs of the House of Representatives shall
    be treated as referring to the Committee on International Relations of
    the House of Representatives.
    ---------------------------------------------------------------------------
              * * * * * * *
                  3. Energy Emergency Preparedness Act of 1982

      Partial text of Public Law 97-229 [S. 2332], 96 Stat. 248, approved
                                 August 3, 1982

       AN ACT To amend the Energy Policy and Conservation Act to extend
     certain authorities relating to the International Energy Program, to
     provide for the Nation's energy emergency preparedness, and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
        Section 1. Short Title.
        This action may be cited as the ``Energy Emergency
    Preparedness Act of 1982''.

              Note.--Secs. 2 through 5 of this Act consist, for the
            most part, of amendments to the Energy Policy and
            Conservation Act. Portions of these amendments have
            been incorporated into that Act at the appropriate
            places.

              * * * * * * *
        Sec. 6.\1\ Reports to Congress on Petroleum Supply
    Interruptions.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 6245 note.
    ---------------------------------------------------------------------------
        (a) Impact Analysis.--(1) Secretary of Energy shall analyze
    the impact on the domestic economy and on consumers in the
    United States of reliance on market allocation and pricing
    during any substantial reduction in the amount of petroleum
    products available to the United States. In making such
    analysis, the Secretary of Energy may consult with the
    Secretary of the Treasury, the Secretary of Agriculture, the
    Director of the Office of Management and Budget, and the heads
    of other appropriate Federal agencies. Such analysis shall--
              (A) examine the equity and efficiency of such
            reliance,
              (B) distinguish between the impacts of such reliance
            on various categories of business (including small
            business and agriculture) and on households of
            different income levels,
              (C) specify the nature and administration of monetary
            and fiscal policies that would be followed including
            emergency tax cuts, emergency block grants, and
            emergency supplements to income maintenance programs,
            and
              (D) describe the likely impact on the distribution of
            petroleum products of State and local laws and
            regulations (including emergency authorities) affecting
            the distribution of petroleum products.
    Such analysis shall include projections of the effect of the
    petroleum supply reduction on the price of motor gasoline, home
    heating, oil, and diesel fuel, and on Federal tax revenues,
    Federal royalty receipts, and State and local tax revenues.
        (2) Within one year after the date of the enactment of this
    Act, the Secretary of Energy shall submit a report to the
    Congress and the President containing the analysis required by
    this subsection, including a detailed step-by-step description
    of the procedures by which the policies specified in paragraph
    (1)(C) would be accomplished in an emergency, along with such
    recommendations as the Secretary of Energy deems appropriate.
        (b) Strategic Petroleum Reserve Drawdown and Distribution
    Report.--The President shall prepare and transmit to the
    Congress, at the time he transmits the drawdown plan pursuant
    to section 4(c), a report \2\ containing--
    ---------------------------------------------------------------------------
        \2\ Such report was due on December 1, 1982.
    ---------------------------------------------------------------------------
              (1) a description of the foreseeable situations
            (including selective and general embargoes, sabotage,
            war, act of God, or accident) which could result in a
            severe energy supply interruption or obligations of the
            United States arising under the international energy
            program necessitating distributions from the Strategic
            Petroleum Reserve, and
              (2) a description of the strategy or alternative
            strategies of distribution which could reasonably be
            used to respond to each situation described under
            paragraph (1), together with the theory and
            justification underlying each such strategy.
    The description of each strategy under paragraph (2) shall
    include an explanation of the methods which would likely be
    used to determine the price and distribution of petroleum
    products from the Reserve in any such distribution, and an
    explanation of the disposition of revenues arising from sales
    of any such petroleum products under the strategy.
        (c) Regional Reserve Report.--The President or his delegate
    shall submit to the Congress no later than December 31, 1982, a
    report regarding the actions taken to comply with the
    provisions of section 157 of the Energy Policy and Conservation
    Act (42 U.S.C. 6237). Such report shall include an analysis of
    the economic benefits and costs of establishing Regional
    Petroleum Reserves, including--
              (1) an assessment of the ability to transport
            petroleum products to refiners, distributors, and end
            users within the regions specified in section 157(a) of
            such Act;
              (2) the comparative costs of creating and operating
            Regional Petroleum Reserves for such regions as
            compared to the costs of continuing current plans for
            the Strategic Petroleum Reserve; and
              (3) a list of potential sites for Regional Petroleum
            Reserves.
        (d) Strategic Alcohol Fuel Reserve Report.--The Secretary
    of Energy shall, in consultation with the Secretary of
    Agriculture, prepare and transmit to the Congress no later than
    December 31, 1982, a study of the potential for establishing a
    Strategic Alcohol Fuel Reserve.
        (e) Meaning of Terms.--As used in this section, the terms
    ``international emergency program'', ``petroleum product'',
    ``Reserve'', ``severe energy supply interruption'', and
    ``Strategic Petroleum Reserve'' have the meanings given such
    terms in sections 3 and 152 of the Energy Policy and
    Conservation Act (42 U.S.C. 6202 and 6232).
                     4. Energy Policy and Conservation Act

      Partial text of Public Law 94-163 [S. 622], 89 Stat. 871, approved
      December 22, 1975; as amended by Public Law 95-619 [H.R. 5037], 92
     Stat. 3206, approved November 9, 1978; Public Law 96-30 [S. 1371], 93
      Stat. 80, approved June 30, 1979; Public Law 96-94 [H.R. 5506], 93
     Stat. 720, approved October 31, 1979; Public Law 96-102 [S. 1030], 93
     Stat. 749, approved November 5, 1979; Public Law 96-133 [S. 1871], 93
    Stat. 1053, approved November 30, 1979; Public Law 97-5 [H.R. 2166], 95
    Stat. 7, approved March 13, 1981; Public Law 97-50 [S. 1475], 95 Stat.
    957, approved September 30, 1981; Public Law 97-163 [S. 1937], 96 Stat.
    24, approved April 1, 1982; Public Law 97-190 [S. 2575], 96 Stat. 106,
       approved June 1, 1982; Public Law 97-217 [S. 2651], 96 Stat. 196,
      approved July 19, 1982; Public Law 97-229 [S. 2332], 96 Stat. 248,
     approved August 3, 1982; Public Law 98-239 [H.R. 4194], 98 Stat. 93,
    approved March 20, 1984; Public Law 98-370 [H.R. 3169], 98 Stat. 1211,
    approved July 18, 1984; Public Law 98-454 [H.R. 5561], 98 Stat. 1732 at
    1736, approved October 5, 1984; Public Law 99-58 [H.R. 1699], 99 Stat.
     102, approved July 2, 1985; Public Law 101-218 [Renewable Energy and
    Energy Efficiency Technology Competitiveness Act of 1989; S. 488], 103
      Stat. 1859, approved December 11, 1989; Public Law 101-383 [Energy
      Policy and Conservation Act Amendments of 1990; S. 2088], 104 Stat.
    727, approved September 15, 1990; Public Law 102-486 [Energy Policy Act
     of 1992; H.R. 776], 106 Stat. 2776, approved October 24, 1992; Public
      Law 104-66 [Federal Reports Elimination and Sunset Act of 1995; S.
      790], 109 Stat. 707, approved December 21, 1995; Public Law 104-306
    [H.R. 4083], 110 Stat. 3810, approved October 14, 1996; Public Law 105-
     177 [H.R. 2472], 112 Stat. 105, approved June 1, 1998; Public Law 105-
      388 [Energy Conservation Reauthorization Act of 1998; S. 417], 112
    Stat. 3477, approved November 13, 1998; Public Law 106-469 [Energy Act
      of 2000; H.R. 2884], 114 Stat. 2029, approved November 9, 2000; and
     Public Law 108-7 [Consolidated Appropriations Resolution, 2003; H.J.
               Res. 2], 117 Stat. 11, approved February 20, 2003

       AN ACT To increase domestic energy supplies and availability; to
      restrain energy demand; to prepare for energy emergencies; and for
                                other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Energy Policy and Conservation Act''.
              * * * * * * *

                             statement of purposes

        Sec. 2.\1\ The purposes of this Act are--
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 6201.
    ---------------------------------------------------------------------------
              (1) to grant specific \2\ authority to the President
            \2\ to fulfill obligations of the United States under
            the international energy program;
    ---------------------------------------------------------------------------
        \2\ Sec. 102(1) of Public Law 106-469 (114 Stat. 2029) struck out
    ``standby'' which appeared after ``specific'' and struck out ``,
    subject to congressional review, to impose rationing, to reduce demand
    for energy through the implementation of energy conservation plans,
    and'' which appeared after ``President''.
    ---------------------------------------------------------------------------
              (2) to provide for the creation of a Strategic
            Petroleum Reserve capable of reducing the impact of
            severe energy supply interruptions;
              (3) to increase the supply of fossil fuels in the
            United States, through price incentives and production
            requirements;
              (4) to conserve energy supplies through energy
            conservation programs, and, where necessary, the
            regulation of certain energy uses;
              (5) to provide for improved energy efficiency of
            motor vehicles, major appliances, and certain other
            consumer products;
              (6) to reduce the demand for petroleum products and
            natural gas through programs designed to provide
            greater availability and use of this Nation's abundant
            coal resources; \3\
    ---------------------------------------------------------------------------
        \3\ Sec. 123(a) of the Energy Policy Act of 1992 (Public Law 102-
    486; 106 Stat. 2817) struck out ``and'' at the end of para. (6), struck
    out a period at the end of para. (7), inserted in lieu thereof ``;
    and'', and added new para. (8).
    ---------------------------------------------------------------------------
              (7) to provide a means for verification of energy
            data to assure the reliability of energy data; and \3\
              (8) \3\ to conserve water by improving the water
            efficiency of certain plumbing products and appliances.

                                  definitions

        Sec. 3.\4\ As used in this Act:
    ---------------------------------------------------------------------------
        \4\ 42 U.S.C. 6202.
    ---------------------------------------------------------------------------
              (1) The term ``Secretary'' means the Secretary of
            Energy.\5\
    ---------------------------------------------------------------------------
        \5\ Sec. 691(a) of Public Law 95-619 (92 Stat. 3288) struck out
    ``Administrator of the Federal Energy Administration'' and inserted in
    lieu thereof ``Secretary of Energy''.
    ---------------------------------------------------------------------------
              (2) The term ``person'' includes (A) any individual,
            (B) any corporation, company, association, firm,
            partnership, society, trust, joint venture, or joint
            stock company and (C) the government and any agency of
            the United States or any State or political subdivision
            thereof.
              (3) The term ``petroleum product'' means crude oil
            residual fuel oil, or any refined petroleum product
            (including any natural liquid and any natural gas
            liquid product).
              (4) The term ``State'' means a State, the District of
            Columbia, Puerto Rico, the Trust Territory of the
            Pacific Islands,\6\ or any territory or possession of
            the United States.
    ---------------------------------------------------------------------------
        \6\ Sec. 601(f) of Public Law 98-454 (98 Stat. 1736) added the
    reference to the Trust Territory of the Pacific Islands to the
    definition of ``State''.
    ---------------------------------------------------------------------------
              (5) The term ``United States'' when used in the
            geographical sense means all of the States and the
            Outer Continental Shelf.
              (6) The term ``Outer Continental Shelf'' has the same
            meaning as such term has under section 2 of the Outer
            Continental Shelf Lands Act (43 U.S.C. 1331).
              (7) The term ``international energy program'' means
            the Agreement on an International Energy Program,
            signed by the United States on November 18, 1974,
            including (A) the annex entitled ``Emergency
            Reserves'', (B) any amendment to such Agreement which
            includes another nation as a party to such Agreement,
            and (C) any technical or clerical amendment to such
            Agreement.
              (8) The term ``severe energy supply interruption''
            means a national energy supply shortage which the
            President determines--
                      (A) is, or is likely to be, of significant
                    scope and duration, and of an emergency nature;
                      (B) may cause major adverse impact on
                    national safety or the national economy; and
                      (C) \7\ results, or is likely to result, from
                    (i) an interruption in the supply of imported
                    petroleum products, (ii) an interruption in the
                    supply of domestic petroleum products, or (iii)
                    sabotage or an act of God.
    ---------------------------------------------------------------------------
        \7\ Sec. 3(a) of Public Law 101-383 (104 Stat. 727) added clause
    designations (i) and (iii), and added a new clause (ii).
    ---------------------------------------------------------------------------
              * * * * * * *

            TITLE I--MATTERS RELATED TO DOMESTIC SUPPLY AVAILABILITY

                            Part A--Domestic Supply

              * * * * * * *

      domestic use of energy supplies and related materials and equipment

        Sec. 103.\8\ (a) The President may, by rule, under such
    terms and conditions as he determines to be appropriate and
    necessary to carry out the purposes of this Act, restrict
    exports of--
    ---------------------------------------------------------------------------
        \8\ 42 U.S.C. 6212.
    ---------------------------------------------------------------------------
              (1) coal, petroleum products, natural gas, or
            petrochemical feedstocks, and
              (2) supplies of materials of equipment which he
            determines to be necessary (A) to maintain or further
            exploration, production, refining, or transportation of
            energy supplies, or (B) for the construction or
            maintenance of energy facilities within the United
            States.
        (b)(1) The President shall exercise the authority provided
    for in subsection (a) to promulgate a rule prohibiting the
    export of crude oil and natural gas produced in the United
    States, except that the President may, pursuant to paragraph
    (2), exempt from such prohibition such crude oil or natural gas
    exports which he determines to be consistent with the national
    interest and purposes of this Act.
        (2) Exemptions from any rule prohibiting crude oil or
    natural gas exports shall be included in such rule or provided
    for in an amendment thereto and may be based on the purpose for
    export, class of seller or purchaser, country or destination,
    or any other reasonable classification or basis as the
    President determines to be appropriate and consistent with the
    national interest and the purposes of this Act.
        (c) In order to implement any rule promulgated under
    subsection (a) of this section, the President may request and,
    if so, the Secretary of Commerce shall, pursuant to the
    procedures established by the Export Administration Act of 1979
    \9\ (but without regard to the phrase ``and to reduce the
    serious inflationary impact of foreign demand'' in section
    3(2)(C) of such Act), impose such restrictions as specified in
    any rule under subsection (a) on exports of coal, petroleum
    products, natural gas, or petrochemical feedstocks, and such
    supplies of materials and equipment.
    ---------------------------------------------------------------------------
        \9\ 50 U.S.C. App. 2401 note. Sec. 22(b) of Public Law 96-72 (93
    Stat. 535) struck out a reference to the Export Administration Act of
    1969 (which expired on September 30, 1979) and inserted the reference
    to the Export Administration Act of 1979.
    ---------------------------------------------------------------------------
        (d) Any finding by the President pursuant to subsection (a)
    or (b) and any action taken by the Secretary of Commerce
    pursuant thereto shall take into account the national interest
    as related to the need to leave uninterrupted or unimpaired--
              (1) exchanges in similar quantity for convenience or
            increased efficiency or transportation with persons or
            the government of a foreign state,
              (2) temporary exports for convenience or increased
            efficiency of transportation across parts of an
            adjacent foreign state which exports reenter the United
            States, and
              (3) the historical trading relations of the United
            States with Canada and Mexico.
        (e)(1) The provisions of subchapter II of chapter 5 of
    title 5, United States Code, shall apply with respect to the
    promulgation of any rule pursuant to this section, except that
    the President may waive the requirement pertaining to the
    notice of proposed rule-making or period for comment only if he
    finds that compliance with such requirements may seriously
    impair his ability to impose effective and timely prohibitions
    on exports.
        (2) In the event such notice and comment period are waived
    with respect to a rule promulgated under this section, the
    President shall afford interested persons an opportunity to
    comment on any such rule at the earliest practicable date
    thereafter.
        (3) If the President determines to request the Secretary of
    Commerce to impose specified restrictions as provided for in
    subsection (c), the enforcement and penalty provisions of the
    Export Administration Act of 1969 shall apply, in lieu of this
    Act, to any violation of such restrictions.
        (f) The President shall submit quarterly reports to the
    Congress concerning the administration of this section and any
    findings made pursuant to subsection (a) or (b).
              * * * * * * *

                      TITLE II--STANDBY ENERGY AUTHORITIES

              * * * * * * *

        Part B--Authorities With Respect to International Energy Program

                          international oil allocation

        Sec. 251.\10\ (a) The President may, by rule, require that
    persons engaged in producing, transporting, refining,
    distributing, or storing petroleum products, take such action
    as he determines to be necessary for implementation of the
    obligations of the United States under chapters III and IV of
    the international energy program insofar as such obligations
    relate to the international allocation of petroleum products.
    Allocation under such rule shall be in such amounts and at such
    prices as are specified in (or determined in a manner
    prescribed by) such rule. Such rule may apply to any petroleum
    product owned or controlled by any person described in the
    first sentence of this subsection who is subject to the
    jurisdiction of the United States, including any petroleum
    product destined, directly or indirectly, for import into the
    United States or any foreign country, or produced in the United
    States. Subject to subsection (b)(2), such a rule shall remain
    in effect until amended or rescinded by the President.
    ---------------------------------------------------------------------------
        \10\ 42 U.S.C. 6271.
    ---------------------------------------------------------------------------
        (b)(1) No rule under subsection (a) may take effect unless
    the President--
              (A) has transmitted such rule to the Congress;
              (B) has found that putting such rule into effect is
            required in order to fulfill obligations of the United
            States under the international energy program; and
              (C) has transmitted such finding to the Congress,
            together with a statement of the effective date and
            manner for exercise of such rule.
        (2) No rule under subsection (b) may be put into effect or
    remain in effect after the expiration of 12 months after the
    date such rule was transmitted to Congress under paragraph
    (1)(A).
        (c)(1) Any rule under this section shall be consistent with
    the attainment, to the maximum extent practicable, of the
    objectives specified in section 4(b)(1) of the Emergency
    Petroleum Allocation Act of 1973.\11\
    ---------------------------------------------------------------------------
        \11\ 15 U.S.C. 753.
    ---------------------------------------------------------------------------
        (2) No officer or agency of the United States shall have
    any authority, other than authority under this section, to
    require that petroleum products be allocated to other countries
    for the purpose of implementation of the obligations of the
    United States under the international energy program.
        (d) Neither section 103 of this Act nor section 28(u) of
    the Mineral Leasing Act of 1920 \12\ shall preclude the
    allocation and export, to other countries in accordance with
    this section, of petroleum products produced in the United
    States.
    ---------------------------------------------------------------------------
        \12\ 30 U.S.C. 185.
    ---------------------------------------------------------------------------
        (e) \13\ No rule under this section may be put into effect
    unless--
    ---------------------------------------------------------------------------
        \13\ Sec. 2(b)(1) of the Energy Emergency Preparedness Act of 1982
    (Public Law 97-229; 96 Stat. 248) added subsec. (e).
    ---------------------------------------------------------------------------
              (1) an international energy supply emergency, as
            defined in the first sentence of section 252(k)(1),\14\
            is in effect; and
    ---------------------------------------------------------------------------
        \14\ Sec. 1(3) of Public Law 105-177 (112 Stat. 105) struck out
    ``252(l)(1)'' and inserted in lieu thereof ``252(k)(1)''.
    ---------------------------------------------------------------------------
              (2) the allocation of available oil referred to in
            chapter III of the international energy program has
            been activated pursuant to chapter IV of such program.

                    international voluntary agreements \15\

        Sec. 252.\16\ (a) Effective 90 days after the date of
    enactment of this Act, the requirements of this section shall
    be the sole procedures applicable to--
    ---------------------------------------------------------------------------
        \15\ Sec. 3 of Public Law 96-133 (93 Stat. 1053) required the
    Secretary of Energy to submit a report to the appropriate committees of
    Congress by April 2, 1980, concerning the actions taken by the
    Secretary of Energy, Secretary of State, the Attorney General, and the
    Chairman of the Federal Trade Commission to carry out the provisions of
    this section.
        \16\ 42 U.S.C. 6272.
    ---------------------------------------------------------------------------
              (1) the development or carrying out of voluntary
            agreements and plans of action to implement the
            international emergency response provisions,\17\ and
    ---------------------------------------------------------------------------
        \17\ Sec. 1(3) of Public Law 105-177 (112 Stat. 105) struck out
    ``allocation and information provisions of the international energy
    program'' and inserted in lieu thereof ``international emergency
    response provisions''.
    ---------------------------------------------------------------------------
              (2) the availability of immunity from the antitrust
            laws with respect to the development or carrying out of
            such voluntary agreements and plans of action.
        (b) The Secretary,\18\ with the approval of the Attorney
    General after each of them has consulted with the Federal Trade
    Commission and the Secretary of State, shall prescribe, by
    rule, standards and procedures by which persons engaged in the
    business of producing, transporting, refining, distributing, or
    storing petroleum products may develop and carry out voluntary
    agreements, and plans of action, which are required to
    implement the international emergency response provisions.\17\
    ---------------------------------------------------------------------------
        \18\ Sec. 691(a) of Public Law 95-619 (92 Stat. 3288) struck out
    ``Administrator'' and inserted in lieu thereof ``Secretary''.
    ---------------------------------------------------------------------------
        (c) The standards and procedures prescribed under
    subsection (b) shall include the following requirements:
              (1)(A)(i) Except as provided in clause (ii) of (iii)
            of this subparagraph, meetings held to develop or carry
            out a voluntary agreement or plan of action under this
            subsection shall permit attendance by representatives
            of committees of Congress and interested persons,
            including all interested segments of the petroleum
            industry, consumers, and the public; shall be preceded
            by timely and adequate notice with identification of
            the agenda of such meeting to the Attorney General, the
            Federal Trade Commission, committees of Congress, and
            (except during an international energy supply emergency
            with respect to meetings to carry out a voluntary
            agreement or to develop or carry out a plan of action)
            the public; and shall be initiated and chaired by a
            regular full-time Federal employee.
              (ii) Meetings of bodies created by the International
            Energy Agency established by the international energy
            program need not be open to interested persons and need
            not be initiated and chaired by a regular full-time
            Federal employee.
              (iii) The President, in consultation with the
            Secretary,\18\ the Secretary of State, and the Attorney
            General, may determine that a meeting held to carry out
            a voluntary agreement or to develop or carry out a plan
            of action shall not be open to interested persons or
            the attendance by interested persons may be limited, if
            the President finds that a wider disclosure would be
            detrimental to the foreign policy interests of the
            United States.
              (B) No meetings may be held to develop or carry out a
            voluntary agreement or plan of action under this
            section unless a regular full-time Federal employee is
            present.
              (2) Interested persons permitted to attend such a
            meeting shall be afforded an opportunity to present, in
            writing and orally, data, views, and arguments at such
            meetings, subject to any reasonable limitations with
            respect to the manner of presentation of data, views,
            and arguments as the Secretary \18\ may impose.
              (3) A full and complete record and where practicable
            a verbatim transcript, shall be kept of any meeting
            held, and a full and complete record shall be kept of
            any communication (other than in a meeting) made,
            between or among participants or potential
            participants, to develop, or carry out a voluntary
            agreement or a plan of action under this section. Such
            record or transcript shall be deposited, together with
            any agreement resulting therefrom, with the
            Secretary,\18\ and shall be available to the Attorney
            General and the Federal Trade Commission. Such records
            or transcripts shall be available for public inspection
            and copying in accordance with section 552 of title 5,
            United States Code; except that (A) matter may not be
            withheld from disclosure under section 552(b) of such
            title on ground other than the grounds specified in
            section 552 (b)(1), (b)(3), or so much of (b)(4) as
            relates to trade secrets; and (B) in the exercise of
            authority under section 552(b)(1), the President shall
            consult with the Secretary of State, the Secretary,\18\
            and the Attorney General with respect to questions
            relating to the foreign policy interests of the United
            States.
              (4) No provision of this section may be exercised so
            as to prevent representatives of committees of Congress
            from attending meetings to which this section applies,
            or from having access to any transcripts, records, and
            agreements kept or made under this section. Such access
            to any transcript that is required to be kept for any
            meeting shall be provided as soon as practicable (but
            not later than 14 days) after that meeting.\19\
    ---------------------------------------------------------------------------
        \19\ Sec. 2 of Public Law 96-133 (93 Stat. 1053) added this
    sentence.
    ---------------------------------------------------------------------------
        (d)(1) The Attorney General and the Federal Trade
    Commission shall participate from the beginning in the
    development, and when practicable, in the carrying out of
    voluntary agreements and plans of action authorized under this
    section. Each may propose any alternative which would avoid or
    overcome, to the greatest extent practicable, possible
    anticompetitive effects while achieving substantially the
    purposes of this part. A voluntary agreement or plan of action
    under this section may not be carried out unless approved by
    the Attorney General, after consultation with the Federal Trade
    Commission. Prior to the expiration of the period determined
    under paragraph (2), the Federal Trade Commission shall
    transmit to the Attorney General its views as to whether such
    an agreement or plan of action should be approved, and shall
    publish such views in the Federal Register. The Attorney
    General, in consultation with the Federal Trade Commission, the
    Secretary of State, and the Secretary,\18\ shall have the right
    to review, amend, modify, disapprove, or revoke, on his own
    motion or upon the request of the Federal Trade Commission or
    any interested person, any voluntary agreement or plan of
    action at any time, and, if revoked, thereby withdraw
    prospectively any immunity which may be conferred by subsection
    (f) or (j).
        (2) Any voluntary agreement or plan of action entered into
    pursuant to this section shall be submitted in writing to the
    Attorney General and the Federal Trade Commission 20 days
    before being implemented; except that during an international
    energy supply emergency, the Secretary,\18\ subject to approval
    of the Attorney General, may reduce such 20-day period. Any
    such agreement or plan of action shall be available for public
    inspection and copying, except that a plan of action shall be
    so available only to the extent to which records or transcripts
    are so available as provided in the last sentence of subsection
    (c)(3). Any action taken pursuant to such voluntary agreement
    or plan of action shall be reported to the Attorney General and
    the Federal Trade Commission pursuant to such regulations as
    shall be prescribed under paragraphs (3) and (4) of subsection
    (e).
        (3) A plan of action may not be approved by the Attorney
    General under this subsection unless such plan (A) describes
    the types of substantive actions which may be taken under the
    plan, and (B) is as specific in its description of proposed
    substantive actions as is reasonable in light of \20\
    circumstances known at the time of approval.\20\
    ---------------------------------------------------------------------------
        \20\ Sec. 1(4)(B) of Public Law 105-177 (112 Stat. 105) struck out
    ``known'' that had appeared after ``in light of'', and inserted in lieu
    thereof ``known at the time of approval''.
    ---------------------------------------------------------------------------
        (e)(1) The Attorney General and the Federal Trade
    Commission shall monitor the development and carrying out of
    voluntary agreements and plans of action authorized under this
    section in order to promote competition and to prevent
    anticompetitive practices and effects, while achieving
    substantially the purposes of this part.
        (2) In addition to any requirement specified under
    subsections (b) and (c) of this section and in order to carry
    out the purposes of this section, the Attorney General, in
    consultation with the Federal Trade Commission and the
    Secretary,\18\ may \21\ promulgate rules concerning the
    maintenance of necessary and appropriate records related to the
    development and carrying out of voluntary agreements and plans
    of action authorized pursuant to this section.
    ---------------------------------------------------------------------------
        \21\ Sec. 1(4)(C) of Public Law 105-177 (112 Stat. 105) struck out
    ``shall'' and inserted in lieu thereof ``may''.
    ---------------------------------------------------------------------------
        (3) Persons developing or carrying out voluntary agreements
    and plans of action authorized pursuant to this section shall
    maintain such records as are required by rules promulgated
    under paragraph (2). The Attorney General and the Federal Trade
    Commission shall have access to and the right to copy such
    records at reasonable times and upon reasonable notice.
        (4) The Attorney General and the Federal Trade Commission
    may each prescribe such rules as may be necessary or
    appropriate to carry out their respective responsibilities
    under this section. They may both utilize for such purposes and
    for purposes of enforcement any powers conferred upon the
    Federal Trade Commission or the Department of Justice, or both,
    by the antitrust laws or the Antitrust Civil Process Act; and
    wherever any such law refers to ``the purposes of this Act'' or
    like terms, the reference shall be understood to include this
    section.
        (f)(1) There shall be available as a defense to any civil
    or criminal action brought under the antitrust laws (or any
    similar State law) in respect to actions taken to develop or
    carry out a voluntary agreement or plan of action by persons
    engaged in the business of producing, transporting, refining,
    distributing, or storing petroleum products, provided that such
    actions were not taken for the purpose of injuring competition
    that--
              (A) such actions were taken--
                      (i) in the course of developing a voluntary
                    agreement or plan of action pursuant to this
                    section, or
                      (ii) to carry out a voluntary agreement or
                    plan of action authorized and approved in
                    accordance with this section, and
              (B) such persons complied with the requirements of
            this section and the rules promulgated hereunder.
        (2) Except in the case of actions taken to develop a
    voluntary agreement or plan of action, the defense provided in
    this subsection shall be available only if the person asserting
    the defense demonstrates that the actions were specified in, or
    within the reasonable contemplation of, an approved voluntary
    agreement or \22\ plan of action.
    ---------------------------------------------------------------------------
        \22\ Sec. 1(4)(D) of Public Law 105-177 (112 Stat. 105) inserted
    ``voluntary agreement or''.
    ---------------------------------------------------------------------------
        (3) Persons interposing the defense provided by this
    subsection shall have the burden of proof, except that the
    burden shall be on the person against whom the defense is
    asserted with respect to whether the actions were taken for the
    purpose of injuring competition.
        (g) No provision of this section shall be construed as
    granting immunity for, or as limiting or in any way affecting
    any remedy or penalty which may result from any legal action or
    proceeding arising from, any act or practice which occurred
    prior to the date of enactment of this Act or subsequent to its
    expiration or repeal.
        (h) \23\ Section 708 of the Defense Production Act of 1950
    shall not apply to any agreement or action undertaken for the
    purpose of developing or carrying out--
    ---------------------------------------------------------------------------
        \23\ Sec. 1(4)(E) of Public Law 105-177 (112 Stat. 105) amended and
    restated subsec. (h). It previous read as follows:
        ``(h) Upon the expiration of the 90-day period which begins on the
    date of enactment of this Act, the provisions of sections 708 and 708A
    (other than 708A(o)) of the Defense Production Act of 1950 shall not
    apply to any agreement or action undertaken for the purpose of
    developing or carrying out (1) the international energy program, or (2)
    any allocation, price control, or similar program with respect to
    petroleum products under this Act or under the Emergency Petroleum
    Allocation Act of 1973. For purposes of section 708A(o) of the Defense
    Production Act of 1950, the effective date of the provisions of this
    Act which relate to international voluntary agreements to carry out the
    International Energy Program shall be deemed to be 90 days after the
    date of enactment of this Act.''.
    ---------------------------------------------------------------------------
              (1) the international energy program; or
              (2) any allocation, price control, or similar program
            with respect to petroleum products under this Act.
        (i) The Attorney General and the Federal Trade Commission
    shall each submit to the Congress and to the President, at such
    intervals as are appropriate based on significant developments
    and issues, reports \24\ on the impact on competition and on
    small business of actions authorized by this section.
    ---------------------------------------------------------------------------
        \24\ Sec. 1091(g) of Public Law 104-66 (109 Stat. 722) struck out
    ``, at least once every 6 months, a report'' and inserted in lieu
    thereof ``, at such intervals as are appropriate based on significant
    developments and issues, reports''.
    ---------------------------------------------------------------------------
        (j) \25\ In any action in any Federal or State court for
    breach of contract, there shall be available as a defense that
    the alleged breach of contract was caused predominantly by
    action taken during an international energy supply emergency to
    carry out a voluntary agreement or plan of action authorized
    and approved in accordance with this section.
    ---------------------------------------------------------------------------
        \25\ Sec. 104(c) of Public Law 99-58 (99 Stat. 105) repealed a
    previous subsec. (j), which had terminated the authority granted by
    this section on June 30, 1985.
    ---------------------------------------------------------------------------
        (k) As used in this section and section 254:
              (1) The term ``international energy supply
            emergency'' means any period (A) beginning on any date
            which the President determines allocation of petroleum
            products to nations participating in the international
            energy program is required by chapters III and IV of
            such program, and (B) ending on a date on which he
            determines that such allocation is no longer required.
            Such a period may not exceed 90 days, but the President
            may establish one or more additional 90-day periods by
            making anew the determination under subparagraph (A) of
            the preceding sentence. Any determination respecting
            the beginning or end of any such period shall be
            published in the Federal Register.
              (2) \26\ The term ``international emergency response
            provisions'' means--
    ---------------------------------------------------------------------------
        \26\ Sec. 1(4)(F) of Public Law 105-177 (112 Stat. 105) amended and
    restated para. (2). It previous read as follows:
        ``(2) The term `allocation and information provisions of the
    international energy program' means the provisions of the international
    energy program which relate to international allocation of petroleum
    products and to the information system provided in such a program.''.
    ---------------------------------------------------------------------------
                      (A) the provisions of the international
                    energy program which relate to international
                    allocation of petroleum products and to the
                    information system provided in the program; and
                      (B) the emergency response measures adopted
                    by the Governing Board of the International
                    Energy Agency (including the July 11, 1984,
                    decision by the Governing Board on ``Stocks and
                    Supply Disruptions'') for--
                              (i) the coordinated drawdown of
                            stocks of petroleum products held or
                            controlled by governments; and
                              (ii) complementary actions taken by
                            governments during an existing or
                            impending international oil supply
                            disruption.
        (l) \27\ The antitrust defense under subsection (f) shall
    not extend to the international allocation of petroleum
    products unless allocation is required by chapters III and IV
    of the international energy program during an international
    energy supply emergency.
    ---------------------------------------------------------------------------
        \27\ Sec. 1(4)(G) of Public Law 107-177 (112 Stat. 106) amended and
    restated subsec. (l). Subsec. (l), as added by sec. 2(b)(2) of the
    Energy Emergency Preparedness Act of 1982 (Public Law 97-229; 96 Stat.
    248), previously read as follows:
        ``(l) The authority granted by this section shall apply only to the
    development or carrying out of voluntary agreements and plans of action
    to implement chapters III, IV, and V of the international energy
    program.''.
    ---------------------------------------------------------------------------
        (m) \28\ (1) With respect to any plan of action approved by
    the Attorney General after the date of enactment of the Energy
    Policy and Conservation Amendments Act of 1985--
    ---------------------------------------------------------------------------
        \28\ Sec. 105 of the Energy Policy and Conservation Amendments Act
    of 1985 (Public Law 99-58; 99 Stat. 105) added subsecs. (m) and (n).
    ---------------------------------------------------------------------------
              (A) the defenses under subsection (f) and (j) shall
            be applicable to Type 1 activities (as that term is
            defined in the international Energy Agency Emergency
            Management Manual, dated December 1982 only if--
                      (i) The Secretary has transmitted such plan
                    of action to the Congress; and
                      (ii)(I) 90 calendar days of continuous
                    session have elapsed since receipt by the
                    Congress of such transmittal; or
                      (II) within 90 calendar days of continuous
                    session after receipt of such transmittal,
                    either House of the Congress has disapproved a
                    joint resolution of disapproval pursuant to
                    subsection (n); and
              (B) such defenses shall not be applicable to Type 1
            activities if there has been enacted, in accordance
            with subsection (n), a joint resolution of disapproval.
        (2) The Secretary may withdraw the plan of action at any
    time prior to adoption of a joint resolution described in
    subsection (n)(3) by either House of Congress.
        (3) For the purpose of this subsection--
              (A) continuity of session is broken only by an
            adjournment of the Congress sine die at the end of the
            second session of Congress; and
              (B) the days on which either House is not in session
            because of an adjournment of more than three days to a
            day certain are excluded in the computation of the
            calendar-day period involved.
        (n) \28\ (1)(A) The application of defenses under
    subsections (f) and (j) for Type 1 activities with respect to
    any plan of action transmitted to Congress as described in
    subsection (m)(1)(A)(i) shall be disapproved if a joint
    resolution of disapproval has been enacted into law during the
    90-day period of continuous session after which such
    transmission was received by the Congress. For the purpose of
    this subsection, the term ``joint resolution'' means only a
    joint resolution of either House of the Congress as described
    in paragraph (3).
        (B) After receipt by the Congress of such plan of action, a
    joint resolution of disapproval may be introduced in either
    House of the Congress. Upon introduction in the Senate, the
    joint resolution shall be referred in the Senate immediately to
    the Committee on Energy and Natural Resources of the Senate.
        (2) This subsection is enacted by the Congress--
              (A) as an exercise of the rulemaking power of the
            Senate and as such it is deemed a part of the rules of
            the Senate, but applicable only with respect to the
            procedure to be followed in the Senate in the case of
            resolutions described by paragraph (3); it supersedes
            outer rules only to the extent that is inconsistent
            therewith; and
              (B) with full recognition of the constitutional right
            of the Senate to change the rules (so far as relating
            to the procedure of the Senate) at any time, in the
            same manner and to the same extent as in the case of
            any other rule of the Senate.
        (3) The joint resolution disapproving the transmission
    under subsection (m) shall read as follows after the resolving
    clause: ``That the Congress of the United States disapproves
    the availability of the defenses pursuant to section 252(f) and
    (j) of the Energy Policy and Conservation Act with respect to
    Type 1 activities under the plan of action submitted to the
    Congress by the Secretary of Energy on           .'', the blank
    space therein being filled with the date and year of receipt by
    the Congress of the plan of action transmitted as described in
    subsection (m).
        (4)(A) If the Committee on Energy and Natural Resources of
    the Senate has not reported a joint resolution referred to it
    under this subsection at the end of 20 calendar days of
    continuous session after its referral, it shall be in order to
    move either to discharge the committee from further
    consideration of such resolution or to discharge the committee
    from further consideration of any other joint resolution which
    has been referred to the committee with respect to such plan of
    action.
        (B) A motion to discharge shall be highly privileged
    (except that it may not be made after the Committee on Energy
    and Natural Resources has reported a joint resolution with
    respect to the plan of action), and debate thereon shall be
    limited to not more than one hour, to be divided equally
    between those favoring and those opposing the joint resolution.
    An amendment to the motion shall not be in order, and it shall
    not be in order to move to reconsider the vote by which the
    motion was agreed to or disagreed to.
        (C) If the motion to discharge is agreed to or disagreed
    to, the motion may not be renewed, nor may another motion to
    discharge the committee be made with respect to any other joint
    resolution with respect to the same transmission.
        (5)(A) When the Committee on Energy and Natural Resources
    of the Senate has reported or has been discharged from further
    consideration of a joint resolution, it shall be in order at
    any time thereafter within the 90-day period following receipt
    by the Congress of the plan of action (even though a previous
    motion to the same effect has been disagreed to) to move to
    proceed to the consideration of such joint resolution. The
    motion shall be highly privileged and shall not be debatable.
    An amendment to the motion shall not be in order, and it shall
    not be in order to move to reconsider a vote by which the
    motion was agreed to or disagreed to.
        (B) Debate on the joint resolution shall be limited to not
    more than 10 hours and final action on the joint resolution
    shall occur immediately following conclusion of such debate. A
    motion further to limit debate shall not be debatable. A motion
    to recommit such a joint resolution shall not be in order, and
    it shall not be in order to move to reconsider the vote by
    which such a joint resolution was agreed to or disagreed to.
        (6)(A) Motions to postpone made with respect to the
    discharge from committee or consideration of a joint
    resolution, shall be decided without debate.
        (B) Appeals from the decision of the Chair relation to the
    application of rules of the Senate to the procedures relating
    to a joint resolution shall be decided without debate.

                              advisory committees

        Sec. 253.\29\ (a) To achieve the purposes of the
    international energy program with respect to international
    allocation of petroleum products and the information system
    provided in such program, the Administrator may provide for the
    establishment of such advisory committees as he determines are
    necessary. In addition to the requirements specified in this
    section, such advisory committees shall be subject to the
    provisions of section 17 of the Federal Energy Administration
    Act of 1974 \30\ (whether or not such Act or any of its
    provisions expire or terminate before June 30, 1985); shall be
    chaired by a regular full-time Federal employee; and shall
    include representatives of the public. The meetings of such
    committees shall be open to the public. The Attorney General
    and the Federal Trade Commission shall have adequate advance
    notice of any meeting and may have an official representative
    attend and participate in any such meeting.
    ---------------------------------------------------------------------------
        \29\ 42 U.S.C. 6273.
        \30\ 15 U.S.C. 776.
    ---------------------------------------------------------------------------
        (b) A verbatim transcript shall be kept of such advisory
    committee meetings, and shall be deposited with the Attorney
    General and the Federal Trade Commission. Such transcript shall
    be made available for public inspection and copying in
    accordance with section 552 of title 5, United States Code,
    except that matter may not be withheld from disclosure under
    section 552(b) of such title on grounds other than the grounds
    specified in section 552(b)(1), (b)(3), and so much of (b)(4)
    as relates to trade secrets, or pursuant to a determination
    under subsection (c).
        (c) The President, after consultation with the Secretary of
    State, the Federal Trade Commission, the Attorney General, and
    the Secretary \18\ may suspend the application of--
              (1) sections 10 and 11 of the Federal Advisory
            Committee Act,\31\
    ---------------------------------------------------------------------------
        \31\ 5 U.S.C. App. 1.
    ---------------------------------------------------------------------------
              (2) subsections (b) and (c) of section 17 of the
            Federal Energy Administration Act of 1974,\30\
              (3) the requirement under subsection (a) of this
            section that meetings be open to the public, and
              (4) the second sentence of subsection (b);
    If the President determines with respect to a particular
    meeting, (A) that such suspension is essential to the
    developing or carrying out of the international energy program,
    (B) that such suspension relates solely to the purpose of
    international allocation of petroleum products and the
    information system provided in such program, and (C) that the
    meeting deals with matters described in section 552(b)(1) of
    title 5, United States Code. Such determination by the
    President shall be in writing, shall set forth a detailed
    explanation of reasons justifying the granting of such
    suspension, and shall be published in the Federal Register at a
    reasonable time prior to the effective date of any such
    suspension.

                            exchange of information

        Sec. 254.\32\ (a)(1) Except as provided in subsections (b)
    and (c), the Secretary,\18\ after consultation with the
    Attorney General, may provide to the Secretary of State, and
    the Secretary of State may transmit to the International Energy
    Agency established by the international energy program, the
    information and data related to the energy industry certified
    by the Secretary of State as required to be submitted under the
    international energy program.
    ---------------------------------------------------------------------------
        \32\ 42 U.S.C. 6274.
    ---------------------------------------------------------------------------
        (2)(A) Except as provided in subparagraph (B) of this
    paragraph, any such information or data which is geological or
    geophysical information or a trade secret or commercial or
    financial information to which section 552 (b)(9) or (b)(4) of
    title 5, United States Code, applies shall, prior to such
    transmittal, be aggregated, accumulated, or otherwise reported
    in such manner as to avoid, to the fullest extent feasible,
    identification of any person from whom the United States
    obtained such information or data, and in the case of
    geological or geophysical information, a competitive
    disadvantage to such person.
        (B)(i) Notwithstanding subparagraph (A) of this paragraph,
    during an international energy supply emergency, any such
    information or data with respect to the international
    allocation of petroleum products may be made available to the
    International Energy Agency if otherwise authorized to be made
    available to such Agency by paragraph (1) of this subsection.
        (ii) Subparagraph (A) shall not apply to information
    described in subparagraph (A) (other than geological or
    geophysical information) if the President certifies, after
    opportunity for presentation of views by interested persons,
    that the International Energy Agency has adopted and is
    implementing security measures which assure that such
    information will not be disclosed by such Agency or its
    employees to any person or foreign country without having been
    aggregated, accumulated, or otherwise reported in such manner
    as to avoid identification of any person from whom the United
    States obtained such information or data.
        (3)(A) Within 90 days after the date of enactment of this
    Act, and periodically thereafter, the President shall review
    the operation of this section and shall determine whether other
    signatory nations to the international energy program are
    transmitting information and data to the International Energy
    Agency in substantial compliance with such program. If the
    President determines that other nations are not so complying
    paragraph (2)(B)(ii) shall not apply until he determines other
    nations are so complying.
        (B) Any person who believes he has been or will be damaged
    by the transmittal of information or data pursuant to this
    section shall have the right to petition the President and to
    request changes in procedures which will protect such person
    from any competitive damage.
        (b) If the President determines that the transmittal of
    data or information pursuant to the authority of this section
    would prejudice competition, violate the antitrust laws, or by
    inconsistent with United States national security interests, he
    may require that such data or information not be transmitted.
        (c) Information and data the confidentiality of which is
    protected by statute shall not be provided by the Secretary
    \18\ to the Secretary of State under subsection (a) of this
    section for transmittal to the International Energy Agency,
    unless the Secretary \18\ has obtained the specific concurrence
    of the head of any department or agency which has the primary
    statutory authority for the collection, gathering, or obtaining
    of such information and data. In making a determination to
    concur in providing such information and data, the head of any
    department or agency which has the primary statutory authority
    for the collection, gathering, or obtaining of such information
    and data shall consider the purposes for which such information
    and data were collected, gathered, and obtained, the
    confidentiality provisions of such statutory authority, and the
    international obligations of the United States under the
    international energy program with respect to the transmittal of
    such information and data to an international organization or
    foreign country.
        (d) For the purposes of carrying out the obligations of the
    United States under this international energy program, the
    authority to collect data granted by sections 11 and 13 of the
    Energy Supply and Environmental Coordination Act and the
    Federal Energy Administration Act of 1974 respectfully, shall
    continue in full force and effect without regard to the
    provisions of such Acts relating to their expiration.
        (e) The authority under this section to transmit
    information shall be subject to any limitations on disclosure
    contained in other laws, except that such authority may be
    exercised without regard to--
              (1) section 11(d) of the Energy Supply and
            Environmental Coordination Act of 1974;
              (2) section 14(b) of the Federal Energy
            Administration Act of 1974;
              (3) section 12 of the Export Administration Act of
            1979; \33\
    ---------------------------------------------------------------------------
        \33\ Sec. 22(b) of Public Law 96-72 (93 Stat. 535) struck out
    ``section 7 of the Export Administration Act of 1969'' and inserted in
    lieu thereof ``section 12 of the Export Administration Act of 1979.''.
    ---------------------------------------------------------------------------
              (4) section 9 of title 13, United States Code;
              (5) section 1 of the Act of January 27, 1938 (15
            U.S.C. 176(a)); and
              (6) section 1905 of title 18, United States Code.

        relationship of this title to the international energy agreement

        Sec. 255.\34\ The purpose of the Congress in enacting this
    title is to provide standby energy emergency authority to deal
    with energy shortage conditions and to minimize economic
    dislocations and adverse impacts on employment. While the
    authorities contained in this title may, to the extent
    authorized by this title, be used to carry out obligations
    incurred by the United States in connection with the
    International Energy Program, this title shall not be construed
    in any way as advice and consent, ratification, endorsement, or
    other form of congressional approval of the specific terms of
    such program.
    ---------------------------------------------------------------------------
        \34\ 42 U.S.C. 6275.
    ---------------------------------------------------------------------------

       domestic renewable energy industry and related service industries

        Sec. 256.\35\ (a) It is the purpose of this section to
    implement the responsibilities of the United States under
    chapter VII of the international energy program with respect to
    development of alternative energy by facilitating the overall
    abilities of the domestic renewable energy industry and related
    service industries to create new markets.
    ---------------------------------------------------------------------------
        \35\ 42 U.S.C. 6276. Sec. 2 of Public Law 98-370 (98 Stat. 1211)
    added sec. 256.
    ---------------------------------------------------------------------------
        (b)(1) Before the later of--
              (A) 6 months after the date of the enactment of this
            section, and
              (B) May 31, 1985,
    the Secretary of Commerce shall conduct an evaluation regarding
    the domestic renewable energy industry and related service
    industries and submit a report of his findings to the Congress.
        (2) Such evaluation shall include--
              (A) an assessment of the technical and commercial
            status of the domestic renewable energy industry and
            related service industries in domestic and foreign
            markets;
              (B) an assessment of the Federal Government's
            activities affecting commerce in the domestic renewable
            energy industry and related service industries and in
            consolidating and coordinating such activities within
            the Federal Government; and
              (C) an assessment of the aspects of the domestic
            renewable energy industry and related service
            industries in which improvements must be made to
            increase the international commercialization of such
            industry.
        (c)(1) On the basis of the evaluation under subsection (b),
    the Secretary of Commerce shall, consistent with existing law,
    establish a program for enhancing commerce in renewable energy
    technologies and consolidating or coordinating existing
    activities for such purpose.
        (2) Such program shall provide for--
              (A) the broadening of the participation by the
            domestic renewable energy industry and related service
            industries in such activities;
              (B) the promotion of the domestic renewable energy
            industry and related service industries on a worldwide
            basis;
              (C) the participation by the Federal Government and
            the domestic renewable energy industry and related
            service industries in international standard-setting
            activities; and
              (D) the establishment of an information program under
            which--
                      (i) technical information about the domestic
                    renewable energy industry and related service
                    industries shall be provided to appropriate
                    public and private officials engaged in
                    commerce, and to potential end users, including
                    other industry sectors in foreign countries
                    such as health care, rural development,
                    communications, and refrigeration, and
                    others,\36\ and
    ---------------------------------------------------------------------------
        \36\ Sec. 7(a)(1) of Public Law 101-218 (103 Stat. 1867) inserted
    ``and to potential end users, including other industry sectors in
    foreign countries such as health care, rural development,
    communications, and refrigeration, and others,''.
    ---------------------------------------------------------------------------
                      (ii) marketing information about export and
                    export financing opportunities \37\ shall be
                    available to the domestic renewable energy
                    industry and related service industries.
    ---------------------------------------------------------------------------
        \37\ Sec. 7(a)(2) of Public Law 101-218 (103 Stat. 1867) struck out
    ``export opportunities'' and inserted in lieu thereof ``export and
    export financing opportunities''.
    ---------------------------------------------------------------------------
        (3) Necessary funds required for carrying out such program
    shall be requested in connection with fiscal years beginning
    after September 30, 1984.
        (d) \38\ Interagency Working Group.--
    ---------------------------------------------------------------------------
        \38\ Sec. 1207(a) of Public Law 102-486 (106 Stat. 2962) amended
    and restated subsec. (d). It formerly read as follows:
        ``(d) There shall be established an interagency working group
    which, in consultation with the representative industry groups and
    relevant agency heads, shall make recommendations to coordinate the
    actions and programs of the Federal Government affecting commerce in
    renewable energy products and related services. The Secretary of Energy
    shall be the chairman of such group. The heads of appropriate agencies
    may detail such personnel and may furnish such services to such working
    group, with or without reimbursement, as may be necessary to carry out
    its functions.''.
    ---------------------------------------------------------------------------
              (1) \39\ Establishment.--(A) There shall be
            established an interagency working group that, in
            consultation with the representative industry groups
            and relevant agency heads, shall make recommendations
            to coordinate the actions and programs of the Federal
            Government affecting exports of renewable energy and
            energy efficiency products and services. The
            interagency working group shall establish a program to
            inform foreign countries of the benefits of policies
            that would increase energy efficiency or would allow
            facilities that use renewable energy to compete
            effectively with producers of energy from nonrenewable
            sources.
    ---------------------------------------------------------------------------
        \39\ See also secs. 1209 through 1211 of the Energy Policy Act
    (Public Law 102-486; 106 Stat. 2964-69).
    ---------------------------------------------------------------------------
              (B) There shall be established an Interagency Working
            Subgroup on Renewable Energy and an Interagency Working
            Subgroup on Energy Efficiency that shall, in
            consultation with representative industry groups,
            nonprofit organizations, and relevant Federal agencies,
            make recommendations to coordinate the actions and
            programs of the Federal Government to promote the
            export of domestic renewable energy and energy
            efficiency products and services, respectively.
              (C) The Secretary of Energy, or the Secretary's
            designee, shall chair the interagency working group and
            each subgroup established under this paragraph. The
            Administrator of the Agency for International
            Development and the Secretary of Commerce, or their
            designees, shall be members of both subgroups
            established under this paragraph. The Secretary shall
            provide staff for carrying out the functions of the
            interagency working group and each subgroup established
            under this paragraph. The heads of appropriate agencies
            may detail such personnel and may furnish such services
            to such group and subgroups, with or without
            reimbursement, as may be necessary to carry out their
            functions.
              (2) Duties of the interagency working subgroups.--(A)
            The interagency working subgroups established under
            paragraph (1)(B), through the member agencies of the
            interagency working group, shall promote the
            development and application in foreign countries of
            renewable energy and energy efficiency products and
            services, respectively, that--
                      (i) reduce dependence on unreliable sources
                    of energy by encouraging the use of sustainable
                    biomass, wind, small-scale hydroelectric,
                    solar, geothermal, and other renewable energy
                    and energy efficiency products and services;
                    and
                      (ii) use hybrid fossil-renewable energy
                    systems.
              (B) In addition, the interagency working subgroups
            shall explore mechanisms for assisting domestic firms,
            particularly small businesses, with the export of their
            renewable energy and energy efficiency products and
            services and with the identification of potential
            projects.
              (3) Training and assistance.--The interagency working
            subgroups shall encourage the member agencies of the
            interagency working group to--
                      (A) provide technical training and education
                    for international development personnel and
                    local users in their own country;
                      (B) provide financial and technical
                    assistance to nonprofit institutions that
                    support the marketing and export efforts of
                    domestic companies that provide renewable
                    energy and energy efficiency products and
                    services;
                      (C) develop environmentally sustainable
                    renewable energy and energy efficiency projects
                    in foreign countries;
                      (D) provide technical assistance and training
                    materials to loan officers of the World Bank,
                    international lending institutions, commercial
                    and energy attaches at embassies of the United
                    States and other appropriate personnel in order
                    to provide information about renewable energy
                    and energy efficiency products and services to
                    foreign governments or other potential project
                    sponsors;
                      (E) support, through financial incentives,
                    private sector efforts to commercialize and
                    export renewable energy and energy efficiency
                    products and services; and
                      (F) augment budgets for trade and development
                    programs in order to support pre-feasibility or
                    feasibility studies for projects that utilize
                    renewable energy and energy efficiency products
                    and services.
              (4) \40\ The interagency working group shall conduct
            a study of subsidies, incentives, and policies that
            foreign countries use to promote exports of their own
            renewable energy and energy efficiency technologies and
            products. Such study shall also identify foreign trade
            barriers to the import of renewable energy and energy
            efficiency technologies and products produced in the
            United States. The interagency working group shall
            report to the appropriate committees of the House of
            Representatives and the Senate the results of such
            study within 18 months after the date of the enactment
            of the Energy Policy Act of 1992.
    ---------------------------------------------------------------------------
        \40\ Sec. 1208 of Public Law 102-486 (106 Stat. 2964) added para.
    (4).
    ---------------------------------------------------------------------------
        (e) \41\ The interagency working group established under
    subsection (d) of this section shall annually report to
    Congress, describing the actions of each agency represented by
    a member of the working group taken during the previous fiscal
    year to achieve the purposes of such working group and of this
    section. Such report shall describe the exports of renewable
    energy technology that have occurred as a result of such agency
    actions.
    ---------------------------------------------------------------------------
        \41\ Sec. 7(c) of Public Law 101-218 (103 Stat. 1867) added
    subsecs. (e) through (h).
    ---------------------------------------------------------------------------
        (f) \41\ (1) The interagency working group shall--
              (A) establish, in consultation with representatives
            of affected industries, a plan to increase United
            States exports of renewable energy and energy
            efficiency \42\ technologies, and include in such plan
            recommended guidelines for agencies that are
            represented on the working group with respect to the
            financing of, or other actions they can take within
            their programs to promote, exports of such renewable
            energy and energy efficiency \42\ technologies;
    ---------------------------------------------------------------------------
        \42\ Sec. 1207(b) of Public Law 102-486 (106 Stat. 2963) inserted
    ``and energy efficiency''.
    ---------------------------------------------------------------------------
              (B) develop, in consultation with representatives of
            affected industries, recommended administrative
            guidelines for Federal export loan programs to simplify
            application by firms seeking export assistance for
            renewable energy and energy efficiency \42\
            technologies from agencies implementing such programs;
            and
              (C) recommend specific renewable energy and energy
            efficiency \42\ technology markets for primary emphasis
            by Federal export loan programs, development programs,
            and private sector assistance programs.
        (2) The interagency working group shall include a
    description of the plan established under paragraph (1)(A) in
    no later than the second report submitted under subsection (e)
    of this section, and shall include in subsequent reports a
    description of any modifications to such plan and of the
    progress in implementing the plan.
        (h) \43\, \44\ Authorization of
    Appropriations.--There are authorized to be appropriated such
    sums as may be necessary to implement this part, to remain
    available until expended.
    ---------------------------------------------------------------------------
        \43\ Sec. 1207(c) of Public Law 102-486 (106 Stat. 2963) repealed
    subsec. (g), as added by sec. 7(c) of Public Law 101-218 (103 Stat.
    1867), which had defined ``renewable energy'' as including ``energy
    efficiency to the extent it is a part of a renewable energy system or
    technology.''.
        \44\ Sec. 339(b)(1) of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; 117 Stat. 278) amended and restated subsec.
    (h).
        Previously, sec. 104(2) of Public Law 106-469 (114 Stat. 2033) had
    amended and restated subsec. (h) providing for the authorization of
    appropriations from fiscal year 2000 through fiscal year 2003.
        Previous to that, sec. 1(3) of Public Law 104-306 (110 Stat. 3810)
    added the authorization of appropriations for fiscal year 1997.
        Previous to that, sec. 1207(d) of Public Law 102-486 (106 Stat.
    2963) amended and restated subsec. (h) providing the authorization of
    appropriations from fiscal year 1993 through fiscal year 1995.
        The original text of subsec. (h) provided the authorization of
    appropriations from fiscal year 1991 through fiscal year 1993.
    ---------------------------------------------------------------------------
              * * * * * * *

       Part C--Energy Emergency Preparedness \45\ * * * [Repealed--2000]
    ---------------------------------------------------------------------------

        \45\ Sec. 104(3) of the Energy Act of 2000 (Public Law 106-469; 114
    Stat. 2033) repealed Part C, including sec. 271 that provided
    Congressional findings, policy, and purposes, and sec. 272 that
    provided for preparation for petroleum supply interruptions.
    ---------------------------------------------------------------------------

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                                prohibited acts

        Sec. 524.\46\ It shall be unlawful for any person--
    ---------------------------------------------------------------------------
        \46\ 42 U.S.C. 6394.
    ---------------------------------------------------------------------------
              (1) to violate any provision of title I or title II
            of this Act or this title (other than any provision of
            such titles which amend another law).
              (2) to violate any rule, regulation, or order issued
            pursuant to any provision of section 383 of this Act;
            or
              (3) to fail to comply with any provision prescribed
            in, or pursuant to, an energy conservation contingency
            plan which is in effect.

                                  enforcement

        Sec. 525.\47\ (a) Whoever violates section 524 shall be
    subject to a civil penalty of not more than $5,000 for each
    violation.
    ---------------------------------------------------------------------------
        \47\ 42 U.S.C. 6395.
    ---------------------------------------------------------------------------
        (b) Whoever willfully violates section 524 shall be fined
    not more than $10,000 for each violation.
        (c) Any person who knowingly and willfully violates section
    524 with respect to the sale, offer of sale, or distribution in
    commerce of a product or commodity after having been subjected
    to a civil penalty for a prior violation of section 524 with
    respect to the sale, offer of sale, or distribution in commerce
    of such product or commodity shall be fined not more than
    $50,000 or imprisoned not more than 6 months, or both.
        (d) Whenever it appears to any officer or agency of the
    United States in whom is vested, or to whom is delegated,
    authority under this Act that any person has engaged, is
    engaged, or is about to engage in acts or practices
    constituting a violation of section 524, such officer or agency
    may request the Attorney General to bring an action in an
    appropriate district court of the United States to enjoin such
    acts or practices, and upon a proper showing a temporary
    restraining order or a preliminary or permanent injunction
    shall be granted without bond. Any such court may also issue
    mandatory injunctions commanding any person to comply with any
    rule, regulation, or order described in section 524.
        (e)(1) Any person suffering legal wrong because of any act
    or practice arising out of any violation of any provision of
    this Act described in paragraph (2), may bring an action in an
    appropriate district court of the United States without regard
    to the amount in controversy, for appropriate relief, including
    an action for a declaratory judgment or writ of injunction.
    Nothing in this subsection shall authorize any person to
    recover damages.
        (2) The provisions of this Act referred to in paragraph (1)
    are as follows:
              (A) Section 202 (relating to energy conservation
            plans).
              (B) Section 251 (relating to international oil
            allocation).
              (C) Section 252 (relating to international voluntary
            agreements).
              (D) Section 253 (relating to advisory committees).
              (E) Section 254 (relating to international exchange
            of information).
              (F) Section 521 (relating to prohibition on certain
            actions).

                              effect on other laws

        Sec. 526.\48\ No State law or State program in effect on
    the date of enactment of this Act, or which may become
    effective thereafter, shall be superseded by any provision of
    title I or II of this Act (other than any provision of such
    title which amends another law) or any rule, regulation, or
    order thereunder, except insofar as such State law or State
    program is in conflict with such provision, rule, regulation,
    or order.
    ---------------------------------------------------------------------------
        \48\ 42 U.S.C. 6396.
    ---------------------------------------------------------------------------
              * * * * * * *

                                   expiration

        Sec. 531.\49\ * * * [Repealed--1985]
    ---------------------------------------------------------------------------
        \49\ Sec. 104(c)(3) of the Energy Policy and Conservation
    Amendments Act of 1985 (Public Law 99-58; 99 Stat. 105) repealed sec.
    531 (42 U.S.C. 6401). It formerly read as follows:
        ``Except as otherwise provided in title I or title II, all
    authority under any provision of title I or title II (other than a
    provision of either such title amending another law) and any rule,
    regulation, or order issued pursuant to such authority, shall expire at
    midnight, June 30, 1985, but such expiration shall not affect any
    action or pending proceedings, civil or criminal, not finally
    determined on such date, nor any action or proceeding based upon any
    act committed prior to midnight, June 30, 1985.''.
    ---------------------------------------------------------------------------

                          Part C--Congressional Review

        procedure for congressional review of presidential requests to
                         implement certain authorities

        Sec. 551.\50\ (a) For purposes of this section, the term
    ``energy action'' means any matter required to be transmitted,
    or submitted to the Congress in accordance with the procedures
    of this section.
    ---------------------------------------------------------------------------
        \50\ 42 U.S.C. 6421.
    ---------------------------------------------------------------------------
        (b) The President shall transmit any energy action (bearing
    an identification number) to both Houses of Congress on the
    same day. If both Houses are not in session on the day any
    energy action is received by the appropriate officers of each
    House, for purposes of this section such energy action shall be
    deemed to have been transmitted on the first succeeding day on
    which both Houses are in session.
        (c)(1) Except as provided in paragraph (2) of this
    subsection, if energy action is transmitted to the Houses of
    Congress, such action shall take effect at the end of the first
    period of 15 calendar days of continuous session of Congress
    after the date on which such action is transmitted to such
    Houses, unless between the date of transmittal and the end of
    such 15-day period, either House passes a resolution stating in
    substance that such House does not favor such action.
        (2) An energy action described in paragraph (1) may take
    effect prior to the expiration of the 15-calendar-day period
    after the date on which such action is transmitted, if each
    House of Congress approves a resolution affirmatively stating
    in substance that such House does not object to such action.
        (d) For the purpose of subsection (c) of this section--
              (1) continuity of session is broken only by an
            adjournment of Congress sine die; and
              (2) the days on which either House is not in session
            because of an adjournment of more than 3 days to a day
            certain are excluded in the computation of the 15-
            calendar-day period.
        (e) Under provisions contained in an energy action, a
    provision of such an action may take effect on a date later
    than the date on which such action otherwise takes effect
    pursuant to the provisions of this section.
        (f)(1) This subsection is enacted by Congress--
              (A) as an exercise of the rulemaking power of the
            Senate and the House of Representatives, respectively,
            and as such it is deemed a part of the rules of each
            House, respectively, but applicable only with respect
            to the procedure to be followed in that House in the
            case of resolutions described by paragraph (2) of this
            subsection; and it supersedes other rules only to the
            extent that it is inconsistent therewith; and
              (B) with full recognition of the constitutional right
            of either House to change the rules (so far as relating
            to the procedure of that House) at any time, in the
            same manner and to the same extent as in the case of
            any other rule of the House.
        (2) For purposes of this subsection, the term
    ``resolution'' means only a resolution of either House of
    Congress described in subparagraph (A) or (B) of this
    paragraph.
              (A) A resolution the matter after the resolving
            clause of which is as follows: ``That the ____ does not
            object to the energy action numbered ____ submitted to
            the Congress on ____, 19__.'', the first blank space
            therein being filled with the name of the resolving
            House and the other blank spaces being appropriately
            filled; but does not include a resolution which
            specifies more than one energy action.
              (B) A resolution the matter after the resolving
            clause of which is as follows: ``That the ____ does not
            favor the energy action numbered ____ transmitted to
            Congress on ____, 19__.'', the first blank space
            therein being filled with the name of the resolving
            House and the other blank spaces therein being
            appropriately filled; but does not include a resolution
            which specifies more than one energy action.
        (3) A resolution once introduced with respect to an energy
    action shall immediately be referred to a committee (and all
    resolutions with respect to the same plan shall be referred to
    the same committee) by the President of the Senate or the
    Speaker of the House of Representatives, as the case may be.
        (4)(A) If the committee to which a resolution with respect
    to an energy action has been referred has not reported it at
    the end of 5 calendar days after its referral, it shall be in
    order to move either to discharge the committee from further
    consideration of such resolution or to discharge the committee
    from further consideration of any other resolution with respect
    to such energy action which has been referred to the committee.
        (B) A motion to discharge may be made only by an individual
    favoring the resolution, shall be highly privileged (except
    that it may not be made after the committee has reported a
    resolution with respect to the same energy action), and debate
    thereon shall be limited to not more than one hour, to be
    divided equally between those favoring and those opposing the
    resolution. An amendment to the motion shall not be in order,
    and it shall not be in order to move to reconsider the vote by
    which the motion was agreed to or disagreed to.
        (C) If the motion to discharge is agreed to or disagreed
    to, the motion may not be renewed, nor may another motion to
    discharge the committee be made with respect to any other
    resolution with respect to the same energy action.
        (5)(A) When the committee has reported, or has been
    discharged from further consideration of, a resolution, it
    shall be at any time thereafter in order (even though a
    previous motion to the same effect has been disagreed to) to
    move to proceed to the consideration of the resolution. The
    motion shall be highly privileged and shall not be debatable.
    An amendment to the motion shall not be in order, and it shall
    not be in order to move to reconsider the vote by which the
    motion was agreed to or disagreed to.
        (B) Debate on the resolution referred to in subparagraph
    (A) of this paragraph shall be limited to not more than 10
    hours, which shall be divided equally between those favoring
    and those opposing such resolution. A motion further to limit
    debate shall not be debatable. An amendment to, or motion to
    recommit, the resolution shall not be in order, and it shall
    not be in order to move to reconsider the vote by which such
    resolution was agreed to or disagreed to; except that it shall
    be in order--
              (i) to offer an amendment in the nature of a
            substitute consisting of the text of a resolution
            described in paragraph (2)(A) of this subsection with
            respect to an energy action, for a resolution described
            in paragraph (2)(B) of this subsection with respect to
            the same action; or
              (ii) to offer an amendment in the nature of a
            substitute, consisting of the text of a resolution
            described in paragraph (2)(B) of this subsection with
            respect to an energy action, for a resolution described
            in paragraph (2)(A) of this subsection with respect to
            the same such action.
    The amendments described in clauses (i) and (ii) of this
    subparagraph shall not be amendable.
        (6)(A) Motions to postpone, made with respect to the
    discharge from committee, or the consideration of a resolution
    and motions to proceed to the consideration of other business,
    shall be decided without debate.
        (B) Appeals from the decision of the Chair relating to the
    application of the rules of the Senate or the House of
    Representatives, as the case may be, to the procedure relating
    to a resolution shall be decided without debate.
        (7) Notwithstanding any of the provisions of this
    subsection, if a House has approved a resolution with respect
    to an energy action, then it shall not be in order to consider
    in that House any other resolution with respect to the same
    such action.

        expedited procedure for congressional consideration of certain
                                  authorities

        Sec. 552.\51\ (a) Any contingency plan transmitted to the
    Congress pursuant to section 201(a)(1) shall bear an
    identification number and shall be transmitted to both Houses
    of Congress on the same day and to each House while it is in
    session.
    ---------------------------------------------------------------------------
        \51\ 42 U.S.C. 6422.
    ---------------------------------------------------------------------------
        (b)(1) \52\ No such energy conservation \52\ contingency
    plan may be considered approved for purposes of section 201(b)
    of this Act unless between the date of transmittal and the end
    of the first period of 60 calendar days of continuous session
    of Congress after the date on which such action is transmitted
    to such House, each House of Congress passes a resolution
    described in subsection (d)(2)(A).
    ---------------------------------------------------------------------------
        \52\ Sec. 103(b)(2)(A) of Public Law 96-102 (93 Stat. 753) added
    the para. designation ``(1)'', inserted ``energy conservation'', and
    added para. (2).
    ---------------------------------------------------------------------------
        (2) \52\ (A) Subject to subparagraph (B), any such
    rationing contingency plan shall be considered approved for
    purposes of section 201(d) only if such plan is not disapproved
    by a resolution described in subsection (d)(2)(B)(i) which
    passes each House of the Congress during the 30-calendar-day
    period of continuous session after the plan is transmitted to
    such Houses and which thereafter becomes law.
        (B) A rationing contingency plan may be considered approved
    prior to the expiration of the 30-calendar-day period after
    such plan is transmitted if a resolution described in
    subsection (d)(2)(B)(ii) is passed by each House of the
    Congress and thereafter becomes law.
        (c) For the purpose of subsection (b) of this section--
              (1) continuity of session is broken only by an
            adjournment of Congress sine die; and
              (2) the days on which either House is not in session
            because of an adjournment of more than 3 days to a day
            certain are excluded in the computation of the
            calendar-day period involved.\53\
    ---------------------------------------------------------------------------
        \53\ Sec. 103(b)(2)(B) of Public Law 96-102 (93 Stat. 753) struck
    out ``60-calendar-day period'' and inserted in lieu thereof ``calendar-
    day period involved''.
    ---------------------------------------------------------------------------
        (d)(1) This subsection is enacted by Congress--
              (A) as an exercise of the rulemaking power of the
            Senate and the House of Representatives, respectively,
            and as such it is deemed a part of the rules of each
            House, respectively, but applicable only with respect
            to the procedure to be followed in that House in the
            case of resolutions described by paragraph (2) of this
            section; and it supersedes other rules only to the
            extent that it is inconsistent therewith; and
              (B) with full recognition of the constitutional right
            of either House to change the rules (so far as relating
            to the procedure of that House) at any time, in the
            same manner and to the same extent as in the case of
            any other rule of the House.
        (2)(A) \54\ For purposes of applying this section with
    respect to any energy conservation contingency plan,\54\ the
    term ``resolution'' means only a resolution of either House of
    Congress the matter after the resolving clauses of which is as
    follows: ``That the ____ approves the energy conservation,\55\
    contingency plan numbered ____ submitted to the Congress on
    ____, 19__.'', the first blank space therein being filled with
    the name of the resolving House and the other blank spaces
    being appropriately filled; but does not include a resolution
    which specifies more than one energy conservation \55\
    contingency plan.
    ---------------------------------------------------------------------------
        \54\ Sec. 103(b)(2)(C) of Public Law 96-102 (93 Stat. 753) added
    the subpara. designation ``(A)'', amended the words to this point in
    subpara. (A), and added subpara. (B).
        \55\ Sec. 105(a)(4) of Public Law 96-102 (93 Stat. 756) inserted
    ``energy conservation''.
    ---------------------------------------------------------------------------
        (B) \54\ For purposes of applying this subsection with
    respect to any rationing contingency plan (other than pursuant
    to section 201(d)(2)(B), the term ``resolution'' means only a
    joint resolution described in clause (i) or (ii) of this
    subparagraph with respect to such plan.
              (i) A joint resolution of either House of the
            Congress (I) which is entitled: ``Joint resolution
            relating to a rationing contingency plan.'', (II) which
            does not contain a preamble, and (III) the matter after
            the resolving clause of which is: ``That the Congress
            of the United States disapproves the rationing
            contingency plan transmitted to the Congress
            , 19    .'', the blank spaces therein appropriately
            filled.
              (ii) A joint resolution of either House of the
            Congress (I) which is entitled: ``Joint resolution
            relating to a rationing contingency plan.'', (II) which
            does not contain a preamble, and (III) the matter after
            the resolving clause of which is: ``That the Congress
            of the United States does not object to the rationing
            contingency plan transmitted to the Congress
            , 19    .'', the blank spaces therein appropriately
            filled.
        (3) A resolution once introduced with respect to a
    contingency plan shall immediately be referred to a committee
    (and all resolutions with respect to the same contingency plan
    shall be referred to the same committee) by the President of
    the Senate or the Speaker of the House of Representatives, as
    the case may be.
        (4)(A) If the committee to which a resolution with respect
    to a contingency plan has been referred has not reported it at
    the end of 20 calendar days after its referral in the case of
    any energy conservation contingency plan or at the end of 10
    calendar days after its referral in the case of any rationing
    contingency plan,\56\ it shall be in order to move either to
    discharge the committee from further consideration of such
    resolution or to discharge the committee from further
    consideration of any other resolution with respect to such
    contingency plan which has been referred to the committee.
    ---------------------------------------------------------------------------
        \56\ Sec. 103(b)(2)(D) of Public Law 96-102 (93 Stat. 754) inserted
    the words to this point beginning with ``in the case of any energy * *
    *''.
    ---------------------------------------------------------------------------
        (B) A motion to discharge may be made only by an individual
    favoring the resolution, shall be highly privileged (except
    that it may not be made after the committee has reported a
    resolution with respect to the same contingency plan), and
    debate thereon shall be limited to not more than 1 hour, to be
    divided equally between those favoring and those opposing the
    resolution. Except to the extent provided in paragraph (7)(A),
    an amendment \57\ to the motion shall not be in order, and it
    shall not be in order to move to reconsider the vote by which
    the motion was agreed to or disagreed to.
    ---------------------------------------------------------------------------
        \57\ Sec. 103(b)(2)(E) of Public Law 96-102 (93 Stat. 754) struck
    out ``An amendment'' and inserted in lieu thereof ``Except to the
    extent provided in paragraph (7)(A), an amendment''.
    ---------------------------------------------------------------------------
        (C) If the motion to discharge is agreed to or disagreed
    to, the motion may not be renewed, nor may another motion to
    discharge the committee be made with respect to any other
    resolution with respect to the same contingency plan.
        (5)(A) When the committee has reported, or has been
    discharged from further consideration of, a resolution, it
    shall be at any time thereunder in order (even though a
    previous motion to the same effect has been disagreed to) to
    move to proceed to the consideration of the resolution. The
    motion shall be highly privileged and shall not be debatable.
    An amendment to the motion \58\ shall not be in order, and it
    shall not be in order to move to reconsider the vote by which
    the motion was agreed to or disagreed to.
    ---------------------------------------------------------------------------
        \58\ Sec. 5(a)(16) of the Energy Conservation Reauthorization Act
    of 1998 (Public Law 105-388; 112 Stat. 3479) struck out ``notion'' and
    inserted in lieu thereof ``motion''.
    ---------------------------------------------------------------------------
        (B) Debate on the resolution referred to in subparagraph
    (A) of this paragraph shall be limited to not more than 10
    hours, which shall be divided equally between those favoring
    and those opposing such resolution. A motion further to limit
    debate shall not be debatable. Except to the extent provided in
    paragraph (7)(B),\59\ an amendment to, or motion to recommit
    the resolution shall not be in order, and it shall not be in
    order to move to reconsider the vote by which such resolution
    was agreed to or disagreed to.
    ---------------------------------------------------------------------------
        \59\ Sec. 103(b)(2)(E) and (F) of Public Law 96-102 (93 Stat. 754)
    inserted ``Except to the extent provided in paragraph (7)(B),''.
    ---------------------------------------------------------------------------
        (6)(A) Motions to postpone, made with respect to the
    discharge from committee, or the consideration of a resolution
    and motions to proceed to the consideration of other business,
    shall be decided without debate.
        (B) Appeals from the decision of the Chair relating to the
    application of the rules of the Senate or the House of
    Representatives, as the case may be, to the procedures relating
    to a resolution shall be decided without debate.
        (7) \60\ With respect to any rationing contingency plan--
    ---------------------------------------------------------------------------
        \60\ Sec. 103(b)(2)(G) of Public Law 96-102 (93 Stat. 754) added
    para. (7).
    ---------------------------------------------------------------------------
              (A) In the consideration of any motion to discharge
            any committee from further consideration of any
            resolution on any such plan, it shall be in order after
            debate allowed for under paragraph (4)(B) to offer an
            amendment in the nature of a substitute for such
            motion--
                      (i) consisting of a motion to discharge such
                    committee from further consideration of a
                    resolution described in paragraph (2)(B)(i)
                    with respect to any rationing contingency plan,
                    if the discharge motion sought to be amended
                    relates to a resolution described in paragraph
                    (2)(B)(ii) with respect to the same such plan,
                    or
                      (ii) consisting of a motion to discharge such
                    committee from further consideration of a
                    resolution described in paragraph (2)(B)(ii)
                    with respect to any rationing contingency plan,
                    if the discharge motion sought to be amended
                    relates to a resolution described in paragraph
                    (2)(B)(i) with respect to the same such plan.
            An amendment described in this subparagraph shall not
            be amendable. Debate on such an amendment shall be
            limited to not more than 1 hour, which shall be divided
            equally between those favoring and those opposing the
            amendment.
              (B) In the consideration of any resolution on any
            such plan which has been reported by a committee, it
            shall be in order at any time during the debate allowed
            for under paragraph (5)(B) to offer an amendment in the
            nature of a substitute for such resolution--
                      (i) consisting of the text of a resolution
                    described in paragraph (2)(B)(i) with respect
                    to any rationing contingency plan, if the
                    resolution sought to be amended is a resolution
                    described in paragraph (2)(B)(ii) with respect
                    to the same such plan, or
                      (ii) consisting of the text of a resolution
                    described in paragraph (2)(B)(ii) with respect
                    to any rationing contingency plan, if the
                    resolution sought to be amended is a resolution
                    described in paragraph (2)(B)(i) with respect
                    to the same such plan.
            An amendment described in this subparagraph shall not
            be amendable.
              (C) If one House receives from the other House a
            resolution with respect to a rationing contingency
            plan, then the following procedure applies:
                      (i) the resolution of the other House with
                    respect to such plan shall not be referred to a
                    committee;
                      (ii) in the case of a resolution of the first
                    House with respect to such plan--
                              (I) the procedure with respect to
                            that or other resolutions of such House
                            with respect to such plan shall be the
                            same as if no resolution from the other
                            House with respect to such plan had
                            been received; but
                              (II) on any vote on final passage of
                            a resolution of the first House with
                            respect to such plan a resolution from
                            the other House with respect to such
                            plan which has the same effect shall be
                            automatically substituted for the
                            resolution of the first House.
              (D) Notwithstanding any of the preceding provisions
            of this subsection, if a House has approved a
            resolution with respect to a rationing contingency
            plan, then it shall not be in order to consider in that
            House any other resolution under this section with
            respect to the approval of such plan.
               5. Alaska National Interests Land Conservation Act

     Partial text of Public Law 96-487 [H.R. 39], 94 Stat. 2371, approved
     December 2, 1980; as amended by Public Law 101-380 [Oil Pollution Act
          of 1990, H.R. 1465], 104 Stat. 484, approved August 18, 1990

       AN ACT To provide for the designation and conservation of certain
    public lands in the State of Alaska, including the designation of units
       of the National Park, National Wildlife Refuge, National Forest,
     National Wild and Scenic Rivers, and National Wilderness Preservation
                        Systems, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
        Section 1.\1\ This Act may be cited as the ``Alaska
    National Interest Lands Conservation Act.''
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 3101 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    TITLE X--FEDERAL NORTH SLOPE LANDS STUDIES, OIL AND GAS LEASING PROGRAM
                            AND MINERAL ASSESSMENTS

              * * * * * * *

    wildlife resources portion of study and impact of potential oil spills
                            in the arctic ocean \2\

        Sec. 1005. (a) \2\ The Secretary \3\ shall work closely
    with the State of Alaska and Native Village and Regional
    Corporations in evaluating the impact of oil and gas
    exploration, development, production, and transportation, and
    other human activities on the wildlife resources of these
    lands, including impacts on the Arctic and Porcupine caribou
    herds, polar bear, muskox, grizzly bear, wolf, wolverine,
    seabirds, shore birds, and migratory waterfowl. In addition,
    the Secretary shall consult with the appropriate agencies of
    the Government of Canada in evaluating such impacts
    particularly with respect to the Porcupine caribou herd.
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 3145. Sec. 8302 of Public Law 101-380 (104 Stat. 572)
    restated the catchline, inserted subsec. designation ``(a)'', and added
    subsecs. (b) through (d).
        \3\ Secretary of the Interior.
    ---------------------------------------------------------------------------
        (b) \2\ (1) The Congress finds that--
              (A) Canada had discovered commercial quantities of
            oil and gas in the Amalagak regions of the Northwest
            territory;
              (B) Canada is exploring alternatives for transporting
            the oil from the Amalagak field to markets in Asia and
            the Far East;
              (C) one of the options the Canadian Government is
            exploring involves transshipment of oil from the
            Amalagak field across the Beaufort Sea to tankers which
            would transport the oil overseas;
              (D) the tankers would traverse the American Exclusive
            Economic Zone through the Beaufort Sea into the
            Chuckchi Sea and then through the Bering Straits;
              (E) the Beaufort and Chuckchi Seas are vital to
            Alaska's Native people, providing them with subsistence
            in the form of walrus, seals, fish, and whales;
              (F) the Secretary of the Interior has conducted Outer
            Continental Shelf lease sales in the Beaufort and
            Chuckchi Seas and oil and gas exploration is ongoing;
              (G) an oil spill in the Arctic Ocean, if not properly
            contained and cleaned up, could have significant
            impacts on the indigenous people of Alaska's North
            Slope and on the Arctic environment; and
              (H) there are no international contingency plans
            involving our two governments concerning containment
            and cleanup of an oil spill in the Arctic Ocean.
        (2)(A) The Secretary of the Interior, in consultation with
    the Governor of Alaska, shall conduct a study of the issues of
    recovery of damages, contingency plans, and coordinated actions
    in the event of an oil spill in the Arctic Ocean.
        (B) The Secretary shall, no later than January 31, 1991,
    transmit a report to the Congress on the findings and
    conclusions reached as the result of the study carried out
    under this subsection.
        (c) \2\ The Congress calls upon the Secretary of State, in
    consultation with the Secretary of the Interior, the Secretary
    of Transportation, and the Governor of Alaska, to begin
    negotiations with the Foreign Minister of Canada regarding a
    treaty dealing with the complex issues of recovery of damages,
    contingency plans, and coordinated actions in the event of an
    oil spill in the Arctic Ocean.
        (d) \2\ The Secretary of State shall report to the Congress
    on the Secretary's efforts pursuant to this section no later
    than June 1, 1991.
              * * * * * * *
           6. Negotiations With Canada Concerning the Alaska Pipeline

       Partial text of Public Law 93-153 [S. 1081], 87 Stat. 576 at 588,
                           approved November 16, 1973

     AN ACT To amend section 28 of the Mineral Leasing Act of 1920, and to
         authorize a trans-Alaska oil pipeline, and for other purposes.

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

                      TITLE III--NEGOTIATIONS WITH CANADA

        Sec. 301.\1\ The President of the United States is
    authorized and requested to enter into negotiations with the
    Government of Canada to determine--
    ---------------------------------------------------------------------------
        \1\ 43 U.S.C. 1651 note.
    ---------------------------------------------------------------------------
              (a) the willingness of the Government of Canada to
            permit the construction of pipelines or other
            transportation systems across Canadian territory for
            the transport of natural gas and oil from Alaska's
            North Slope to markets in the United States, including
            the use of tankers by way of the Northwest Passage;
              (b) the need for intergovernmental understandings,
            agreements, or treaties to protect the interests of the
            Governments of Canada and the United States and any
            party or parties involved with the construction,
            operation, and maintenance of pipelines or other
            transportation systems for the transport of such
            natural gas or oil;
              (c) the terms and conditions under which pipelines or
            other transportation systems could be constructed
            across Canadian territory;
              (d) the desirability of undertaking joint studies and
            investigations designed to insure protection of the
            environment, reduce legal and regulatory uncertainty,
            and insure that the respective energy requirements of
            the people of Canada and of the United States are
            adequately met;
              (e) the quantity of such oil and natural gas from the
            North Slope of Alaska for which the Government of
            Canada would guarantee transit; and
              (f) the feasibility, consistent with the needs of
            other sections of the United States, of acquiring
            additional energy from other sources that would make
            unnecessary the shipment of oil from the Alaska
            pipeline by tanker into the Puget Sound area.
        The President shall report to the House and Senate
    Committees on Interior and Insular Affairs the actions taken,
    the progress achieved, the areas of disagreement, and the
    matters about which more information is needed, together with
    his recommendations for further action.
              * * * * * * *
                      7. Environment and Natural Resources

           a. Environment and Natural Resources in Foreign Assistance

             (1) The Foreign Assistance Act of 1961, as amended \1\

      Partial text of Public Law 87-195 [S. 1983], 75 Stat. 424, approved
                         September 4, 1961, as amended

    AN ACT To promote the foreign policy, security, and general welfare of
      the United States by assisting people of the world in their efforts
    toward economic development and internal and external security, and for
                                other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as ``The Foreign Assistance Act of 1961''.
    ---------------------------------------------------------------------------
        \1\ For complete text of the Foreign Assistance Act of 1961, as
    amended, see Legislation on Foreign Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

                                     PART I

            Chapter 1--Policy; Development Assistance Authorizations

              * * * * * * *
        Sec. 117.\2\ Environment and Natural Resources.--(a) The
    Congress finds that if current trends in the degradation of
    natural resources in developing countries continue, they will
    severely undermine the best efforts to meet basic human needs,
    to achieve sustained economic growth, and to prevent
    international tension and conflict. The Congress also finds
    that the world faces enormous, urgent, and complex problems,
    with respect to natural resources, which require new forms of
    cooperation between the United States and developing countries
    to prevent such problems from becoming unmanageable. It is,
    therefore, in the economic and security interests of the United
    States to provide leadership both in thoroughly reassessing
    policies relating to natural resources and the environment, and
    in cooperating extensively with developing countries in order
    to achieve environmentally sound development.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2151p. Sec. 113 of Public Law 95-88 (91 Stat. 537)
    added sec. 117, originally as sec. 118. Subsequently, sec. 110 of
    Public Law 95-424 (92 Stat. 948), sec. 122 of Public Law 96-53 (93
    Stat. 948), and sec. 307 of the International Security and Development
    Cooperation Act of 1981 (Public Law 97-113; 95 Stat. 1533) amended sec.
    118. Sec. 301(1) of Public Law 99-529 (100 Stat. 3014) redesignated
    sec. 118 as sec. 117, resulting in the creation of two secs. 117. Sec.
    301(2) of Public Law 99-529 further deleted sec. 117(d) which dealt
    with tropical forests. Sec. 301(3) of Public Law 99-529 further added a
    new sec. 118 entitled ``Tropical Forests''.
        Prior to the amendments made by Public Law 99-529, sec. 118 read as
    follows:
        ``Sec. 118. Environment and Natural Resources.--(a) The President
    is authorized to furnish assistance under this part for developing and
    strengthening the capacity of less developed countries to protect and
    manage their environment and natural resources. Special efforts shall
    be made to maintain and where possible restore the land, vegetation,
    water, wildlife and other resources upon which depend economic growth
    and human well-being especially that of the poor.
        ``(b) In carrying out programs under this chapter, the President
    shall take into consideration the environmental consequence of
    development actions.''.
    ---------------------------------------------------------------------------
        (b) In order to address the serious problems described in
    subsection (a), the President is authorized to furnish
    assistance under this part for developing and strengthening the
    capacity of developing countries to protect and manage their
    environment and natural resources. Special efforts shall be
    made to maintain and where possible to restore the land,
    vegetation, water, wildlife, and other resources upon which
    depend economic growth and human well-being, especially of the
    poor.
        (c)(1) The President, in implementing programs and projects
    under this chapter and chapter 10 of this part,\3\ shall take
    fully into account the impact of such programs and projects
    upon the environment and natural resources of developing
    countries. Subject to such procedures as the President
    considers appropriate, the President shall require all agencies
    and officials responsible for programs or projects under this
    chapter--
    ---------------------------------------------------------------------------
        \3\ Sec. 562 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1991 (Public Law 101-513; 104
    Stat. 2026), added a new chapter 10 to part I of this Act, providing
    for long-term development in sub-Saharan Africa, and made a conforming
    amendment by inserting ``and chapter 10 of this part''.
    ---------------------------------------------------------------------------
              (A) to prepare and take fully into account an
            environmental impact statement for any program or
            project under this chapter significantly affecting the
            environment of the global commons outside the
            jurisdiction of any country, the environment of the
            United States, or other aspects of the environment
            which the President may specify; and
              (B) to prepare and take fully into account an
            environmental assessment of any proposed program or
            project under this chapter significantly affecting the
            environment of any foreign country.
    Such agencies and officials should, where appropriate, use
    local technical resources in preparing environmental impact
    statements and environmental assessments pursuant to this
    subsection.
        (2) The President may establish exceptions from the
    requirements of this subsection for emergency conditions and
    for cases in which compliance with those requirements would be
    seriously detrimental to the foreign policy interests of the
    United States.
        Sec. 118.\4\ Tropical Forests.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 2151p-1. Sec. 301(3) of Public Law 99-529 (100 Stat.
    3014) added sec. 118. See also footnote 2.
    ---------------------------------------------------------------------------
        (a) Importance of Forests and Tree Cover.--In enacting
    section 103(b)(3) of this Act the Congress recognized the
    importance of forests and tree cover to the developing
    countries. The Congress is particularly concerned about the
    continuing and accelerating alteration, destruction, and loss
    of tropical forests in developing countries, which pose a
    serious threat to development and the environment. Tropical
    forest destruction and loss--
              (1) result in shortages of wood, especially wood for
            fuel; loss of biologically productive wetlands;
            siltation of lakes, reservoirs, and irrigation systems;
            floods; destruction of indigenous peoples; extinction
            of plant and animal species; reduced capacity for food
            production; and loss of genetic resources; and
              (2) can result in desertification and destabilization
            of the earth's climate.
    Properly managed tropical forests provide a sustained flow of
    resources essential to the economic growth of developing
    countries, as well as genetic resources of value to developed
    and developing countries alike.
        (b) Priorities.--The concerns expressed in subsection (a)
    and the recommendations of the United States Interagency Task
    Force on Tropical Forests shall be given high priority by the
    President--
              (1) in formulating and carrying out programs and
            policies with respect to developing countries,
            including those relating to bilateral and multilateral
            assistance and those relating to private sector
            activities; and
              (2) in seeking opportunities to coordinate public and
            private development and investment activities which
            affect forests in developing countries.
        (c) Assistance to Developing Countries.--In providing
    assistance to developing countries, the President shall do the
    following:
              (1) Place a high priority on conservation and
            sustainable management of tropical forests.
              (2) To the fullest extent feasible, engage in
            dialogues and exchanges of information with recipient
            countries--
                      (A) which stress the importance of conserving
                    and sustainably managing forest resources for
                    the long-term economic benefit of those
                    countries, as well as the irreversible losses
                    associated with forest destruction, and
                      (B) which identify and focus on policies of
                    those countries which directly or indirectly
                    contribute to deforestation.
              (3) To the fullest extent feasible, support projects
            and activities--
                      (A) which offer employment and income
                    alternatives to those who otherwise would cause
                    destruction and loss of forests, and
                      (B) which help developing countries identify
                    and implement alternatives to colonizing
                    forested areas.
              (4) To the fullest extent feasible, support training
            programs, educational efforts, and the establishment or
            strengthening of institutions which increase the
            capacity of developing countries to formulate forest
            policies, engage in relevant land-use planning, and
            otherwise improve the management of their forests.
              (5) To the fullest extent feasible, help end
            destructive slash-and-burn agriculture by supporting
            stable and productive farming practices in areas
            already cleared or degraded and on lands which
            inevitably will be settled, with special emphasis on
            demonstrating the feasibility of agroforestry and other
            techniques which use technologies and methods suited to
            the local environment and traditional agricultural
            techniques and feature close consultation with and
            involvement of local people.
              (6) To the fullest extent feasible, help conserve
            forests which have not yet been degraded, by helping to
            increase production on lands already cleared or
            degraded through support of reforestation, fuelwood,
            and other sustainable forestry projects and practices,
            making sure that local people are involved at all
            stages of project design and implementation.
              (7) To the fullest extent feasible, support projects
            and other activities to conserve forested watersheds
            and rehabilitate those which have been deforested,
            making sure that local people are involved at all
            stages of project design and implementation.
              (8) To the fullest extent feasible, support training,
            research, and other actions which lead to sustainable
            and more environmentally sound practices for timber
            harvesting, removal, and processing, including
            reforestation, soil conservation, and other activities
            to rehabilitate degraded forest lands.
              (9) To the fullest extent feasible, support research
            to expand knowledge of tropical forests and identify
            alternatives which will prevent forest destruction,
            loss, or degradation, including research in
            agroforestry, sustainable management of natural
            forests, small-scale farms and gardens, small-scale
            animal husbandry, wider application of adopted
            traditional practices, and suitable crops and crop
            combinations.
              (10) To the fullest extent feasible, conserve
            biological diversity in forest areas by--
                      (A) supporting and cooperating with United
                    States Government agencies, other donors (both
                    bilateral and multilateral), and other
                    appropriate governmental, intergovernmental,
                    and nongovernmental organizations in efforts to
                    identify, establish, and maintain a
                    representative network of protected tropical
                    forest ecosystems on a worldwide basis;
                      (B) whenever appropriate, making the
                    establishment of protected areas a condition of
                    support for activities involving forest
                    clearance of degradation; and
                      (C) helping developing countries identify
                    tropical forest ecosystems and species in need
                    of protection and establish and maintain
                    appropriate protected areas.
              (11) To the fullest extent feasible, engage in
            efforts to increase the awareness of United States
            Government agencies and other donors, both bilateral
            and multilateral, of the immediate and long-term value
            of tropical forests.
              (12) To the fullest extent feasible, utilize the
            resources and abilities of all relevant United States
            Government agencies.
              (13) Require that any program or project under this
            chapter significantly affecting tropical forests
            (including projects involving the planting of exotic
            plant species)--
                      (A) be based upon careful analysis of the
                    alternatives available to achieve the best
                    sustainable use of the land, and
                      (B) take full account of the environmental
                    impacts of the proposed activities on
                    biological diversity,
            as provided for in the environmental procedures of the
            Agency for International Development.
              (14) Deny assistance under this chapter for--
                      (A) the procurement or use of logging
                    equipment, unless an environmental assessment
                    indicates that all timber harvesting operations
                    involved will be conducted in an
                    environmentally sound manner which minimizes
                    forest destruction and that the proposed
                    activity will produce positive economic
                    benefits and sustainable forest management
                    systems; and
                      (B) actions which significantly degrade
                    national parks or similar protected areas which
                    contain tropical forests or introduce exotic
                    plants or animals into such areas.
              (15) Deny assistance under this chapter for the
            following activities unless an environmental assessment
            indicates that the proposed activity will contribute
            significantly and directly to improving the livelihood
            of the rural poor and will be conducted in an
            environmentally sound manner which supports sustainable
            development:
                      (A) Activities which would result in the
                    conversion of forest lands to the rearing of
                    livestock.
                      (B) The construction, upgrading, or
                    maintenance of roads (including temporary haul
                    roads for logging or other extractive
                    industries) which pass through relatively
                    undegraded forest lands.
                      (C) The colonization of forest lands.
                      (D) The construction of dams or other water
                    control structures which flood relatively
                    undegraded forest lands.
        (d) PVOs and Other Nongovernmental Organizations.--Whenever
    feasible, the President shall accomplish the objectives of this
    section through projects managed by private and voluntary
    organizations or international, regional, or national
    nongovernmental organizations which are active in the region or
    country where the project is located.
        (e) Country Analysis Requirements.--Each country
    development strategy statement or other country plan prepared
    by the Agency for International Development shall include an
    analysis of--
              (1) the actions necessary in that country to achieve
            conservation and sustainable management of tropical
            forests, and
              (2) the extent to which the actions proposed for
            support by the Agency meet the needs thus identified.
        (f) Annual Report.--Each annual report required by section
    634(a) of this Act shall include a report on the implementation
    of this section.
        Sec. 119.\5\ Renewable and Unconventional Energy
    Technologies. * * * [Repealed--1980]
    ---------------------------------------------------------------------------
        \5\ Sec. 304(g) of the International Security and Development
    Cooperation Act of 1980 (Public Law 96-533; 94 Stat. 3147) repealed
    sec. 119, as added by Public Law 95-88 (91 Stat. 528), and amended by
    sec. 111 of the International Development and Food Assistance Act of
    1978 (92 Stat. 948), and by sec. 107 of the International Development
    Cooperation Act of 1979 (93 Stat. 362). See also sec. 106 of this Act
    for text concerning energy technologies, Legislation on Foreign
    Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
        Sec. 119.\6\ Endangered Species.--(a) \7\ The Congress
    finds the survival of many animal and plant species is
    endangered by overhunting, by the presence of toxic chemicals
    in water, air and soil, and by the destruction of habitats. The
    Congress further finds that the extinction of animal and plant
    species is an irreparable loss with potentially serious
    environmental and economic consequences for developing and
    developed countries alike. Accordingly, the preservation of
    animal and plant species through the regulation of the hunting
    and trade in endangered species, through limitations on the
    pollution of natural ecosystems, and through the protection of
    wildlife habitats should be an important objective of the
    United States development assistance.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 2151q.
        \7\ Sec. 702 of the International Environment Protection Act of
    1983 (title VII of the Department of State Authorization Act, Fiscal
    Years 1984 and 1985, Public Law 98-164; 97 Stat. 1045) added paras. (a)
    and (b).
    ---------------------------------------------------------------------------
        (b) \7\ In order to preserve biological diversity, the
    President is authorized to furnish assistance under this part,
    notwithstanding section 660,\8\ to assist countries in
    protecting and maintaining wildlife habitats and in developing
    sound wildlife management and plant conservation programs.
    Special efforts should be made to establish and maintain
    wildlife sanctuaries, reserves, and parks; to enact and enforce
    anti-poaching measures; and to identify, study, and catalog
    animal and plant species, especially in tropical environments.
    ---------------------------------------------------------------------------
        \8\ Sec. 533(d)(4)(A) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 1990 (Public Law 101-167; 103
    Stat. 1227) inserted ``notwithstanding section 660''.
    ---------------------------------------------------------------------------
        (c) \9\ Funding Level.--For fiscal year 1987, not less than
    $2,500,000 of the funds available to carry out this part
    (excluding funds made available to carry out section 104(c)(2),
    relating to the Child Survival Fund) shall be allocated for
    assistance pursuant to subsection (b) for activities which were
    not funded prior to fiscal year 1987. In addition, the Agency
    for International Development shall, to the fullest extent
    possible, continue and increase assistance pursuant to
    subsection (b) for activities for which assistance was provided
    in fiscal years prior to fiscal year 1987.
    ---------------------------------------------------------------------------
        \9\ Sec. 302 of Public Law 99-529 (100 Stat. 3017) added paras. (c)
    through (h).
    ---------------------------------------------------------------------------
        (d) \9\ Country Analysis Requirements.--Each country
    development strategy statement or other country plan prepared
    by the Agency for International Development shall include an
    analysis of--
              (1) the actions necessary in that country to conserve
            biological diversity, and
              (2) the extent to which the actions proposed for
            support by the Agency meet the needs thus identified.
        (e) \9\ Local Involvement.--To the fullest extent possible,
    projects supported under this section shall include close
    consultation with and involvement of local people at all stages
    of design and implementation.
        (f) \9\ PVOs and Other Nongovernmental Organizations.--
    Whenever feasible, the objectives of this section shall be
    accomplished through projects managed by appropriate private
    and voluntary organizations, or international, regional, or
    national nongovernmental organizations, which are active in the
    region or country where the project is located.
        (g) \9\ Actions by AID.--The Administrator of the Agency
    for International Development shall--
              (1) cooperate with appropriate international
            organizations, both governmental and nongovernmental;
              (2) look to the World Conservation Strategy as an
            overall guide for actions to conserve biological
            diversity;
              (3) engage in dialogues and exchanges of information
            with recipient countries which stress the importance of
            conserving biological diversity for the long-term
            economic benefit of those countries and which identify
            and focus on policies of those countries which directly
            or indirectly contribute to loss of biological
            diversity;
              (4) support training and education efforts which
            improve the capacity of recipient countries to prevent
            loss of biological diversity;
              (5) whenever possible, enter into long-term
            agreements in which the recipient country agrees to
            protect ecosystems or other wildlife habitats
            recommended for protection by relevant governmental or
            nongovernmental organizations or as a result of
            activities undertaken pursuant to paragraph (6), and
            the United States agrees to provide, subject to
            obtaining the necessary appropriations, additional
            assistance necessary for the establishment and
            maintenance of such protected areas;
              (6) support, as necessary and in cooperation with the
            appropriate governmental and nongovernmental
            organizations, efforts to identify and survey
            ecosystems in recipient countries worthy of protection;
              (7) cooperate with and support the relevant efforts
            of other agencies of the United States Government,
            including the United States Fish and Wildlife Service,
            the National Park Service, the Forest Service, and the
            Peace Corps;
              (8) review the Agency's environmental regulations and
            revise them as necessary to ensure that ongoing and
            proposed actions by the Agency do not inadvertently
            endanger wildlife species or their critical habitats,
            harm protected areas, or have other adverse impacts on
            biological diversity (and shall report to the Congress
            within a year after the date of enactment of this
            paragraph on the actions taken pursuant to this
            paragraph);
              (9) ensure that environmental profiles sponsored by
            the Agency include information needed for conservation
            of biological diversity; and
              (10) deny any direct or indirect assistance under
            this chapter for actions which significantly degrade
            national parks or similar protected areas or introduce
            exotic plants or animals into such areas.
        (h) \9\ Annual Reports.--Each annual report required by
    section 634(a) of this Act shall include, in a separate volume,
    a report on the implementation of this section.
              * * * * * * *

                   Chapter 7--Debt-For-Nature Exchanges \10\

        Sec. 461.\11\ Definition.--For purpose of this chapter, the
    term ``debt-for-nature exchange'' means the cancellation or
    redemption of the foreign debt of the government of a country
    in exchange for--
    ---------------------------------------------------------------------------
        \10\ Sec. 604 of the International Development and Food Assistance
    Act of 1978 (Public Law 95-424; 92 Stat. 961) repealed ch. 7, as
    enacted in the Foreign Assistance Act of 1966 (Public Law 89-583) and
    titled: ``Joint Commissions on Rural Development''. Sec. 711 of the
    International Development and Finance Act of 1989 (Public Law 101-240;
    103 Stat. 2521) added this new ch. 7.
        \11\ 22 U.S.C. 2281. As enacted by the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all
    sections in ch. 7 are misnumbered, Should read ``Sec. 471''.
    ---------------------------------------------------------------------------
              (1) that government's making available local
            currencies (including through the issuance of bonds)
            which are used only for eligible projects involving the
            conservation or protection of the environment in that
            country (as described in section 463); \12\ or
    ---------------------------------------------------------------------------
        \12\ All sections in ch. 7 are misnumbered, as enacted by the
    International Development and Finance Act of 1989 (Public Law 101-240;
    103 Stat. 2521). Reference should read ``section 473''.
    ---------------------------------------------------------------------------
              (2) that government's financial resource or policy
            commitment to take certain specified actions to ensure
            the restoration, protection, or sustainable use of
            natural resources within that country; or
              (3) a combination of assets and actions under both
            paragraphs (1) and (2).
        Sec. 462.\13\ Assistance for Commercial Debt Exchanges.--
    (a) The Administrator of the Agency for International
    Development is authorized to furnish assistance, in the form of
    grants on such terms and conditions as may be necessary, to
    nongovernmental organizations for the purchase on the open
    market of discounted commercial debt of a foreign government of
    an eligible country which will be canceled or redeemed under
    the terms of an agreement with that government as part of a
    debt-for-nature exchange.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 2282. As enacted by the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all
    sections in ch. 7 are misnumbered, Should read ``Sec. 472''.
    ---------------------------------------------------------------------------
        (b) Notwithstanding any other provision of law, a grantee
    (or any subgrantee) of the grants referred to in subsection (a)
    may retain, without deposit in the Treasury of the United
    States and without further appropriation by Congress, interest
    earned on the proceeds of any resulting debt-for-nature
    exchange pending the disbursements of such proceeds and
    interest for approved program purposes, which may include the
    establishment of an endowment, the income of which is used for
    such purposes.
        Sec. 463.\14\ Eligible Projects.--(a) The Administrator of
    the Agency for International Development shall seek to ensure
    that debt-for-nature exchanges under this chapter support one
    or more of the following activities by either the host
    government, a local private conservation group, or a
    combination thereof:
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 2283. As enacted by the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all
    sections in ch. 7 are misnumbered, Should read ``Sec. 473''.
    ---------------------------------------------------------------------------
              (1) restoration, protection, or sustainable use of
            the world's oceans and atmosphere;
              (2) restoration, protection, or sustainable use of
            diverse animal and plant species;
              (3) establishment, restoration, protection, and
            maintenance of parks and reserves;
              (4) development and implementation of sound systems
            of natural resource management;
              (5) development and support of local conservation
            programs;
              (6) training programs to strengthen conservation
            institutions and increase scientific, technical, and
            managerial capabilities of individuals and
            organizations involved in conservation efforts;
              (7) efforts to generate knowledge, increase
            understanding, and enhance public commitment to
            conservation;
              (8) design and implementation of sound programs of
            land and ecosystem management; and
              (9) promotion of regenerative approaches in farming,
            forestry, fishing, and watershed management.
      (b)(1) In cooperation with nongovernmental organizations, the
    Administrator of the Agency for International Development shall
    seek to identify those areas, which because of an imminent
    threat, are in particular need of immediate attention to
    prevent the loss of unique biological life or valuable
    ecosystem.
      (2) The Administrator of the Agency for International
    Development shall encourage as many eligible countries as
    possible to propose such exchanges with the purpose of
    demonstrating to a large number of governments the feasibility
    and benefits of sustainable development.
      Sec. 464.\15\ Eligible Countries.--In order for a foreign
    country to be eligible to participate in a debt-for-nature
    exchange under this chapter, the Administrator of the Agency
    for International Development shall determine that--
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 2284. As enacted by the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all
    sections in ch. 7 are misnumbered, Should read ``Sec. 474''.
    ---------------------------------------------------------------------------
              (1) the host country is fully committed to the long-
            term viability of the program or project that is to be
            undertaken through the debt-for-nature exchange;
              (2) a long-term plan has been prepared by the host
            country, or private conservation group, which
            adequately provides for the long-term viability of the
            program or project that is to be undertaken through the
            debt-for-nature exchange or that such a plan will be
            prepared in a timely manner; and
              (3) there is a government agency or a local
            nongovernmental organization, or combination thereof,
            in the host country with the capability, commitment,
            and record of environmental concern to oversee the
            long-term viability of the program or project that is
            to be undertaken through the debt-for-nature exchange.
      Sec. 465.\16\ Terms and Conditions.--(a) The terms and
    conditions for making grants under this chapter shall be deemed
    to be fulfilled upon final approval by the Administrator of the
    Agency for International Development of the debt-for-nature
    exchange, a certification by the nongovernmental organization
    that the host government has accepted the terms of the
    exchange, and that an agreement has been reached to cancel the
    commercial debt in an agreed upon fashion.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 2285. As enacted by the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all
    sections in ch. 7 are misnumbered, Should read ``Sec. 475''.
    ---------------------------------------------------------------------------
      (b) Grants made under this section are intended to
    complement, and not substitute for, assistance otherwise
    available to a foreign country under this Act or any other
    provision of law.
      (c) The United States Government is prohibited from accepting
    title or interest in any land in a foreign country as a
    condition on the debt exchange.
      Sec. 466.\17\ Pilot Program for Sub-Saharan Africa.--(a) The
    Administrator of the Agency for International Development, in
    cooperation with nongovernmental conservation organizations,
    shall invite the government of each country in sub-Saharan
    Africa to submit a list of those areas of severely degraded
    national resources which threaten human survival and well-being
    and the opportunity for future economic growth or those areas
    of biological or ecological importance within the territory of
    that country.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 2286. As enacted by the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2521), all
    sections in ch. 7 are misnumbered, Should read ``Sec. 476''.
    ---------------------------------------------------------------------------
      (b) The Administrator of the Agency for International
    Development shall assess the list submitted by each country
    under subsection (a) and shall seek to reach agreement with the
    host country for the restoration and future sustainable use of
    those areas.
      (c)(1) The Administrator of the Agency for International
    Development is authorized to make grants, on such terms and
    conditions as may be necessary, to nongovernmental
    organizations for the purchase on the open market of discounted
    commercial debt of a foreign government of an eligible sub-
    Saharan country in exchange for commitments by that government
    to restore natural resources identified by the host country
    under subsection (a) or for commitments to develop plans for
    sustainable use of such resources.
      (2) Notwithstanding any other provision of law, a grantee (or
    any subgrantee) of the grants referred to in section (a) may
    retain, without deposit in the Treasury of the United States
    and without further appropriation by Congress, interest earned
    on the proceeds of any resulting debt-for-nature exchange
    pending the disbursements of such proceeds and interest for
    approved program purposes, which may include the establishment
    of an endowment, the income of which is used for such purposes.
              * * * * * * *

    Chapter 11--Support for the Economic and Democratic Development of the
                 Independent States of the Former Soviet Union

    SEC. 498.\18\ ASSISTANCE FOR THE INDEPENDENT STATES.

        The President is authorized to provide assistance to the
    independent states of the former Soviet Union under this
    chapter for the following activities: * * *
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 2295.
    ---------------------------------------------------------------------------
              (9) \19\ Energy efficiency and production.--Promoting
            market-based pricing policies and the transfer of
            technologies that reduce energy wastage and harmful
            emissions; supporting developmentally sound capital
            energy projects that utilize United States advanced
            coal technologies; and promoting efficient production,
            use, and transportation of oil, gas, coal, and other
            sources of energy.
    ---------------------------------------------------------------------------
        \19\ Sec. 4(a)(2) of Public Law 107-246 (116 Stat. 1514)
    redesignated para. (8) as para. (9), resulting in two para. (9).
    ---------------------------------------------------------------------------
              (9) Civilian nuclear reactor safety.--Implementing--
                      (A) a program of short-term safety upgrade of
                    civilian nuclear power plants, including the
                    training of power plant personnel,
                    implementation of improved procedures for
                    nuclear power plant operation, the development
                    of effective and independent regulatory
                    authorities, and cost-effective hardware
                    upgrades; and
                      (B) a program to retire those civilian
                    nuclear power plants whose capacity could be
                    more cost-effectively replaced through energy
                    efficiency.
              (10) Environment.--Enhancing the human and natural
            environment and conserving environmental resources,
            including through--
                      (A) facilitation of the adoption of
                    environmentally-sound policies and
                    technologies, environmental restoration, and
                    sustainable use of natural resources;
                      (B) promotion of the provision of
                    environmental technology, education, and
                    training by United States businesses, not-for-
                    profit organizations, and institutions of
                    higher education; and
                      (C) promotion of cooperative research efforts
                    to validate and improve environmental
                    monitoring of protracted radiation exposure.
              * * * * * * *

    SEC. 498A.\20\ CRITERIA FOR ASSISTANCE TO GOVERNMENTS OF THE
                        INDEPENDENT STATES.

        (a) \21\ In General.--In providing assistance under this
    chapter for the government of any independent state of the
    former Soviet Union, the President shall take into account not
    only relative need but also the extent to which that
    independent state is acting to--* * *
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 2295a.
        \21\ Sec. 2(c) of Executive Order 12884 of December 1, 1993 (58
    F.R. 64099), delegated to the Coordinator (as established in sec. 102
    of the FREEDOM Support Act; 22 U.S.C. 5812) those functions conferred
    upon the President in secs. 498A(a), 498B(c), and 498B(g).
    ---------------------------------------------------------------------------
              (7) take constructive actions to protect the
            international environment, prevent significant
            transborder pollution, and promote sustainable use of
            natural resources;
              * * * * * * *

                                    PART II

              * * * * * * *

                         Chapter 2--Military Assistance

              * * * * * * *
        Sec. 518. Natural Resources and Wildlife Management. * * *
    [Repealed--1996] \22\
    ---------------------------------------------------------------------------
        \22\ Sec. 104(b)(2)(B) of Public Law 104-164 (110 Stat. 1427)
    repealed sec. 518 which had been added by sec. 533(f) of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1991 (Public Law 101-513; 104 Stat. 2015). Sec. 518 had authorized the
    transfer of nonlethal excess defense articles and small arms to
    friendly countries, international organizations, and private and
    voluntary organizations for the purposes of sec. 119 of this Act.
    ---------------------------------------------------------------------------
              * * * * * * *
        (2) Foreign Operations, Export Financing, and Related Programs
                          Appropriations Act, 2004 \1\

      Partial text of Public Law 108-199 [Division D of the Consolidated
    Appropriations Act, 2005; H.R. 2673], 118 Stat. 3, approved January 23,
                                      2003

     AN ACT Making appropriations for Agriculture, Rural Development, Food
       and Drug Administration, and Related Agencies for the fiscal year
               ending September 30, 2004, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ For additional text of this Act, see Legislation on Foreign
    Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
              * * * * * * *

    DIVISION D--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED PROGRAMS
                              APPROPRIATIONS, 2004

              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                              environment programs

        Sec. 555. (a) Funding.--Of the funds appropriated under the
    heading ``Development Assistance'', not less than $155,000,000
    shall be made available for programs and activities which
    directly protect biodiversity, including forests, in developing
    countries, of which $1,500,000 should be made available to
    improve the capacity of indigenous groups and local
    environmental organizations and law enforcement agencies to
    protect the biodiversity of indigenous reserves in the Amazon
    Basin region of Brazil, which amount shall be in addition to
    the amount requested in this Act for assistance for Brazil for
    fiscal year 2004: Provided, That not later than 1 year after
    enactment of this Act, the Secretary of State, in coordination
    with the Administrator of the United States Agency for
    International Development and other appropriate departments and
    agencies, and after consultation with appropriate governments
    and nongovernmental organizations, shall submit to the
    Committees on Appropriations a strategy for biodiversity
    conservation in the Amazon Basin region of South America:
    Provided further, That of the funds appropriated under the
    headings ``Development Assistance'' and ``Andean Counterdrug
    Initiative'', funds shall be made available in fiscal year 2004
    to develop the strategy described in the previous proviso:
    Provided further, That of the funds appropriated by this Act,
    not less than $180,000,000 shall be made available to support
    policies and programs in developing countries that directly:
    (1) promote a wide range of energy conservation, energy
    efficiency and clean energy programs and activities, including
    the transfer of clean and environmentally sustainable energy
    technologies; (2) measure, monitor, and reduce greenhouse gas
    emissions; (3) increase carbon sequestration activities; and
    (4) enhance climate change mitigation and adaptation programs.
        (b) Climate Change Report.--Not later than 45 days after
    the date on which the President's fiscal year 2005 budget
    request is submitted to Congress, the President shall submit a
    report to the Committees on Appropriations describing in detail
    the following--
              (1) all Federal agency obligations and expenditures,
            domestic and international, for climate change programs
            and activities in fiscal year 2004, including an
            accounting of expenditures by agency with each agency
            identifying climate change activities and associated
            costs by line item as presented in the President's
            Budget Appendix; and
              (2) all fiscal year 2003 obligations and estimated
            expenditures, fiscal year 2004 estimated expenditures
            and estimated obligations, and fiscal year 2005
            requested funds by the United States Agency for
            International Development, by country and central
            program, for each of the following: (i) to promote the
            transfer and deployment of a wide range of United
            States clean energy and energy efficiency technologies;
            (ii) to assist in the measurement, monitoring,
            reporting, verification, and reduction of greenhouse
            gas emissions; (iii) to promote carbon capture and
            sequestration measures; (iv) to help meet such
            countries' responsibilities under the Framework
            Convention on Climate Change; and (v) to develop
            assessments of the vulnerability to impacts of climate
            change and mitigation and adaptation response
            strategies.
              * * * * * * *
        (3) Foreign Operations, Export Financing, and Related Programs
                          Appropriations Act, 1993 \1\

        Partial text of Public Law 102-391 [H.R. 5368], 106 Stat. 1633,
                            approved October 6, 1992

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1993, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for foreign operations,
    export financing, and related programs for the fiscal year
    ending September 30, 1993, and for other purposes, namely:
    ---------------------------------------------------------------------------
        \1\ For partial text of this Act, see Legislation on Foreign
    Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                                  environment

        Sec. 532.\2\ (a) It is the policy of the United States that
    sustainable economic growth must be predicated on the
    sustainable management of natural resources. The Secretary of
    the Treasury shall instruct the United States Executive
    Director of each multilateral development bank (MDB) to
    continue to promote vigorously the environmental and energy
    initiatives established in section 533(a) of the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1991 (Public Law 101-513).\3\ The Secretary
    of the Treasury, in cooperation with the Secretary of State,
    shall also undertake direct, bilateral discussions with
    appropriate officials of the governments of the member nations
    of the Organization for Economic Cooperation and Development
    with a goal of building greater international support for the
    environmental goals established in subsection (d) of this
    section. The Secretary of the Treasury shall submit a report to
    the Committees on Appropriations by March 1, 1993, which
    describes the progress of these bilateral discussions.
    ---------------------------------------------------------------------------
        \2\ Originally codified at 22 U.S.C. 262l. It was omitted from the
    U.S. Code when it was not repeated in subsequent appropriation acts.
    Similar language was first enacted as sec. 540 of the Foreign
    Assistance Appropriations Act, 1986.
        \3\ For text of sec. 533, see page 487.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury shall, not later than
    March 1, 1993, submit a report to the Congress containing the
    same information as requested in section 533(b) of Public Law
    101-513.
        (c)(1) In furtherance of the policies contained in section
    533(a) of Public Law 101-513 and section 1308 of the
    International Development and Finance Act of 1989 (Public Law
    101-240), and as a basis for measuring more effectively
    progress by the MDBs toward improved environmental performance,
    the Secretary of the Treasury shall instruct the United States
    Executive Directors of the MDBs to encourage each MDB, at a
    minimum, to meet the benchmarks established in paragraph (2) in
    the areas of sustainable energy development, forest
    conservation, forced displacement of populations, and
    environmental impact assessment. On March 1, 1993 and March 1,
    1994, the Secretary of the Treasury shall submit a report to
    the Congress describing in detail the progress being made by
    the MDBs in meeting these benchmarks.
        (2) For the purposes of paragraph (1), benchmarks are as
    follows:
              (A) In the area of sustainable energy development--
                      (i) all loans in the energy sector should be
                    based on, or support development of, ``least-
                    cost'' integrated resource plans. Such plans
                    shall include analyses of possible end-use
                    energy efficiency measures and nonconventional
                    renewable energy options, and such plans shall
                    reflect the quantifiable environmental costs of
                    proposed energy developments;
                      (ii) a substantial portion of loans and
                    grants in the energy, industry, and
                    transportation sectors shall be devoted to end-
                    use energy efficiency improvements and
                    nonconventional renewable energy development;
                    and
                      (iii) all organizational units within the
                    MDBs should create staff positions in a
                    management role in end-use efficiency and
                    renewable energy, which positions shall be
                    staffed by individuals with professional
                    experience in program design and management and
                    educational degrees in relevant technical
                    disciplines.
              (B) In the area of forest conservation--
                      (i) forestry loans should not support
                    commercial logging in relatively undisturbed
                    primary forests, nor should loans result in any
                    significant loss of tropical forests;
                      (ii) forestry loans should not be disbursed
                    until legal, economic, land tenure, and other
                    policy conditions needed to ensure
                    sustainability are in place;
                      (iii) loans should not support mineral,
                    petroleum, or other industrial development in,
                    or construction or upgrading of roads through,
                    relatively undisturbed primary forests unless
                    adequate safeguards and monitoring systems,
                    developed in consultation with local
                    populations, are already in place to prevent
                    degradation of the surrounding forests;
                      (iv) loans should be consistent with and
                    support the needs and rights of indigenous
                    peoples and other long-term forest inhabitants
                    and should not be made to countries which have
                    shown an unwillingness to resolve fairly the
                    territorial claims of such people; and
                      (v) support for protection of biological
                    diversity, in close consultation with local
                    communities, should be increased to account for
                    a larger proportion of MDB lending.
              (C) In the area of forced displacement of
            populations--
                      (i) the World Bank, Inter-American
                    Development Bank, and Asian Development Bank
                    should maintain a listing, available to the
                    Secretary of the Treasury, of all ongoing
                    projects involving forced displacement of
                    populations, including the number of people
                    displaced and a report on the status of the
                    implementation of their resettlement policy
                    guidelines for each such project, and obtain
                    agreements with borrowers to ensure that all
                    ongoing projects involving forced displacement
                    will be in full compliance with their
                    resettlement policy guidelines by mid-1993; and
                      (ii) the African Development Bank should
                    adopt and implement policy guidelines on forced
                    displacement similar to such guidelines of the
                    other MDBs.
              (D) In the area of procedures for environmental
            impact assessment (EIA)--
                      (i) each MDB should require that draft and
                    final EIA reports be made available to the
                    public in borrowing and donor countries and
                    that the public be offered timely opportunities
                    for comment on the EIA process, including
                    initial scoping sessions, review of EIA
                    categories assigned to individual projects, and
                    opportunities to comment on draft and final EIA
                    reports;
                      (ii) each MDB should apply EIA requirements
                    to all sector loans and develop and apply the
                    methodology for environmental assessment of
                    structural adjustment loans;
                      (iii) each MDB should require that the EIA
                    process include analyses of the potential
                    impacts of proposed projects on the global
                    environment; and
                      (iv) each MDB should require the head of the
                    appropriate environmental unit, rather than
                    project officers, determine the appropriate
                    type of environmental analysis required under
                    the bank's EIA procedures.
        (d) The Administrator of the Agency for International
    Development shall instruct all Agency missions and bureaus to
    continue to implement all elements of the ``Global Warming
    Initiative'' as defined in, and which may continue under, the
    authorities of sections 533(c) (1) through (4) of Public Law
    101-513. The Initiative shall continue to emphasize the need to
    reduce emissions of greenhouse gases through strategies
    consistent with continued economic development, such as forest
    conservation, end-use energy efficiency, least-cost energy
    planning, and renewable energy development. The Administrator
    shall direct Agency mission directors to incorporate these
    strategies in their country programs.
        (e) Of the funds appropriated by this Act under the
    headings in title II of this Act under ``Agency for
    International Development'', not less than $650,000,000 shall
    be made available for environment and energy activities,
    including funds earmarked under section 533 of this Act,
    including the following--
              (1) Not less than $20,000,000 of the aggregate of the
            funds appropriated to carry out the provisions of
            sections 103 through 106 and chapter 10 of part I of
            the Foreign Assistance Act of 1961 shall be made
            available for biological diversity activities, of which
            $5,000,000 shall be made available for the Parks in
            Peril project pursuant to the authority of section
            119(b) of that Act; $1,500,000 shall be for the
            National Science Foundation's international biological
            diversity program; $750,000 shall be for the
            Neotropical Bird Conservation Initiative of the
            National Fish and Wildlife Foundation; and up to
            $2,000,000 shall be for Project Noah;
              (2) Not less than $15,000,000 of the funds
            appropriated for the Development Assistance Fund and to
            carry out the provisions of chapter 10 of part I of the
            Foreign Assistance Act of 1961 shall be made available
            to support replicable renewable energy projects, and
            the Agency for International Development shall initiate
            at least five significant new activities in renewable
            energy during fiscal year 1993;
              (3) Not less than $7,000,000 of the funds
            appropriated for the Development Assistance Fund and to
            carry out the provisions of chapter 10 of part I of the
            Foreign Assistance Act of 1961 shall be made available
            for assistance in support of elephant conservation and
            preservation;
              (4) Not less than $25,000,000 of the funds
            appropriated for the Development Assistance Fund shall
            be made available for the Office of Energy of the
            Agency for International Development; and
              (5) Up to $50,000,000 of the funds appropriated to
            carry out the provisions of chapter 4 of part II of the
            Foreign Assistance Act of 1961 may be made available to
            carry out the ``Forests for the Future Initiative'' and
            to achieve a Global Forest Agreement.
        (f) Of the funds appropriated by this Act to carry out the
    provisions of part I and chapter 4 of part II of the Foreign
    Assistance Act of 1961, the Agency for International
    Development should, to the extent feasible and inclusive of
    funds earmarked under subsection (e) of this section, target
    assistance for the following activities:
              (1) $50,000,000 for projects associated with the
            Global Environment Facility;
              (2) a total of $10,000,000 for CORECT, the
            Environmental Technology Export Council, and the
            International Fund for Renewable Energy Efficiency; and
              (3) $55,000,000 for activities consistent with the
            Global Warming Initiative.
        (g) Funds appropriated by this Act or any subsequent Act
    for the Development Assistance Fund and the Development Fund
    for Africa may be used for expenses (including related support
    costs) relating to the environment and energy sectors, of
    individuals detailed to or employed by the Agency for
    International Development, particularly those involved with the
    ``Global Warning Initiative'' described in this subsection.
        (h) Of the funds appropriated by this Act to carry out the
    provisions of section 23 of the Arms Export Control Act, not
    less than $15,000,000 shall be made available to countries in
    Africa for programs which support conservation and biological
    diversity.
              * * * * * * *
        (4) Foreign Operations, Export Financing, and Related Programs
                            Appropriations Act, 1991

        Partial text of Public Law 101-513 [H.R. 5114], 104 Stat. 1979,
       approved November 5, 1990; as amended by Public Law 102-27 [Dire
      Emergency Supplemental Appropriations for Consequences of Operation
      Desert Shield/Desert Storm, Food Stamps, Unemployment Compensation
     Administration, Veterans Compensation and Pensions, and Other Urgent
     Needs Act of 1991; H.R. 1281], 105 Stat. 130, approved April 10, 1991

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1991, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for foreign operations,
    export financing, and related programs for the fiscal year
    ending September 30, 1991, and for other purposes, namely:
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                         environment and global warming

      Sec. 533.\1\ (a) It is the policy of the United States that
    sustainable economic growth must be predicated on the
    sustainable management of natural resources. The Secretary of
    the Treasury shall instruct the United States Executive
    Director of each multilateral development bank (MDB) to promote
    vigorously within each MDB the expansion of programs in areas
    which address the problems of global climate change through
    requirements to--
    ---------------------------------------------------------------------------
        \1\ Originally codified at 22 U.S.C. 262l. It was omitted from the
    U.S. Code when it was not repeated in subsequent appropriation acts.
    Similar language was first enacted as sec. 540 of the Foreign
    Assistance Appropriations Act, 1986.
    ---------------------------------------------------------------------------
              (1) expand programs in energy conservation, end use
            energy efficiency, and renewable energy and promotion
            by--
                      (A) continuing to augment and expand
                    professional staffs with expertise in these
                    areas;
                      (B) giving priority to these areas in the
                    ``least cost'' energy sector investment plans;
                      (C) encouraging and promoting these areas in
                    policy-based energy sector lending;
                      (D) developing loans for these purposes; and
                      (E) convening seminars for MDB staff and
                    board members on these areas and alternative
                    energy investment opportunities;
              (2) provide analysis for each proposed loan to
            support additional power generating capacity comparing
            demand reduction costs to proposal costs;
              (3) continue to assure that environmental impact
            assessments (EIA) of proposed energy projects are
            conducted early in the project cycle, include
            consideration of alternatives to the proposed project,
            and encourage public participation in the EIA process;
              (4) continue to include the environmental costs of
            proposed projects with significant environmental
            impacts in economic assessments; and
              (5) continue to provide technical assistance as a
            component of energy sector lending.
      (b) The Secretary of the Treasury shall, not later than March
    1, 1991, submit an annual report to the Congress which shall
    include--
              (1) a detailed description of how the natural
            resource management initiatives mandated by this
            section have been incorporated in the Administration's
            efforts to address Third World Debt (the Brady Plan);
              (2) a detailed description of progress made by each
            of the MDBs in adopting and implementing programs
            meeting the standards set out in subsection (a)
            including, in particular, efforts by the Department of
            the Treasury to assure implementation of this section,
            progress made by each MDB in subsection (a)(1)(B), and
            the amounts and proportion of lending in the energy
            sector for projects or programs in subsection (a)(1);
              (3) the progress the Inter-American Development Bank
            has made in implementing environmental reforms;
              (4) an updated analysis of each MDB's forestry sector
            loans, and a current analysis of each MDB's energy
            sector loans, and their impact on emissions of
            CO2 and the status of proposals for specific
            forestry and energy sector activities to reduce
            CO2 emissions; and
              (5) the progress the International Bank for
            Reconstruction and Development has made in implementing
            the recommendations set forth in the April 1, 1988,
            report on ``Debt-for-Nature Swaps'' by the World Bank.
      (c)(1) The Administrator of the Agency for International
    Development shall update and issue guidance to all Agency
    missions and bureaus detailing the elements of the ``Global
    Warming Initiative'',\2\ which will continue to emphasize the
    need to reduce emissions of greenhouse gases, especially
    CO2 and CFCs, through strategies consistent with
    continued economic development. This initiative shall continue
    to emphasize the need to accelerate sustainable development
    strategies in areas such as reforestation, biodiversity, end-
    use energy efficiency, least-cost energy planning, and
    renewable energy, and shall encourage mission directors to
    incorporate the elements of this initiative in developing their
    country programs.
    ---------------------------------------------------------------------------
        \2\ The Global Warming Initiative was enacted as sec. 534 of the
    Foreign Operations, Export Financing, and Related Programs
    Appropriations Act, 1990.
    ---------------------------------------------------------------------------
      (2) The Administrator shall pursue this initiative by, among
    other things--
              (A) increasing the number and expertise of personnel
            devoted to this initiative in all bureaus and missions;
              (B) devoting increased resources to technical
            training of mission directors;
              (C) accelerating the activities of the Multi-Agency
            Working Group on Power Sector Innovation;
              (D) focusing tropical forestry assistance programs on
            the key middle- and low-income developing countries
            (hereinafter ``key countries'') which are projected to
            contribute large amounts of greenhouse gases to the
            global environment;
              (E) assisting countries in developing a systematic
            analysis of the appropriate use of their total tropical
            forest resources, with the goal of developing a
            national program for sustainable forestry;
              (F) focusing energy assistance activities on the key
            countries, where assistance would have the greatest
            impact on reducing emissions from greenhouse gases; and
              (G) continuing to follow the directives with respect
            to key countries and countries that receive large
            Economic Support Fund assistance contained in section
            534(b)(3) of Public Law 101-167.
      (3) None of the funds appropriated in this Act shall be
    available for any program, project or activity which would--
              (A) result in any significant loss of tropical
            forests; or
              (B) involve commercial \3\ timber extraction in
            primary tropical forest areas unless an environmental
            assessment:
    ---------------------------------------------------------------------------
        \3\ Sec. 308 of Public Law 102-27 (105 Stat. 152) struck out
    ``industrial'' and inserted in lieu thereof ``commercial'' and inserted
    text to end of subpara. (B) beginning with ``unless an environmental
    assessment:''.
    ---------------------------------------------------------------------------
                      (i) identifies potential impacts on
                    biological diversity;
                      (ii) demonstrates that all timber extraction
                    will be conducted according to an
                    environmentally sound management system which
                    maintains the ecological functions of the
                    natural forest and minimizes impacts on
                    biological diversity; and
                      (iii) demonstrates that the activity will
                    contribute to reducing deforestation.
      (4) Funds appropriated to carry out the provisions of
    sections 103 and 106 of the Foreign Assistance Act of 1961, as
    amended, may be used by the Agency for International
    Development, notwithstanding any other provision of law, for
    the purpose of supporting tropical forestry and energy programs
    aimed at reducing emissions of greenhouse gases with regard to
    the key countries in which deforestation and energy policy
    would make a significant contribution to global warming, except
    that such assistance shall be subject to sections 116, 502B,
    and 620A of the Foreign Assistance Act of 1961.
      (5) Funds appropriated by this Act to carry out the
    provisions of sections 103 and 106 of the Foreign Assistance
    Act of 1961 may be used for expenses (including related support
    costs) relating to the environment and energy sectors, of
    employees or individuals detailed to or employed by the Agency
    for International Development, particularly those involved with
    the ``Global Warming Initiative'' described in this subsection.
      (d) Of the funds appropriated by this Act to carry out the
    provisions of part I of the Foreign Assistance Act of 1961, not
    less than $80,000,000 shall be made available for environment
    and energy activities, including funds earmarked under section
    534 of this Act, as follows--
              (1) not less than $15,000,000 of the aggregate of the
            funds appropriated to carry out the provisions of
            sections 103 through 106 and chapter 10 of part I of
            the Foreign Assistance Act of 1961 shall be made
            available for biological diversity activities, of
            which: $3,000,000 shall be made available for the Parks
            in Peril project pursuant to the authority of section
            119(b) of that Act, $500,000 shall be for neotropical
            migratory bird conservation in Latin America and the
            Caribbean, $100,000 shall be for the Charles Darwin
            Station, $750,000 shall be for Project Noah, and
            $1,500,000 shall be for the National Science
            Foundation's international biological diversity
            program;
              (2) not less than $30,000,000 of the funds
            appropriated to carry out the provisions of sections
            103 and 106 of the Foreign Assistance Act of 1961 shall
            be made available to support the ``Global Warming
            Initiative'' as described in this section;
              (3) not less than $5,000,000 of the funds
            appropriated to carry out the provisions of sections
            103, 106 and chapter 10 of part I of the Foreign
            Assistance Act of 1961 shall be made available for
            assistance in support of elephant conservation and
            preservation; and
              (4) not less than $20,000,000 of the funds
            appropriated to carry out the provisions of sections
            103 and 106 of the Foreign Assistance Act of 1961 shall
            be made available for the Office of Energy of the
            Agency for International Development.
      (e) Of the funds appropriated by this Act to carry out the
    provisions of section 23 of the Arms Export Control Act, not
    less than $15,000,000 shall be made available to countries in
    Africa for programs which support conservation and biological
    diversity.
      (f) * * *
      (g) Notwithstanding any other provision of law, none of the
    funds appropriated by this Act for programs of the Agency for
    International Development may be made available for any project
    or activity except in accordance with the requirements of
    section 117(c) of the Foreign Assistance Act of 1961 and the
    regulations issued pursuant thereto (22 CFR 216).
              * * * * * * *

                  TITLE VI--INTERNATIONAL FORESTRY COOPERATION

    SEC. 601. SHORT TITLE.

      This title may be cited as the ``International Forestry
    Cooperation Act of 1990''.

    SEC. 602. FORESTRY AND RELATED NATURAL RESOURCE ASSISTANCE.

      (a) Focus of Activities.--To achieve the maximum impact from
    activities undertaken under the authority of this title, the
    Secretary shall focus such activities on the key countries
    which could have a substantial impact on emissions of
    greenhouse gases related to global warming.
      (b) Authority for International Forestry Activities.--In
    support of forestry and related natural resource activities
    outside of the United States and its territories and
    possessions, the Secretary of Agriculture (hereinafter referred
    to in this title as the Secretary) may--
              (1) provide assistance that promotes sustainable
            development and global environmental stability,
            including assistance for--
                      (A) conservation and sustainable management
                    of forest land;
                      (B) forest plantation technology and tree
                    improvement;
                      (C) rehabilitation of cutover lands, eroded
                    watersheds, and areas damaged by wildfires or
                    other natural disasters;
                      (D) prevention and control of insects,
                    diseases, and other damaging agents;
                      (E) preparedness planning, training, and
                    operational assistance to combat natural
                    disasters;
                      (F) more complete utilization of forest
                    products leading to resource conservation;
                      (G) range protection and enhancement; and
                      (H) wildlife and fisheries habitat protection
                    and improvement;
              (2) share technical, managerial, extension, and
            administrative skills related to public and private
            natural resource administration;
              (3) provide education and training opportunities to
            promote the transfer and utilization of scientific
            information and technologies;
              (4) engage in scientific exchange and cooperative
            research with foreign governmental, educational,
            technical and research institutions; and
              (5) cooperate with domestic and international
            organizations that further international programs for
            the management and protection of forests, rangelands,
            wildlife and fisheries, and related natural resource
            activities.
      (c) Eligible Countries.--The Secretary shall undertake the
    activities described in subsection (b), in countries that
    receive assistance from the Agency for International
    Development only at the request, or with the concurrence, of
    the Administrator of the Agency for International Development.

    SEC. 603. TROPICAL DEFORESTATION ASSESSMENT AND ASSISTANCE.

      In support of the Tropical Forestry Action Plan and to
    specifically address tropical deforestation and degradation,
    the Secretary may--
              (1) support and actively participate in global and
            regional meetings that seek to reform such Plan;
              (2) together with the United States Agency for
            International Development, and other Federal agencies,
            provide technical assistance to tropical countries for
            the formulation of national forestry sector development
            strategies; and
              (3) cooperate with tropical countries on research,
            training, and technical programs aimed at implementing
            national forestry sector development strategies.

    SEC. 604. INSTITUTE OF TROPICAL FORESTRY.

      (a) Expansion.--The Secretary shall expand the capabilities
    of and construct additional facilities at the Caribbean
    National Forest and Institute of Tropical Forestry in Puerto
    Rico, as the Secretary determines necessary to support the
    purpose of this title, and as funds are appropriated for such
    expansion and construction.
      (b) Tropical Forestry Plans.--Not later than 1 year after the
    date of enactment of this Act, the Secretary shall prepare and
    submit to the Committee on Agriculture, Nutrition, and Forestry
    of the Senate, the Committee on Agriculture of the House of
    Representatives, and to the Committees on Appropriations of the
    Senate and House of Representatives, a tropical forestry plan
    for the expansion and construction of additional facilities
    under subsection (a). Such plan shall include provisions for--
              (1) the construction or acquisition of a major center
            for education, interpretation, and appreciation of the
            benefits and methods of the intelligent management of
            tropical forests;
              (2) the acquisition or construction of facilities for
            housing and classroom instruction near the Caribbean
            National Forest/Luguillo Experimental Forest; and
              (3) the acquisition or construction of facilities for
            the study and recovery of endangered tropical wildlife,
            fish and plant species.
              * * * * * * *

    SEC. 609.\4\, \5\ ADMINISTRATIVE PROVISIONS.
    ---------------------------------------------------------------------------

        \4\ 16 U.S.C. 4504.
        \5\ Sec. 2(a)(1) of the Hawaii Tropical Forest Recovery Act (Public
    Law 102-574; 106 Stat. 4593) redesignated secs. 605 through 607 as
    secs. 609 through 611, and added new secs. 605 through 607, relating to
    the Institute of Pacific Islands Forestry. See 16 U.S.C. 4503a et seq.
    ---------------------------------------------------------------------------
      (a) Coordination of Activities.--The Secretary shall
    coordinate all activities outside of the United States under
    this title with other Federal officials, departments, agencies,
    and international organizations, as the President may require.
      (b) Assistance.--The Secretary may provide assistance, as
    determined appropriate by the Secretary to carry out this
    title, including technical and financial assistance, equipment,
    and facilities without reimbursement.

    SEC. 610.\5\, \6\ AUTHORIZATION OF APPROPRIATIONS.

      There are authorized to be appropriated such sums as may be
    necessary to carry out this title.
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 4505.
    ---------------------------------------------------------------------------

    SEC. 611.\5\, \7\ CONFORMING AMENDMENTS. * * *
    ---------------------------------------------------------------------------
        \7\ Sec. 607 amended the Forest and Rangeland Renewable Resources
    Research Act of 1978 (16 U.S.C. 1641 et seq.), and the Cooperative
    Forestry Assistance Act of 1978 (16 U.S.C. et seq.).
        (5) Foreign Operations, Export Financing, and Related Programs
                            Appropriations Act, 1990

        Partial text of Public Law 101-167 [H.R. 3743], 103 Stat. 1195,
                           approved November 21, 1989

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1990, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for foreign operations,
    export financing, and related programs for the fiscal year
    ending September 30, 1990, and for other purposes, namely:
              * * * * * * *

                          TITLE V--GENERAL PROVISIONS

              * * * * * * *

                           global warming initiative

        Sec. 534. (a) Tropical Forestry Assistance.--(1) In order
    to achieve the maximum impact from activities relating to
    tropical forestry, the Agency for International Development
    shall focus tropical forestry assistance programs on the key
    middle- and low-income developing countries (hereinafter ``key
    countries'') which are projected to contribute large amounts of
    greenhouse gases related to global warming as a result of
    industrialization and the burning of fossil fuels, and
    destruction of tropical forests.
        (2) Funds appropriated to carry out the provisions of
    sections 103 and 106 of the Foreign Assistance Act of 1961, as
    amended, may be used by the Agency for International
    Development, notwithstanding any other provision of law, for
    the purpose of supporting tropical forestry programs aimed at
    reducing emissions of greenhouse gases with regard to the key
    countries in which deforestation makes a significant
    contribution to global warming, except that such assistance
    shall be subject to sections 116, 502B, and 620A of the Foreign
    Assistance Act of 1961.
        (3) In providing assistance relating to tropical forests,
    the Administrator of that Agency shall, to the extent feasible
    and appropriate, assist countries in developing a systematic
    analysis of the appropriate use of their total tropical forest
    resources, with the goal of developing a national program for
    sustainable forestry.
        (b) Energy Assistance.--(1) In order to achieve the maximum
    impact from activities relating to energy, the Agency for
    International Development shall focus energy assistance
    activities on the key countries, where assistance would have
    the greatest impact on reducing emissions from greenhouse
    gases. Such assistance shall be focused on improved energy
    efficiency, increased use of renewable energy resources and
    national energy plans (such as least-cost energy plans) which
    include investment in end-use efficiency and renewable energy
    resources.
        (2) Funds appropriated to carry out the provisions of
    sections 103 and 106 of the Foreign Assistance Act of 1961, as
    amended, may be used by the Agency for International
    Development, notwithstanding any other provision of law, for
    the purpose of supporting energy programs aimed at reducing
    emissions of greenhouse gases related to global warming with
    regard to the key countries, except that such assistance shall
    be subject to sections 116, 502B, and 620A of the Foreign
    Assistance Act of 1961.
        (3) It is the sense of the Congress that the Agency for
    International Development should increase its efforts in the
    fields of energy efficiency, renewable energy, and energy
    planning. Such increase should take place with respect to key
    countries and countries with large Economic Support Fund
    project assistance. Such efforts should include--
              (A) an increase in the number of Agency for
            International Development staff with energy expertise,
            including staff with expertise in renewable energy
            technologies and end-use efficiency;
              (B) assistance to develop analyses of energy-sector
            actions that could minimize emissions of greenhouse
            gases at least cost, while at the same time meeting
            basic economic and social development needs. Such
            assistance should include country-specific analyses
            which compare the economic and environmental costs of
            actions to promote energy efficiency and
            nonconventional renewable energy with the economic and
            environmental costs of investments to provide
            additional conventional energy supplies;
              (C) assistance to develop energy-sector plans that
            employ end-use analysis and other techniques to
            identify the most cost-effective actions to minimize
            increased reliance on fossil fuels, ensuring to the
            maximum extent feasible that nongovernmental
            organizations and academic institutions are involved in
            this planning;
              (D) insuring that AID energy assistance--including
            support for private-sector initiatives--is consistent
            with the analyses and plans described in subparagraphs
            (B) and (C) above, and that environmental impacts
            (including that on global warming) and alternatives
            have been fully analyzed;
              (E) assistance to improve efficiency in the
            production, transmission, distribution, and use of
            energy. Such assistance should focus on the development
            of institutions to (i) promote energy efficiency in all
            sectors of energy production and use, (ii) provide
            training and technical assistance to help energy
            producers and users identify cost-effective actions to
            improve energy efficiency, (iii) finance specific
            investments in energy efficiency in all sectors of
            energy production and use, and (iv) improve local
            capabilities in the research, development, and sale of
            energy efficient technologies;
              (F) assistance in exploiting nonconventional
            renewable energy resources, including wind, solar,
            small-hydro, geothermal, and advanced biomass systems.
            This assistance should also promote efficient use of
            traditional biomass fuels through improved fuelwood
            management and improved methods of charcoal production;
              (G) expanding efforts to meet the energy needs of the
            rural poor through the methods described in
            subparagraphs (E) and (F). Specifically these efforts
            should promote improved efficiency in the use of
            biomass fuels for household energy, improved systems of
            fuelwood management, and the development of the
            nonconventional renewable energy systems described in
            subparagraph (F);
              (H) encouraging host countries to sponsor meetings
            with officials from the United States utility sector
            who are leaders in energy efficiency and other United
            States experts to discuss the application of least-cost
            planning techniques;
              (I) developing a cadre of United States experts from
            industry, academia, nonprofit organizations, and
            government agencies capable of providing technical
            assistance to developing countries concerning energy
            policy and planning, energy efficiency and renewable
            energy resources;
              (J) in cooperation with the Department of Energy, the
            Environmental Protection Agency, the World Bank,\1\ and
            the Development Assistance Committee of the OECD,
            supporting research concerning the ways developing
            nations can meet their energy needs while minimizing
            global warming and how to meet those needs; and
    ---------------------------------------------------------------------------
        \1\ See other legislation on ``Environmental Policy and
    International Financial Institutions''.
    ---------------------------------------------------------------------------
              (K) strengthening the Agency for International
            Development's partnership with the Department of Energy
            in order to ensure that the Agency's energy efforts
            take full advantage of United States expertise and
            technology.
        (c) Reports and Authorities.--(1) The Agency for
    International Development, in consultation with the
    Environmental Protection Agency (EPA), the Department of State,
    and other appropriate agencies, shall submit to Congress no
    later than April 15, 1990, a report which (1) examines the
    potential contributions of developing countries to future
    global emissions of greenhouse gases under different economic
    growth scenarios, (2) estimates the relative contributions of
    those countries to global greenhouse gas emissions, and (3)
    identifies specific key countries which stand to contribute
    significantly to global greenhouse gas emissions, and in which
    actions to promote energy efficiency, reliance on renewable
    energy resources, and conservation of forest resources could
    significantly reduce emissions of greenhouse gases. This report
    should utilize existing data, including the models and
    methodologies already developed by the EPA for their report to
    Congress on policy options for stabilizing global climate.
        (2) Of the funds appropriated to carry out the provisions
    of sections 103 and 106 of the Foreign Assistance Act of 1961,
    as amended, the Agency for International Development may use
    such amounts as may be necessary to reimburse United States
    Government agencies, agencies of State governments, and
    institutions of higher learning for the full costs of employees
    detailed or assigned to the Agency for International
    Development for the purpose of carrying out activities relating
    to forestry and energy programs aimed at reducing emissions of
    greenhouse gases related to global warming. Personnel who are
    detailed or assigned for the purposes of this section shall not
    be included within any personnel ceiling applicable to any
    United States Government agency during the period of detail or
    assignment.
        (d) \1\, \2\ Export-Import Bank.--(1) Of the
    financing provided by the Export-Import Bank that is utilized
    for the support of exports for the energy sector, the Bank
    shall seek to provide not less than 5 per centum of such
    financing for renewable energy projects.
    ---------------------------------------------------------------------------
        \2\ 12 U.S.C. 635g note.
    ---------------------------------------------------------------------------
        (2) The Export-Import Bank shall take all appropriate steps
    to finance information exchanges and training whose purpose it
    is to help link United States producers in the renewable energy
    sector with assistance programs and potential foreign
    customers.
        (3) Beginning on April 15, 1990, the Chairman of the
    Export-Import Bank shall submit an annual report to the
    Committees on Appropriations on the Bank's implementation of
    this subsection.
              * * * * * * *
       (6) Freedom for Russia and Emerging Eurasian Democracies and Open
                        Markets Support Act of 1992 \1\

                              FREEDOM Support Act

    Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved
      October 24, 1992; as amended by Public Law 104-66 [Federal Reports
     Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved
                               December 21, 1995

    AN ACT To support freedom and open markets in the independent states of
                the former Soviet Union, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ For full text, see Legislation on Foreign Relations Through
    2005, vol. I-B.
    ---------------------------------------------------------------------------

    SECTION 1.\2\ SHORT TITLES.

        This Act may be cited as the ``Freedom for Russia and
    Emerging Eurasian Democracies and Open Markets Support Act of
    1992'' or the ``FREEDOM Support Act''.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5801 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 3.\3\ DEFINITION OF INDEPENDENT STATES.

        For purposes of this Act, the terms ``independent states of
    the former Soviet Union'' and ``independent states'' mean the
    following: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan,
    Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine,
    and Uzbekistan.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5801.
    ---------------------------------------------------------------------------
              * * * * * * *

                 TITLE III--BUSINESS AND COMMERCIAL DEVELOPMENT

    SEC. 301.\4\ AMERICAN BUSINESS CENTERS.

        (a) Establishment.--The President is authorized and
    encouraged to establish American Business Centers in the
    independent states of the former Soviet Union receiving
    assistance under chapter 11 of part I of the Foreign Assistance
    Act of 1961 where the President determines that such centers
    can be cost-effective in promoting the objectives described in
    section 498 of that Act and United States economic interests
    and in establishing commercial partnerships between the people
    of the United States and the peoples of the independent states.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5821.
    ---------------------------------------------------------------------------
        (b) Environmental Business Centers and Agribusiness
    Centers.--For purposes of this section, the term ``American
    Business Centers'' includes the following:
              (1) Environmental business centers in those
            independent states that offer promising market
            possibilities for the export of United States
            environmental goods and services. To the maximum extent
            practicable, these environmental business centers
            should be established as a component of other centers.
              (2) Agribusiness centers that include the
            participation of private United States agribusinesses
            or agricultural cooperatives, private nonprofit
            organizations, State universities and land grant
            colleges, and financial institutions, that make
            appropriate contributions of equipment, materials, and
            personnel for the operation of such centers. The
            purposes of these agribusiness centers shall be--
                      (A) to enhance the ability of farmers and
                    other agribusiness practitioners in the
                    independent states to better meet the needs of
                    the people of the independent states;
                      (B) to assist the transition from a command
                    and control system in agriculture to a free
                    market system; and
                      (C) to facilitate the demonstration and use
                    of United States agricultural equipment and
                    technology.
        (c) Additional Policy Guidance.--To the maximum extent
    possible, and consistent with the particular purposes of the
    specific types of centers, the President should direct that--
              (1) the American Business Centers established
            pursuant to this section place special emphasis on
            assistance to United States small- and medium-sized
            businesses to facilitate their entry into the
            commercial markets of the independent states;
              (2) such centers offer office space, business
            facilities, and market analysis services to United
            States firms, trade associations, and State economic
            development offices on a user-fee basis that minimizes
            the cost of operating such centers;
              (3) such centers serve as a repository for
            commercial, legal, and technical information, including
            environmental and export control information;
              (4) such centers identify existing or potential
            counterpart businesses or organizations that may
            require specific technical coordination or assistance;
              (5) such centers be established in several sites in
            the independent states; and
              (6) host countries be asked to make appropriate
            contributions of real estate and personnel for the
            establishment and operation of such centers.
        (d) Funding.--
              (1) Reimbursement agreement.--Not later than 90 days
            after the date of enactment of this Act, the
            Administrator of the Agency for International
            Development shall conclude a reimbursement agreement
            with the Secretary of Commerce for the Department of
            Commerce's services in establishing and operating
            American Business Centers pursuant to this section.
              (2) Authorization of appropriations.--Of the amount
            authorized to be appropriated to carry out chapter 11
            of part I of the Foreign Assistance Act of 1961, up to
            $12,000,000 for fiscal year 1993 are authorized to be
            appropriated to carry out this section, in addition to
            amounts otherwise available for such purpose.
              * * * * * * *

    SEC. 303.\5\ FUNDING FOR EXPORT PROMOTION ACTIVITIES AND CAPITAL
                        PROJECTS.

        (a) Allocation of A.I.D. Funds.--The President is
    encouraged to use a portion of the funds made available for the
    independent states of the former Soviet Union under chapter 11
    of part I of the Foreign Assistance Act of 1961--
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 5823.
    ---------------------------------------------------------------------------
              (1) to fund the export promotion, finance, and
            related activities carried out pursuant to subsection
            (b)(1), including activities relating to the export of
            intermediary goods; and
              (2) to fund capital projects, including projects for
            telecommunications, environmental cleanup, power
            production, and energy related projects.
        (b) Export Promotion, Finance, and Related Activities.--The
    Secretary of Commerce, as Chair of the Trade Promotion
    Coordination Committee, should, in conjunction with other
    members of that committee, design and implement programs to
    provide adequate commercial and technical assistance to United
    States businesses seeking markets in the independent states of
    the former Soviet Union, including the following:
              (1) Increasing the United States and Foreign
            Commercial Service presence in the independent states,
            in particular in the Russian Far Eastern cities of
            Vladivostok and Khabarovsk.
              (2) Preparing profiles of export opportunities for
            United States businesses in the independent states and
            providing other technical assistance.
              (3) Utilizing the Market Development Cooperator
            Program under section 2303 of the Export Enhancement
            Act of 1988 (15 U.S.C. 4723).
              (4) Developing programs specifically for the purpose
            of assisting small- and medium-sized businesses in
            entering commercial markets of the independent states.
            In carrying out this paragraph, the Secretary of
            Commerce, to the extent possible, should work directly
            with private sector organizations with proven
            experience in trade and economic relations with the
            independent states.
              (5) Supporting projects undertaken by the United
            States business community on the basis of partnership,
            joint venture, contractual, or other cooperative
            agreements with appropriate entities in the independent
            states.
              (6) Supporting export finance programs, feasibility
            studies, political risk insurance, and other related
            programs through increased funding and flexibility in
            the implementation of such programs.
              (7) Supporting the Business Information Service
            (BISNIS) and its related programs.

    SEC. 304.\6\ INTERAGENCY WORKING GROUP ON ENERGY OF THE TRADE PROMOTION
                        COORDINATING COMMITTEE.

        The Trade Promotion Coordinating Committee should utilize
    its interagency working group on energy to assist United States
    energy sector companies to develop a long-term strategy for
    penetrating the energy market in the independent states of the
    former Soviet Union. The working group should--
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 5824.
    ---------------------------------------------------------------------------
              (1) work with officials from the independent states
            in creating an environment conducive to United States
            energy investment;
              (2) help to coordinate assistance to United States
            companies involved with projects to clean up former
            Soviet nuclear weapons sites and commercial nuclear
            waste; and
              (3) work with representatives from United States
            business and industry involved with the energy sector
            to help facilitate the identification of business
            opportunities, including the promotion of oil, gas, and
            clean coal technology and products, energy efficiency,
            and the formation of joint ventures between United
            States companies and companies of the independent
            nations.

    SEC. 305.\7\ * * * [REPEALED--1995]

              * * * * * * *
    ---------------------------------------------------------------------------
        \7\ Formerly at 22 U.S.C. 5825; repealed by sec. 102(1) of Public
    Law 104-66 (109 Stat. 713). Sec. 305 had required the Secretary of
    Commerce to report annually to Congress on the implementation of this
    Act, on the programs of other industrialized nations establishing
    business in the former Soviet Union, and on related trade and pricing
    practices of other OECD nations.
         (7) Support for East European Democracy (SEED) Act of 1989 \1\

        Partial text of Public Law 101-179 [H.R. 3402], 103 Stat. 1298,
                           approved November 28, 1989

    AN ACT To promote political democracy and economic pluralism in Poland
      and Hungary by assisting those nations during a critical period of
      transition and abetting the development in those nations of private
    business sectors, labor market reforms, and democratic institutions; to
     establish, through these steps, the framework for a composite program
                 of support for East European Democracy (SEED).

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ For complete text, see Legislation on Foreign Relations Through
    2005, vol. I-B.
    ---------------------------------------------------------------------------

    SECTION 1.\2\ SHORT TITLE AND TABLE OF CONTENTS.

      (a) Short Title.--This Act may be cited as the ``Support for
    East European Democracy (SEED) Act of 1989''.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5401 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                       TITLE V--OTHER ASSISTANCE PROGRAMS

              * * * * * * *

    SEC. 502.\3\ ENVIRONMENTAL INITIATIVES FOR POLAND AND HUNGARY.

      (a) Priority for the Control of Pollution.--The Congress
    recognizes the severe pollution problems affecting Poland and
    Hungary and the serious health problems which ensue from such
    pollution. The Congress therefore directs that a high priority
    be given in the implementation of assistance to Poland and
    Hungary to the control of pollution and the restoration of the
    natural resource base on which a sustainable, healthy economy
    depends.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5452.
    ---------------------------------------------------------------------------
      (b) EPA Activities Generally.--In addition to specific
    authorities contained in any of the environmental statutes
    administered by the Environmental Protection Agency, the
    Administrator of that Agency (hereinafter in this section
    referred to as the ``Administrator'') is authorized to
    undertake such educational, policy training, research, and
    technical and financial assistance, monitoring, coordinating,
    and other activities as the Administrator may deem appropriate,
    either alone or in cooperation with other United States or
    foreign agencies, governments, or public or private
    institutions, in protecting the environment in Poland and
    Hungary.
      (c) EPA Activities in Poland.--The Administrator shall
    cooperate with Polish officials and experts to--
              (1) establish an air quality monitoring network in
            the Krakow metropolitan area as a part of Poland's
            national air monitoring network; and
              (2) improve both water quality and the availability
            of drinking water in the Krakow metropolitan area.
      (d) EPA Activities in Hungary.--The Administrator shall work
    with other United States and Hungarian officials and private
    parties to establish and support a regional center in Budapest
    for facilitating cooperative environmental activities between
    governmental experts and public and private organizations from
    the United States and Eastern and Western Europe.
      (e) Funding of EPA Activities.--To enable the Environmental
    Protection Agency to carry out subsections (b), (c), and (d),
    there are authorized to be appropriated $10,000,000 for the 3-
    year period beginning October 1, 1989, to carry out chapter 1
    of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151
    and following; relating to development assistance) or chapter 4
    of Part II of that Act (22 U.S.C. 2346 and following; relating
    to the economic support fund). These funds may be used to carry
    out those subsections notwithstanding any provision of law
    relating to the use of foreign assistance funds.
      (f) Department of Energy Activities Relating to Fossil
    Fuels.--
              (1) Clean coal.--The Secretary of Energy shall
            cooperate with Polish officials and experts to retrofit
            a coal-fired commercial powerplant in the Krakow,
            Poland, region with advanced clean coal technology that
            has been successfully demonstrated at a comparably
            scaled powerplant in the United States. Such retrofit
            shall be carried out by one or more United States
            companies using United States technology and equipment
            manufactured in the United States. The Secretary may
            vest title in any property acquired under this
            paragraph in an entity other than the United States.
              (2) Equipment assessment.--The Secretary of Energy
            shall cooperate with Polish officials and experts and
            companies within the United States to assess and
            develop the capability within Poland to manufacture or
            modify boilers, furnaces, smelters, or other equipment
            that will enable industrial facilities within Poland to
            use fossil fuels cleanly. The Secretary may vest title
            in any property acquired under this paragraph in an
            entity other than the United States.
              (3) Authorization of appropriations.--To carry out
            paragraphs (1) and (2) of this subsection, there are
            authorized to be appropriated $30,000,000 for the 3-
            year period beginning October 1, 1989. Not more than
            $10,000,000 of the funds appropriated under this
            paragraph may be used to carry out the requirements of
            paragraph (1).
      (g) Priority for Efficient Energy Use.--In view of the high
    energy usage per unit of output in Hungary and Poland, the
    Secretary of Energy shall give high priority to assisting
    officials of Poland and Hungary in improving the efficiency of
    their energy use, through emphasis on such measures as
    efficient motors, lights, gears, and appliances and
    improvements in building insulation and design.
      (h) Alternative Investments in Energy in Hungary.--It is the
    sense of the Congress that the Executive branch should work
    with the Government of Hungary to achieve environmentally safe
    alternative investments in energy efficiency, particularly with
    regard to projects along the Danube River.
              * * * * * * *

                         TITLE VII--REPORTS TO CONGRESS

              * * * * * * *

    SEC. 703.\4\ REPORT ON ENVIRONMENTAL PROBLEMS IN POLAND AND HUNGARY.

      The first report submitted pursuant to section 704 shall
    include the following:
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5473.
    ---------------------------------------------------------------------------
              (1) Assessment of problems.--An overall assessment of
            the environmental problems facing Poland and Hungary,
            including--
                      (A) a relative ranking of the severity of the
                    problems and their effects on both human health
                    and the general environment;
                      (B) a listing of the geographical areas of
                    each country that have suffered the heaviest
                    environmental damage, and a description of the
                    source and scope of the damage; and
                      (C) an assessment of the environmental
                    performance of leading industrial polluters in
                    those countries and the expected effect on
                    pollution levels of industrial modernization.
              (2) Priorities and costs for action.--An analysis of
            the priorities that Poland and Hungary should each
            assign in addressing its environmental problems, and an
            estimate of the capital and human resources required to
            undertake a comprehensive program of environmental
            protection in that country.
              (3) Role of united states and multilateral
            assistance.--A statement of strategy for United States
            assistance for the next 5 years to address
            environmental problems in Poland and Hungary,
            including--
                      (A) recommendations for appropriate levels
                    and forms of bilateral financial and technical
                    assistance;
                      (B) recommendations concerning United States
                    participation in cooperative multilateral
                    undertakings;
                      (C) an assessment of the feasibility of debt-
                    for-nature swaps as a technique of
                    environmental protection in each country; and
                      (D) recommendations for minimizing further
                    environmental damage to Krakow, and for the
                    protection and restoration of historic sites in
                    that city.
              * * * * * * *
             (8) Enterprise for the Americas Initiative Act of 1992

        Partial text of Public Law 102-532 [H.R. 4059], 106 Stat. 3509,
                           approved October 27, 1992

     AN ACT To amend the Agricultural Trade Development and Assistance Act
    of 1954 to authorize additional functions within the Enterprise for the
                  Americas Initiative, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Enterprise for the Americas
    Initiative Act of 1992''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 1691 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ GOOD NEIGHBOR ENVIRONMENTAL ACT OF 1992. * * *
    ---------------------------------------------------------------------------

        \2\ Sec. 2 added new secs. 616 through 619 to title VI of the
    Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.
    1738).
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 6.\3\ THE GOOD NEIGHBOR ENVIRONMENTAL BOARD.

        (a) Establishment.--The President shall establish an
    advisory board to be known as the Good Neighbor Environmental
    Board (hereinafter in this section referred to as the
    ``Board'').
    ---------------------------------------------------------------------------
        \3\ 7 U.S.C. 5404.
    ---------------------------------------------------------------------------
        (b) Purpose.--The purpose of the Board shall be to advise
    the President and the Congress on the need for implementation
    of environmental and infrastructure projects (including
    projects that affect agriculture, rural development, and human
    nutrition) within the States of the United States contiguous to
    Mexico in order to improve the quality of life of persons
    residing on the United States side of the border.
        (c) Membership.--The Board shall be composed of--
              (1) representatives from the United States
            Government, including a representative from the
            Department of Agriculture and representatives from
            other appropriate agencies;
              (2) representatives from the governments of the
            States of Arizona, California, New Mexico, and Texas;
            and
              (3) representatives from private organizations,
            including community development, academic, health,
            environmental, and other nongovernmental entities with
            experience and expertise on environmental and
            infrastructure problems along the southwest border.
        (d) Annual Reports to the President and Congress.--
              (1) In general.--The Board shall submit to the
            President and the Congress of the United States an
            annual report on--
                      (A) the environmental and infrastructure
                    projects referred to in subsection (a) that
                    have been implemented, and
                      (B) the need for the implementation of
                    additional environmental and infrastructure
                    projects.
              (2) Transmission of copies to board members.--The
            Board shall--
                      (A) transmit to each member of the Board a
                    copy of any report to be submitted pursuant to
                    paragraph (1) at least 14 days before its
                    submission, and
                      (B) allow each member of the Board to have 14
                    days within which to prepare and submit
                    supplemental views with respect to the
                    recommendations of the Board for inclusion in
                    such report.
               (9) Enterprise for the Americas Environmental Fund

     Partial text of Public Law 83-480 \1\ [Agricultural Trade Development
       and Assistance Act of 1954; S. 2475], 68 Stat. 454, 7 U.S.C. 1691-
                   1736d, approved July 10, 1954; as amended

       AN ACT To increase the consumption of United States agricultural
     commodities in foreign countries, to improve the foreign relations of
                   the United States, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Agricultural Trade Development and
    Assistance Act of 1954''.
              * * * * * * *

                TITLE VI--ENTERPRISE FOR THE AMERICAS INITIATIVE

    SEC. 601.\2\ ESTABLISHMENT OF THE FACILITY.

      There is established in the Department of the Treasury an
    entity to be known as the ``Enterprise for the Americas
    Facility'' (hereafter referred to in this title as the
    ``Facility'').
    ---------------------------------------------------------------------------
        \1\ For full text, see Legislation on Foreign Relations Through
    2005, vol. I-B. Sec. 1512 of subtitle A of title XV of Public Law 101-
    624 (104 Stat. 3658) added title VI.
        \2\ 7 U.S.C. 1738.
    ---------------------------------------------------------------------------

    SEC. 602.\3\ PURPOSE.

      The purpose of this title is to encourage and support
    improvement in the lives of the people of Latin America and the
    Caribbean through market-oriented reforms and economic growth
    with inter-related actions to promote debt reduction,
    investment reforms, and community-based conservation and
    sustainable use of the environment. The Facility will support
    such objectives through the administration of debt reduction
    operations relating to those countries that meet investment
    reform and other policy conditions provided for in this title.
    ---------------------------------------------------------------------------
        \3\ 7 U.S.C. 1738a.
    ---------------------------------------------------------------------------

    SEC. 603.\4\ ELIGIBILITY FOR BENEFITS UNDER THE FACILITY.

      (a) Requirements.--To be eligible for benefits from the
    Facility under this title, a country shall--
    ---------------------------------------------------------------------------
        \4\ 7 U.S.C. 1738b.
    ---------------------------------------------------------------------------
              (1) be a Latin American or Caribbean country;
              (2) have in effect or have received approval for, or,
            as appropriate in exceptional circumstances, be making
            significant progress towards the establishment of--
                      (A) an International Monetary Fund (hereafter
                    referred to in this title as the ``IMF'')
                    standby arrangement, extended IMF arrangement,
                    or an arrangement under the structural
                    adjustment facility or enhanced structural
                    adjustment facility, or in exceptional
                    circumstances, an IMF-monitored program or its
                    equivalent; and
                      (B) as appropriate, structural or sectoral
                    adjustment loans from the International Bank
                    for Reconstruction and Development (hereafter
                    referred to in this title as the ``World
                    Bank'') or the International Development
                    Association (hereafter referred to in this
                    title as the ``IDA'');
              (3) have placed into effect major investment reforms
            in conjunction with an Inter-American \5\ Development
            Bank (hereafter referred to as the ``IDB'') loan or
            otherwise be implementing, or making significant
            progress towards an open investment regime; and
    ---------------------------------------------------------------------------
        \5\ Sec. 302 of Public Law 102-237 (105 Stat. 1855) added the
    hyphen to ``Inter-American''.
    ---------------------------------------------------------------------------
              (4) if appropriate, have agreed with its commercial
            bank lenders on a satisfactory financing program,
            including, as appropriate, debt or debt service
            reduction.
      (b) Eligibility Determination.--The President shall determine
    whether a country is an eligible country for purposes of
    subsection (a).

    SEC. 604.\6\ REDUCTION OF CERTAIN DEBT.

      (a) Authority to Reduce Debt.--
    ---------------------------------------------------------------------------
        \6\ 7 U.S.C. 1738c. Title II, chapter VIII of Public Law 102-27
    (105 Stat. 147, 7 U.S.C. 1736e note) provided the following:
        ``Title I of Public Law 480 program allowed for the repayment of
    loans for the sale of agricultural commodities in foreign or local
    currencies until December 31, 1971. Since that time, until the law was
    changed in the 1985 farm bill, all sales have been on dollar credit
    terms. In view of the present financial situation, it is impossible for
    many countries to repay their loans in dollars. Therefore, the
    President may use the authority in section 411 and section 604 of the
    Agricultural Trade Development and Assistance Act of 1954 to
    renegotiate the payment on Public Law 480 debt in eligible countries in
    Latin America, the Caribbean and sub-Saharan Africa.''.
    ---------------------------------------------------------------------------
              (1) In general.--Notwithstanding any other provision
            of law, the President may reduce the amount owed to the
            United States or any agency of the United States, and
            outstanding as of January 1, 1990, as a result of any
            credits extended under title I to a country eligible
            for benefits from the Facility.
              (2) Availability \7\ of appropriations.--The
            authorities under this section may be exercised only to
            the extent provided for in advance in appropriation
            Acts.
    ---------------------------------------------------------------------------
        \7\ Sec. 303 of Public Law 102-237 (105 Stat. 1855) corrected the
    spelling of ``Availability''.
    ---------------------------------------------------------------------------
      (b) Limitation.--A debt reduction authorized under subsection
    (a) shall be accomplished, at the direction of the Facility,
    through the exchange of a new obligation under this title for
    obligations of the type referred to in subsection (a)
    outstanding as of January 1, 1990.
      (c) Exchange of Obligations.--The Facility shall notify the
    Commodity Credit Corporation of an agreement entered into under
    subsection (b) with an eligible country to exchange a new
    obligation for outstanding obligations. At the direction of the
    Facility, the old obligations that are the subject of the
    agreement may be canceled and a new debt obligation may be
    established for the country relating to the agreement. The
    Commodity Credit Corporation shall make an adjustment in its
    accounts to reflect a debt reduction under this section.

    SEC. 605.\8\ REPAYMENT OF PRINCIPAL.

      (a) Currency of Payment.--The principal amount owed under
    each new obligation issued under section 604 shall be repaid in
    United States dollars.
    ---------------------------------------------------------------------------
        \8\ 7 U.S.C. 1738d.
    ---------------------------------------------------------------------------
      (b) Deposit of Payments.--Principal repayments on new
    obligations issued under section 604 shall be deposited in
    Commodity Credit Corporation accounts.

    SEC. 606.\9\ INTEREST OF NEW OBLIGATIONS.

      (a) Rate of Interest.--New obligations issued to an eligible
    country under section 604 shall bear interest at a concessional
    rate.
    ---------------------------------------------------------------------------
        \9\ 7 U.S.C. 1738e.
    ---------------------------------------------------------------------------
      (b) Currency of Payment, Deposits.--
              (1) United states dollars.--An eligible country to
            which a new obligation has been issued under section
            604 that has not entered into an agreement under
            section 607, shall be required to pay interest on such
            obligation in United States dollars which shall be
            deposited in Commodity Credit Corporation accounts.
              (2) Local currency.--If an eligible country to which
            a new obligation has been issued under section 604 has
            entered into an agreement under section 607, interest
            under such obligation may be paid in the local currency
            of the eligible country and deposited into an
            Environmental Fund as provided for in section 608. Such
            interest shall be the property of the eligible country
            until such time as it is disbursed under section 608.
            Such local currencies shall be used for the purposes
            specified in the agreement entered into under section
            607.
      (c) Interest Previously Paid.--If an eligible country to
    which a new obligation has been issued under section 604 enters
    into an agreement under section 607 subsequent to the date on
    which interest first becomes due on such new obligation, any
    interest paid on such new obligation prior to such agreement
    being entered into shall not be redeposited into the Fund
    established for the eligible country under section 608(a) but
    shall be deposited into Commodity Credit Corporation
    accounts.\10\
    ---------------------------------------------------------------------------
        \10\ Sec. 304 of Public Law 102-237 (105 Stat. 1855) inserted
    ``accounts''.
    ---------------------------------------------------------------------------

    SEC. 607.\11\ ENVIRONMENTAL FRAMEWORK AGREEMENTS.

      (a) Authority.--The President is authorized to enter into an
    environmental framework agreement with each country eligible
    for benefits from the Facility concerning the operation and use
    of an Enterprise for the Americas Environmental Fund (hereafter
    referred to in this title as the ``Environmental Fund'') \12\
    established under section 608 for that country. The President
    shall consult with the Board established under section 610 when
    entering into such agreements.
    ---------------------------------------------------------------------------
        \11\ 7 U.S.C. 1738f.
        \12\ In a technical correction, sec. 305 of Public Law 102-237 (105
    Stat. 1855) moved the close quotation mark.
    ---------------------------------------------------------------------------
      (b) Requirements.--An environmental framework agreement
    entered into under this section shall--
              (1) require the eligible country to establish an
            Environmental Fund;
              (2) require the eligible country to make interest
            payments under section 608(a) into the Environmental
            Fund;
              (3) require the eligible country to make prompt
            disbursements from the Environmental Fund to the body
            described in subsection (c);
              (4) where appropriate, seek to maintain the value of
            the local currency resources deposited into the
            appropriate Environmental Fund in terms of United
            States dollars;
              (5) specify, in accordance with section 612, the
            purposes for which the Environmental Fund may be used;
            and
              (6) contain reasonable provisions for the enforcement
            of the terms of the agreement.
      (c) Administering Body.--Funds disbursed from the
    Environmental Fund in an eligible country shall be administered
    by a body constituted under the laws of the country. Such body
    shall--
              (1) be composed of--
                      (A) one or more representatives appointed by
                    the President;
                      (B) one or more representatives appointed by
                    the eligible country; and
                      (C) representatives from a broad range of
                    environmental and local community development
                    nongovernmental organizations of the host
                    country;
            the majority of which shall be local representatives
            from nongovernmental organizations, and scientific or
            academic bodies;
              (2) receive proposals for grant assistance from local
            organizations, and make grants to such organizations in
            accordance with the priorities agreed upon in the
            framework agreement and consistent with the overall
            purposes of section 612;
              (3) be responsible for the management of the program
            and oversight of grant activities funded from resources
            of the Environmental Fund;
              (4) be subject to fiscal audits by an independent
            auditor on an annual basis;
              (5) present an annual program for review by the Board
            established under section 610 each year;
              (6) present an annual report on the activities
            undertaken during the previous year to the Chairman of
            the Board established under section 610, and the
            government of the eligible country each year; and
              (7) have any grant over $100,000 be subject to veto
            by the United States and the government of the eligible
            country.

    SEC. 608.\13\ ENTERPRISE FOR THE AMERICAS ENVIRONMENTAL FUNDS.

      (a) Establishment.--An eligible country shall, under the
    terms of an environmental framework agreement entered into
    under section 607, establish an Environmental Fund to receive
    payments in local currency pursuant to section 607(b)(1).
    ---------------------------------------------------------------------------
        \13\ 7 U.S.C. 1738g.
    ---------------------------------------------------------------------------
      (b) Investment.--Amounts deposited into an Environmental Fund
    shall be invested until disbursed. Notwithstanding any other
    provision of law, any return on such investment may be retained
    by the Environmental Fund and need not be deposited to the
    account of the Commodity Credit Corporation and may be retained
    without further appropriation by Congress.

    SEC. 609.\14\ DISBURSEMENT OF ENVIRONMENTAL FUNDS.

      Funds in an Environmental Fund shall be disbursed only
    pursuant to a framework agreement entered into pursuant to
    section 607.
    ---------------------------------------------------------------------------
        \14\ 7 U.S.C. 1738h.
    ---------------------------------------------------------------------------

    SEC. 610.\15\ ENTERPRISE \16\ FOR THE AMERICAS BOARD.

      (a) Establishment.--There is established a board to be known
    as the ``Enterprise \16\ for the Americas Board'' (hereafter
    referred to in this title as the ``Board'').
    ---------------------------------------------------------------------------
        \15\ 7 U.S.C. 1738i.
        \16\ Sec. 603 of the Jobs Through Exports Act of 1992 (Public Law
    102-549; 106 Stat. 3669) struck out ``environment'' and inserted in
    lieu thereof ``enterprise'' in the catchline; and struck out
    ``Environment'' and inserted in lieu thereof ``Enterprise'' in the
    text.
    ---------------------------------------------------------------------------
      (b) Membership and Chairperson.--
              (1) Membership.--The Board shall be composed of--
                      (A) six \17\ representatives from the United
                    States Government, at least one of whom shall
                    be a representative of the Department of
                    Agriculture; \17\ and
    ---------------------------------------------------------------------------
        \17\ Sec. 339(1) of Public Law 102-237 (105 Stat. 1861) struck out
    ``five'' and inserted in lieu thereof ``six'', and inserted ``, at
    least one of whom shall be a representative of the Department of
    Agriculture''.
    ---------------------------------------------------------------------------
                      (B) five \18\ representatives from private
                    nongovernmental environmental, child survival
                    and child development,\19\ community
                    development, scientific, and academic
                    organizations with experience and expertise in
                    Latin America and the Caribbean, at least one
                    of whom shall be a representative from a child
                    survival and child development organization;
                    \20\
    ---------------------------------------------------------------------------
        \18\ Sec. 339(2) of Public Law 102-237 (105 Stat. 1861) struck out
    ``four'' and inserted in lieu thereof ``five''.
        \19\ Sec. 603(3)(A) of the Jobs Through Exports Act of 1992 (Public
    Law 102-549; 106 Stat. 3669) inserted ``child survival and child
    development,''.
        \20\ Sec. 603(3)(B) of the Jobs Through Exports Act of 1992 (Public
    Law 102-549; 106 Stat. 3669) inserted ``, at least one of whom shall be
    a representative from a child survival and child development
    organization''.
    ---------------------------------------------------------------------------
            to be appointed by the President.
              (2) Chairperson.--The Board shall be headed by a
            chairperson who shall be appointed by the President
            from among the representatives appointed under
            paragraph (1)(A).
      (c)  Responsibilities.--The Board shall--
              (1) advise the President on the negotiations for the
            environmental framework agreements described in
            subsections (a) and (b) of section 607;
              (2) ensure, in consultation with the government of
            the appropriate eligible country, with nongovernmental
            organizations of such eligible country, and if
            appropriate, of the region, and with environmental,
            scientific, and academic leaders of such eligible
            country and, as appropriate, of the region, that a
            suitable body referred to in section 607(c) is
            identified; and
              (3) review the programs, operations, and fiscal
            audits of the bodies referred to in section 607(c).

    SEC. 611.\21\ OVERSIGHT.

      The President may designate appropriate United States
    agencies to review the implementation of programs under this
    title and the fiscal audits relating to such programs. Such
    oversight shall not constitute active management of an
    Environmental Fund.
    ---------------------------------------------------------------------------
        \21\ 7 U.S.C. 1738j.
    ---------------------------------------------------------------------------

    SEC. 612.\22\ ELIGIBLE ACTIVITIES AND GRANTEES.

      (a) Eligible Entities.--Activities eligible to receive
    assistance through the framework agreements entered into under
    section 607, shall include--
    ---------------------------------------------------------------------------
        \22\ 7 U.S.C. 1738k.
    ---------------------------------------------------------------------------
              (1) activities of the type described in the Global
            Environmental Protection Assistance Act of 1989 (22
            U.S.C. 2281 et seq.); \23\
    ---------------------------------------------------------------------------
        \23\ Sec. 306 of Public Law 102-237 (105 Stat. 1856) corrected a
    typographical error here by striking ``462), and--'', and inserting in
    lieu thereof ``2281 et seq.);''.
    ---------------------------------------------------------------------------
              (2) agriculture-related activities, including those
            that provide for the biological prevention and control
            of animal and plant pests and diseases, to benefit the
            environment; and
              (3) local community initiatives that promote
            conservation and sustainable use of the environment.
      (b) Regulation.--All activities of the type referred to in
    subsection (a) shall, where appropriate, include initiatives
    that link conservation of natural resources with local
    community development.
      (c) Setting of Priorities.--Appropriate activities and
    priorities relating to the use of an Environmental Fund shall
    be set by local nongovernmental organizations within the
    appropriate eligible country.
      (d) Grants.--Grants may be made by the body referred to in
    section 607(c) from the Environmental Fund for environmental
    purposes to--
              (1) host country nongovernmental environmental,
            conservation, development, educational, and indigenous
            peoples organizations;
              (2) other appropriate local or regional entities; or
              (3) in exceptional circumstances, the government of
            the eligible country.
      (e) Priority.--In providing assistance from an Environmental
    Fund, the body established under section 607(c) within the
    eligible country shall give priority to projects that are run
    by nongovernmental organizations and other private entities,
    and that involve local communities in their planning and
    execution.

    SEC. 613.\24\ ENCOURAGING MULTILATERAL DEBT DONATIONS.

      (a) Encouraging Donations From Official Creditors.--The
    President should actively encourage other official creditors of
    an eligible country to provide debt reduction to such eligible
    country.
    ---------------------------------------------------------------------------
        \24\ 7 U.S.C. 1738l.
    ---------------------------------------------------------------------------
      (b) Encouraging Donations From Other Sources.--The President
    shall make every effort to insure that programs established
    through Environmental Funds are able to receive donations from
    private and public entities, and private creditors of the
    eligible country.

    SEC. 614.\25\ ANNUAL REPORT TO CONGRESS.

      (a) In General.--Not later \26\ than December 31 of each
    fiscal year, the President shall prepare and submit to the
    Speaker of the House of Representatives and the President Pro
    Tempore of the Senate an annual report concerning the operation
    of the Facility for the prior fiscal year. This report shall
    include-- \27\
    ---------------------------------------------------------------------------
        \25\ 7 U.S.C. 1738m.
        \26\ Sec. 330 of Public Law 102-237 (105 Stat. 1858) struck out
    ``Not later'' and inserted in lieu thereof ``(a) In General.--Not
    later'', and added subsec. (b).
        \27\ Sec. 3 of the Enterprise for the Americas Initiative Act of
    1992 (Public Law 102-532; 106 Stat. 3512) added from ``This report
    shall include--'' through para. (4) of subsec. (a).
    ---------------------------------------------------------------------------
              (1) a description of the activities undertaken by the
            Facility during the previous fiscal year;
              (2) a description of any Enviromental \28\ Framework
            Agreement entered into under this title;
    ---------------------------------------------------------------------------
        \28\ As enrolled. Should read ``Environmental''.
    ---------------------------------------------------------------------------
              (3) a report on what Environmental Funds have been
            established under this title and on the operations of
            such Funds; and
              (4) a description of any grants that have been
            extended by administering bodies pursuant to an
            Enviromental \28\ Framework Agreement under this title.
        (b) \26\ Supplemental Views in Annual Report.--No later
    than December 15 of each fiscal year, each member of the Board
    shall be entitled to receive a copy of the report required
    under subsection (a). Each member of the Board may prepare and
    submit supplemental views to the President on the
    implementation of this title by December 31 for inclusion in
    the annual report when it is transmitted to Congress pursuant
    to this section.

    SEC. 615.\29\ CONSULTATIONS WITH CONGRESS.

        The President shall consult with the appropriate
    congressional committees on a periodic basis to review the
    operation of the Facility under this title and the eligibility
    of countries for benefits from the Facility under this title.
    ---------------------------------------------------------------------------
        \29\ 7 U.S.C. 1738n. Sec. 331 of Public Law 102-237 (105 Stat.
    1858) added sec. 615.
    ---------------------------------------------------------------------------

    SEC. 616.\30\ SALE OF QUALIFIED DEBT TO ELIGIBLE COUNTRIES.

        (a) In General.--
    ---------------------------------------------------------------------------
        \30\ 7 U.S.C. 1738o. Sec. 2 of the Enterprise for the Americas
    Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509) added sec.
    616.
    ---------------------------------------------------------------------------
              (1) Authorization.--The President may sell to an
            eligible country up to 40 percent of such country's
            qualified debt, only if an amount of the local currency
            of such country (other than the price paid for the
            debt) equal to--
                      (A) not less than 40 percent of the price
                    paid for such debt by such eligible country, or
                      (B) the difference between the price paid for
                    such debt and the face value of such debt;
            whichever is less, is used by such country through an
            Environmental Fund for eligible activities described in
            section 612.
              (2) Environmental funds.--For purposes of this
            section, the term ``Environmental Fund'' means an
            Environmental Fund established under section 608. In
            the case of Mexico, such fund may be designated as the
            Good Neighbor Environmental Fund for the Border.
              (3) Establishment and operation of environmental
            funds.--The President should advise eligible countries
            on the procedures required to establish and operate the
            Environmental Funds required to be established under
            paragraph (1).
        (b) Terms and Conditions.--The President shall establish
    the terms and conditions, including the amount to be paid by
    the eligible country, under which such country's qualified debt
    may be sold under this section.
        (c) Appropriations Requirement.--The authorities provided
    by this section may be exercised only in such amounts and to
    such extent as is provided in advance in appropriations Acts.
        (d) Certain Prohibitions Inapplicable.--A sale of debt
    under this section shall not be considered assistance for
    purposes of any provision of law limiting assistance to a
    country.
        (e) Implementation by the Facility.--A sale of debt
    authorized under this section shall be accomplished at the
    direction of the Facility. The Facility shall direct the
    Commodity Credit Corporation to carry out such sale. The
    Commodity Credit Corporation shall make an adjustment in its
    accounts to reflect the sale.
        (f) Deposit of Proceeds.--The proceeds from a sale of
    qualified debt under this section shall be deposited in the
    account or accounts established by the Commodity Credit
    Corporation for the repayment of such debt by the eligible
    country.
        (g) Debtor Consultation.--Before any sale of qualified debt
    may occur under this section, the President should consult with
    the eligible country's government concerning such sale. The
    topics addressed in the consultation shall include the amount
    of qualified debt involved in the transaction and the uses to
    which funds made available as a result of the sale shall be
    applied.

    SEC. 617.\31\ SALE, REDUCTION, OR CANCELLATION OF QUALIFIED DEBT TO
                        FACILITATE CERTAIN DEBT SWAPS.

        (a) Authority to Sell, Reduce, or Cancel Qualified Debt.--
    For the purpose of facilitating eligible debt swaps, the
    President, in accordance with this section--
    ---------------------------------------------------------------------------
        \31\ 7 U.S.C. 1738p. Sec. 2 of the Enterprise for the Americas
    Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509) added sec.
    617.
    ---------------------------------------------------------------------------
              (1) may sell to an eligible purchaser (as determined
            pursuant to subsection (c)(1)) any qualified debt of an
            eligible country; or
              (2) may reduce or cancel eligible debt of an eligible
            country upon receipt of payment from an eligible payor
            (as determined under subsection (c)(2)).
        (b) Terms and Conditions.--The President shall establish
    the terms and conditions under which qualified debt may be
    sold, reduced, or canceled pursuant to this section.
        (c) Eligible Purchasers and Eligible Payors.--
              (1) Sales of debt.--Qualified debt may be sold
            pursuant to subsection (a)(1) only to a purchaser who
            presents plans satisfactory to the President for using
            the debt for the purpose of engaging in eligible debt
            swaps.
              (2) Reduction or cancellation of debt.--Qualified
            debt may be reduced or cancelled pursuant to subsection
            (a)(2) only if the payor presents plans satisfactory to
            the President for using such reduction or cancellation
            for the purpose of facilitating eligible debt swaps.
        (d) Debtor Consultation and Right of First Refusal.--
              (1) Consultation.--Before selling, reducing, or
            canceling any qualified debt of an eligible country
            pursuant to this section, the President should consult
            with that country concerning, among other things, the
            amount of debt to be sold, reduced, or canceled and the
            uses of such debt for eligible debt swaps.
              (2) Right of first refusal.--The qualified debt of an
            eligible country may be sold, reduced, or cancelled
            pursuant to this section only if that country has been
            offered the opportunity to purchase that debt pursuant
            to section 616 and has not accepted that offer.
        (e) Limitation.--In the aggregate, not more than 40 percent
    of the qualified debt of an eligible country may be sold,
    reduced, or cancelled under this section or sold under section
    616.
        (f) Administration.--The Facility shall notify the
    Commodity Credit Corporation of purchasers and payors the
    President has determined to be eligible under subsection (c),
    and shall direct the corporation to carry out the sale,
    reduction, or cancellation of a qualified debt pursuant to this
    section. The Commodity Credit Corporation shall make an
    adjustment in its accounts to reflect such sale, reduction, or
    cancellation.
        (g) Appropriations Requirement.--The authorities provided
    by this section may be exercised only in such amounts and to
    such extent as is provided in advance in appropriations Acts.
        (h) Deposit of Proceeds.--The proceeds from the sale,
    reduction, or cancellation of qualified debt pursuant to this
    section shall be deposited in the United States Government
    account or accounts established for the repayment of such debt.
        (i) Eligible Debt Swaps.--As used in this section, the term
    ``eligible debt swap'' means a debt-for-development swap or
    debt-for-nature swap.

    SEC. 618.\32\ NOTIFICATION TO CONGRESSIONAL COMMITTEES.

        (a) Notice of Negotiations.--The Secretary of State and the
    Secretary of the Treasury shall, in every feasible instance,
    notify the designated congressional committees not less than 15
    days prior to any formal negotiation for debt relief under this
    title.
    ---------------------------------------------------------------------------
        \32\ 7 U.S.C. 1738q. Sec. 2 of the Enterprise for the Americas
    Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509) added sec.
    618.
    ---------------------------------------------------------------------------
        (b) Transmittal of Text of Agreements.--The Secretary of
    State shall transmit to the designated congressional committees
    a copy of the text of any agreement with any foreign government
    which would result in any debt relief under this title no less
    than 30 days prior to its entry into force, together with a
    detailed justification of the interest of the United States in
    the proposed debt relief.
        (c) Annual Report.--The Secretary of State or the Secretary
    of the Treasury, as appropriate, shall submit to the designated
    congressional committees not later than February 1 of each year
    a consolidated statement of the budgetary implications of all
    debt relief agreements entered into force under this title
    during the preceding fiscal year.
        (d) Designated Congressional Committees.--As used in this
    section, the term ``designated congressional committees'' means
    the Committee on Agriculture and the Committee on Foreign
    Affairs \33\ of the House of Representatives and the Committee
    on Agriculture, Nutrition, and Forestry of the Senate.
    ---------------------------------------------------------------------------
        \33\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------

    SEC. 619.\34\ DEFINITION OF QUALIFIED DEBT.

        As used in sections 616, 617, and 618, the term ``qualified
    debt'' means any obligation, or portion of such obligation, of
    an eligible country to pay for purchases of United States
    agricultural commodities guaranteed by the Commodity Credit
    Corporation under export credit guarantee programs authorized
    pursuant to section 5(f) of the Commodity Credit Corporation
    Charter Act or section 4(b) of the Food for Peace Act of 1966--
    ---------------------------------------------------------------------------
        \34\ 7 U.S.C. 1738r. Sec. 2 of the Enterprise for the Americas
    Initiative Act of 1992 (Public Law 102-532; 106 Stat. 3509) added sec.
    619.
    ---------------------------------------------------------------------------
              (1) in which the Commodity Credit Corporation
            obtained a legal right or interest, as a result of
            assignment or subrogation, not later than September 1,
            1992; and
              (2) the payment of which obligation has been, not
            later than September 1, 1992, rescheduled in accordance
            with principles set forth in an Agreed Minute of the
            Paris Club.
    Such term includes the obligation to pay any interest which was
    due or accrued not later than September 1, 1992, and unpaid as
    of the date of a debt sale pursuant to section 616 or a debt
    sale, reduction, or cancellation pursuant to section 617 (as
    the case may be).
         (10) Assigning Foreign Affairs Functions and Implementing the
        Enterprise for the Americas Initiative and the Tropical Forest
                                Conservation Act

     Executive Order 13345, July 8, 2004, 69 F.R. 41901, 7 U.S.C. 1738 note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including the Agricultural Trade Development and Assistance Act
    of 1954 (ATDA Act), as amended [7 U.S.C. 1691 et seq.], the
    Foreign Assistance Act of 1961 (Foreign Assistance Act), as
    amended [22 U.S.C. 2151 et seq.], and section 301 of title 3,
    United States Code, it is hereby ordered as follows:
        Section 1. Functions to be Performed by the Secretary of
    the Treasury. (a) The Secretary of the Treasury is hereby
    designated to perform the functions of the President under the
    following provisions of law:
              (1) sections 603(b), 604(a), and 611 of the ATDA Act
            (7 U.S.C. 1738b(b), 1738c(a), and 1738j); and
              (2) sections 703, 704(a), 805(b), 806(a), 807(a),
            808(a), and 812 of the Foreign Assistance Act (22
            U.S.C. 2430b, 2430c(a), 2431c(b), 2431d(a), 2431e(a),
            2431f(a), and 2431j).
        (b) The Secretary of the Treasury shall:
              (1)(A) make determinations under the provisions of
            sections 703(b) and 805(b) of the Foreign Assistance
            Act in accordance with any recommendations received
            from the Secretary of State with respect to subsections
            703(a)(1)-703(a)(4) and the corresponding
            recommendations under section 805(a)(1) of that Act;
            and
              (B) make determinations under the provisions of
            section 805(b) of the Foreign Assistance Act in
            accordance with any recommendations from the
            Administrator of the United States Agency for
            International Development (USAID) with respect to
            section 803(5)(B) of that Act [22 U.S.C. 2431a(5)(B)];
              (2) exercise the functions under the provisions
            listed in section 1(a)(1) of this order in consultation
            with the Secretary of State and with the National
            Advisory Council on International Monetary and
            Financial Policies (Council) established by Executive
            Order 11269 of February 14, 1966 [22 U.S.C. 286b note];
              (3) consult, as appropriate, with the Secretary of
            State, the Administrator of USAID, the Council, the
            Secretary of Agriculture, the Director of the Office of
            Management and Budget, the Administrator of the
            Environmental Protection Agency, the Chairman of the
            Council on Environmental Quality, the Director of the
            Office of National Drug Control Policy, and the
            Chairman of the Council of Economic Advisers in the
            performance of all other functions under the provisions
            listed in section 1(a) of this order.
        Sec. 2. Functions to be Performed by the Secretary of
    State. (a) The Secretary of State is hereby designated to
    perform the functions of the President under sections 607 and
    614 of the ATDA Act (7 U.S.C. 1738f and 1738m) and section
    813(a) of the Foreign Assistance Act (22 U.S.C. 2431k).
        (b) The Secretary of State shall consult, as appropriate,
    with the Secretary of the Treasury and the Administrator of
    USAID, in the performance of functions under the provisions
    listed in subsection 2(a) of this order.
        (c) The Secretary of State shall consult, as appropriate,
    in the performance of functions under section 607 of the ATDA
    Act, with the Secretary of Agriculture, the Secretary of
    Commerce, the Administrator of the Environmental Protection
    Agency, the Chairman of the Council on Environmental Quality,
    and the heads of such other executive departments and agencies
    as the Secretary of State determines appropriate.
        (d) The Secretary of State is hereby designated to receive
    advice or supplemental views on the President's behalf
    consistent with the following provisions of law:
              (1) section 610(c)(1) of the ATDA Act (7 U.S.C.
            1738i(c)(1)); and
              (2) section 813(b) of the Foreign Assistance Act (22
            U.S.C. 2431k).
        Sec. 3. Recommendation by USAID. The Administrator of USAID
    shall make recommendations with respect to 803(5)(B) of the
    Foreign Assistance Act (22 U.S.C. 2431a(5)(B)[)], in
    cooperation with the Secretary of Agriculture and the Secretary
    of State.
        Sec. 4. Government Appointees to the Enterprise for the
    Americas Board. (a) Pursuant to section 610(b)(1)(A) of the
    ATDA Act (7 U.S.C. 1738i(b)(1)(A)[)] and section 811(b)(1)(A)
    and (b)(2) of the Foreign Assistance Act (22 U.S.C.
    2431i(b)(1)(A) and (b)(2)), the following officers or employees
    of the United States are hereby designated to serve as
    representatives on the Enterprise for the Americas Board:
              (i) the designee of the Secretary of State, who shall
            be the chairperson of the Board;
              (ii) the designee of the Secretary of the Treasury;
              (iii) two designees of the Secretary of Agriculture,
            one of whom shall be an officer or employee of the
            United States Forest Service International Programs
            Office with experience in international forestry
            matters, and the other shall be an officer or employee
            of the Foreign Agricultural Service;
              (iv) the designee of the Secretary of the Interior;
              (v) the designee of the Administrator of the
            Environmental Protection Agency;
              (vi) the designee of the Administrator of USAID, who
            shall be the vice chairperson of the Board; and
              (vii) the designee of the Chairman of the Council on
            Environmental Quality.
        (b) The Board shall permit the following officers or
    employees of the United States to attend and observe a Board
    meeting:
              (i) a designee of the Secretary of Commerce; and
              (ii) a designee of the head of any executive
            department or agency, if the meeting will relate to
            matters relevant to the activities of such executive
            department or agency.
        (c) An officer of the United States listed in subsections
    4(a) and 4(b) shall make a designation for purposes of those
    subsections in writing submitted to the Secretary of State and
    shall change any such designation in the same manner. The
    authority to make such a designation may not be delegated.
        (d) The Secretary of State may, after consultation with the
    officers of the United States listed in subsection 4(b) and the
    Attorney General, as appropriate, establish such procedures as
    may be necessary to provide for the governance and
    administration of the Board.
        Sec. 5. Guidance for the Performance of Functions. In
    performing functions under this order, officers of the United
    States:
              (a) shall ensure that all actions taken by them are
            consistent with the President's constitutional
            authority to (i) conduct the foreign affairs of the
            United States, including the commencement, conduct, and
            termination of negotiations with foreign countries and
            international organizations, (ii) withhold information
            the disclosure of which could impair the foreign
            relations, the national security, the deliberative
            processes of the Executive, or the performance of the
            Executive's constitutional duties, (iii) recommend for
            congressional consideration such measures as the
            President may judge necessary or expedient, and (iv)
            supervise the unitary executive branch;
              (b) may further assign functions assigned by this
            order to officers of any department or agency within
            the executive branch to the extent permitted by law
            except as provided in subsection 4(c) of this order and
            such further assignment shall be published in the
            Federal Register; and
              (c) shall consult the Attorney General as appropriate
            in implementing this section.
        Sec. 6. Revocation of Executive Orders. The following
    Executive Orders are hereby revoked:
              (a) Executive Order 12757 of March 19, 1991;
              (b) Executive Order 12823 of December 3, 1992;
                      (c) Executive Order 13028 of December 3,
                    1996; and
              (d) Executive Order 13131 of July 22, 1999.
        Sec. 7. Judicial Review. This order is not intended to, and
    does not, create any right or benefit, substantive or
    procedural, enforceable at law or in equity by a party against
    the United States, its departments, agencies, entities,
    officers, employees or agents, or any other person.
       b. Department of State--Delegation of Authority; Establishment of
                                     Bureau

              (1) Science, Technology, and American Diplomacy \1\

      Title V of Public Law 95-426 [Foreign Relations Authorization Act,
    Fiscal Year 1979; H.R. 12598], 92 Stat. 963 at 982, approved October 7,
                                1978, as amended

        AN ACT To authorize appropriations for fiscal year 1979 for the
     Department of State, the International Communication Agency, and the
       Board for International Broadcasting, to make changes in the laws
      relating to those agencies, to make changes in the Foreign Service
       personnel system, to establish policies and responsibilities with
     respect to science, technology, and American diplomacy, and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ Portions of this Act may also be found in Legislation on
    Foreign Relations Through 2005, vol. II-A.
    ---------------------------------------------------------------------------

                                  short title

        Section 1. This Act may be cited as the ``Foreign Relations
    Authorization Act, Fiscal Year 1979''.
              * * * * * * *

              TITLE V--SCIENCE, TECHNOLOGY, AND AMERICAN DIPLOMACY

                                    findings

        Sec. 501.\2\ The Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2656a.
    ---------------------------------------------------------------------------
              (1) the consequences of modern scientific and
            technological advances are of such major significance
            in United States foreign policy that understanding and
            appropriate knowledge of modern science and technology
            by officers and employees of the United States
            Government are essential in the conduct of modern
            diplomacy;
              (2) many problems and opportunities for development
            in modern diplomacy lie in scientific and technological
            fields;
              (3) in the formulation, implementation, and
            evaluation of the technological aspects of United
            States foreign policy, the United States Government
            should seek out and consult with both public and
            private industrial, academic, and research institutions
            concerned with modern technology; and
              (4) the effective use of science and technology in
            international relations for the mutual benefit of all
            countries requires the development and use of the
            skills and methods of long-range planning.

                             declaration of policy

        Sec. 502.\3\ In order to maximize the benefits and to
    minimize the adverse consequences of science and technology in
    the conduct of foreign policy, the Congress declares the
    following to be the policy of the United States:
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 2656b.
    ---------------------------------------------------------------------------
              (1) Technological opportunities, impacts, changes,
            and threats should be anticipated and assessed, and
            appropriate measures should be implemented to influence
            such technological developments in ways beneficial to
            the United States and other countries.
              (2) The mutually beneficial applications of
            technology in bilateral and multilateral agreements and
            activities involving the United States and foreign
            countries or international organizations should be
            recognized and supported as an important element of
            United States foreign policy.
              (3) The United States Government should implement
            appropriate measures to insure that individuals are
            trained in the use of science and technology as an
            instrument in international relations and that officers
            and employees of the United States Government engaged
            in formal and informal exchanges of scientific and
            technical information, personnel, and hardware are
            knowledgeable in international affairs.
              (4) In recognition of the environmental and
            technological factors that change relations among
            countries and in recognition of the growing
            interdependence between the domestic and foreign
            policies and programs of the United States, United
            States foreign policy should be continually reviewed by
            the executive and legislative branches of the
            Government to insure appropriate and timely application
            of science and technology to the conduct of United
            States foreign policy.
              (5) \4\ Federally supported international science and
            technology agreements should be negotiated to ensure
            that--
    ---------------------------------------------------------------------------
        \4\ Sec. 5171(a) of Public Law 100-418 (102 Stat. 1452) added para.
    (5).
    ---------------------------------------------------------------------------
                      (A) intellectual property rights are properly
                    protected; and
                      (B) access to research and development
                    opportunities and facilities and the flow of
                    scientific and technological information, are,
                    to the maximum extent practicable, equitable
                    and reciprocal.

                       responsibilities of the president

        Sec. 503.\5\ (a) The President, in consultation with the
    Director of the Office of Science and Technology Policy and
    other officials whom the President considers appropriate,
    shall--
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 2656c.
    ---------------------------------------------------------------------------
              (1) notwithstanding any other provision of law,
            insure that the Secretary of State is informed and
            consulted before any agency of the United States
            Government takes any major action, primarily involving
            science or technology, with respect to any foreign
            government or international organization;
              (2) identify and evaluate elements of major domestic
            science and technology programs and activities of the
            United States Government with significant international
            implications;
              (3) identify and evaluate international scientific or
            technological developments with significant
            implications for domestic programs and activities of
            the United States Government; and
              (4) assess and initiate appropriate international
            scientific and technological activities which are based
            upon domestic scientific and technological activities
            of the United States Government and which are
            beneficial to the United States and foreign countries.
        (b) \6\ * * * [Repealed--1995]
    ---------------------------------------------------------------------------
        \6\ Sec. 1111(b) of Public Law 104-66 (109 Stat. 723) repealed
    subsec. (b), which had required the President to report annually on
    personnel requirements, standards, and training for service of U.S.
    Government officers and employees with respect to assignments in any
    Federal agency that involve foreign relations and science or technology
    and related matters.
    ---------------------------------------------------------------------------
        (c) Except as otherwise provided by law, nothing in this
    section shall be construed as requiring the public disclosure
    of sensitive information relating to intelligence sources or
    methods or to persons engaged in monitoring scientific or
    technological developments for intelligence purposes.
        (d) \7\ (1) The information and recommendations developed
    under subsection (b)(3) shall be made available to the United
    States Trade Representative for use in his consultations with
    Federal agencies pursuant to Executive orders pertaining to the
    transfer of science and technology.
    ---------------------------------------------------------------------------
        \7\ Sec. 5171(c) of Public Law 100-418 (102 Stat. 1453) added
    subsec. (d).
    ---------------------------------------------------------------------------
              (2) In providing such information and
            recommendations, the President shall utilize
            information developed by any Federal departments,
            agencies, or interagency committees, as he may consider
            necessary.

                    responsibility of the secretary of state

        Sec. 504.\8\ (a)(1) \9\ In order to implement the policies
    \9\ set forth in section 502 of this title, the Secretary of
    State (hereafter in this section referred to as the
    ``Secretary'') shall have primary responsibility for
    coordination and oversight with respect to all major science or
    science and technology agreements and activities between the
    United States and foreign countries, international
    organizations, or commissions of which the United States and
    one or more foreign countries are members.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 2656d.
        \9\ Sec. 5171(d) of Public Law 100-418 (102 Stat. 1453)
    redesignated subsec. (a) as (a)(1); struck out ``policy'' and inserted
    in lieu thereof ``policies''; and added paras. (2) and (3).
    ---------------------------------------------------------------------------
        (2) \9\ In coordinating and overseeing such agreements and
    activities, the Secretary shall consider (A) scientific merit;
    (B) equity of access as described in section 503(b); (C)
    possible commercial or trade linkages with the United States
    which may flow from the agreement or activity; (D) national
    security concerns; and (E) any other factors deemed
    appropriate.
        (3) \9\ Prior to entering into negotiations on such an
    agreement or activity, the Secretary shall provide Federal
    agencies which have primary responsibility for, or substantial
    interest in, the subject matter of the agreement or activity,
    including those agencies responsible for--
              (A) Federal technology management policies set forth
            by Public Law 96-517 and the Stevenson-Wydler
            Technology Innovation Act of 1980;
              (B) national security policies;
              (C) United States trade policies; and
              (D) relevant Executive orders,
    with an opportunity to review the proposed agreement or
    activity to ensure its consistency with such policies and
    Executive orders, and to ensure effective interagency
    coordination.
        (b) The Secretary shall, to such extent or in such amounts
    as are provided in appropriation Acts, enter into long-term
    contracts, including contracts for the services of consultants,
    and shall make grants and take other appropriate measures in
    order to obtain studies, analyses, and recommendations from
    knowledgeable persons and organizations with respect to the
    application of science or technology to problems of foreign
    policy.
        (c) The Secretary shall, to such extent or in such amounts
    as are provided in appropriation Acts, enter into short-term
    and long-term contracts, including contracts for the services
    of consultants, and shall make grants and take other
    appropriate measures in order to obtain assistance from
    knowledgeable persons and organizations in training officers
    and employees of the United States Government, at all levels of
    the Foreign Service and Civil Service--
              (1) in the application of science and technology to
            problems of United States foreign policy and
            international relations generally; and
              (2) in the skills of long-range planning and analysis
            with respect to the scientific and technological
            aspects of United States foreign policy.
        (d) In obtaining assistance pursuant to subsection (c) in
    training personnel who are officers or employees of the
    Department of State, the Secretary may provide for detached
    service for graduate study at accredited colleges and
    universities.
        (e) \10\ * * * [Repealed--1982]
    ---------------------------------------------------------------------------
        \10\ Sec. 505(a)(2) of Public Law 97-241 (96 Stat. 299) repealed
    subsec. (e), which had required a report from the Secretary of State
    concerning the coordination and oversight of all major science or
    science and technology agreements and activities between the United
    States and foreign countries, international organizations, or
    commissions. The Secretary submitted this report on January 19, 1979,
    and filed a supplemental report on October 26, 1979.
    ---------------------------------------------------------------------------
              * * * * * * *
     (2) Establishment of Bureau of Oceans and International Environmental
                           and Scientific Affairs \1\

     Partial text of Public Law 93-126 [Department of State Appropriations
     Authorization Act of 1973; H.R. 7645], 87 Stat. 451, approved October
                              18, 1973; as amended

    AN ACT To authorize appropriations for the Department of State, and for
                                other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Department of State Appropriations
    Authorization Act of 1973''.
    ---------------------------------------------------------------------------
        \1\ This Public Law also may be found in Legislation on Foreign
    Relations Through 2005, vol. II-A.
    ---------------------------------------------------------------------------
              * * * * * * *

    bureau of oceans and international environmental and scientific affairs

        Sec. 9.\2\ (a) \3\ There is established within the
    Department of State a Bureau of Oceans and International
    Environmental and Scientific Affairs. There \4\ shall be an
    Assistant Secretary of State for Oceans and International
    Environmental and Scientific Affairs, appointed by the
    President, by and with the advice and consent of the Senate,
    who shall be the head of the Bureau and who shall have
    responsibility for matters relating to oceans, environmental,
    scientific, fisheries, wildlife, and conservation affairs and
    for such other related duties as the Secretary may from time to
    time designate.\5\
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2655a.
        \3\ Sec. 162(q)(2) of the Foreign Relations Act, Fiscal Years 1994
    and 1995 (Public Law 103-236; 108 Stat. 410), struck out subsec. (b),
    which had amended 5 U.S.C. 5315 to add reference to this Assistant
    Secretary of State.
        \4\ Sec. 162(q)(1)(A) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410), struck
    out ``In addition to the positions provided under the first section of
    the Act of May 26, 1949, as amended (22 U.S.C. 2652), there'' and
    inserted in lieu thereof ``There''.
        \5\ Sec. 162(q)(1)(B) of the Foreign Relations Authorization Act,
    Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 410),
    inserted ``and for such other related duties as the Secretary may from
    time to time designate''.
    ---------------------------------------------------------------------------
              * * * * * * *
    (3) Delegating to the Secretary of State Certain Functions With Respect
        to the Negotiation of International Agreements Relating to the
                         Enhancement of the Environment

    Executive Order 11742, October 23, 1973, 38 F.R. 29457, 33 U.S.C. 1251
                                      note

        Under and by virtue of the authority vested in me by
    section 301 of title 3 of the United States Code and as
    President of the United States, I hereby authorize and empower
    the Secretary of State, in coordination with the Council on
    Environmental Quality, the Environmental Protection Agency, and
    other appropriate Federal agencies, to perform, without the
    approval, ratification, or other action of the President, the
    functions vested in the President by section 7 of the Federal
    Water Pollution Control Act Amendments of 1972 (Public Law 92-
    500; 86 Stat. 898) with respect to international agreements
    relating to the enhancement of the environment.
        c. International Cooperation or Participation in International
                               Organizations \1\

                         (1) REDI Center Authorization

        Partial text of Public Law 109-140 [H.R. 4436], 119 Stat. 2650,
                           approved December 22, 2005

    AN ACT To provide certain authorities for the Department of State, and
                              for other purposes.

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

    SECTION 1. REDI CENTER.

        (a) Authorization.--The Secretary of State is authorized to
    provide for the participation by the United States in the
    Regional Emerging Diseases Intervention Center (in this section
    referred to as ``REDI Center'') in Singapore, as established by
    the Agreement described in subsection (c).
    ---------------------------------------------------------------------------
        \1\ See also legislation under Law of the Sea, beginning at page 5.
    ---------------------------------------------------------------------------
        (b) Consultation and Report.--
              (1) Consultation.--Prior to the review required under
            Article 6.3 of the Agreement described in subsection
            (c), the Secretary shall consult with the Committee on
            International Relations of the House of Representatives
            and the Committee on Foreign Relations of the Senate.
              (2) Report.--In connection with the submission of the
            annual congressional budget justification, the
            Secretary shall report on efforts undertaken at the
            REDI Center with regard to bioterrorism concerns.
        (c) Agreement Described.--The Agreement referred to in this
    section is the Agreement between the Governments of the United
    States of America and the Republic of Singapore Establishing
    the Regional Emerging Diseases Intervention Center, done at
    Singapore, November 22, 2005.
              * * * * * * *
                 (2) Congo Basin Forest Partnership Act of 2004

     Public Law 108-200 [H.R. 2264], 118 Stat. 458, approved February 13,
                                      2004

     AN ACT To authorize appropriations for fiscal year 2004 to carry out
      the Congo Basin Forest Partnership program, and for other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Congo Basin Forest
    Partnership Act of 2004''.

    SEC. 2. FINDINGS.

        Congress finds the following:
              (1) The tropical forests of the Congo Basin, located
            in the Central African countries of Cameroon, the
            Central African Republic, the Democratic Republic of
            the Congo, Equatorial Guinea, Gabon, the Republic of
            Congo, Rwanda, Burundi, and Gao Tome/Principe, are
            second in size only to the tropical forests of the
            Amazon Basin.
              (2) These forests are a crucial economic resource for
            the people of the Central African region.
              (3) Congo Basin forests play a critical role in
            sustaining the environment--absorbing carbon dioxide,
            cleansing water, and retaining soil.
              (4) Congo Basin forests contain the most diverse
            grouping of plants and animals in Africa, including
            rare and endangered species, such as the lowland
            gorilla, mountain gorilla, chimpanzee, and okapi. These
            plants and animals are invaluable for many reasons,
            including their genetic and biochemical information,
            which could spark advances in medical, agricultural,
            and industrial technology.
              (5) Logging operations, driven by a growing global
            demand for tropical hardwoods, are shrinking these
            forests. One estimate has logging taking out Congo
            Basin forest area at a rate of twice the size of the
            State of Rhode Island every year.
              (6) The construction of logging roads and other
            developments are putting intense hunting pressure on
            wildlife. At current hunting levels, most species of
            apes and other primates, large antelope, and elephants
            will disappear from the Congo Basin, with some becoming
            extinct.
              (7) If current deforestation and wildlife depletion
            rates are not reversed, the six countries of the Congo
            Basin most immediately, but also the world, will pay an
            immense economic, environmental, and cultural price.
              (8) The United States has an interest in seeing
            political stability and economic development advance in
            the Congo Basin countries. This interest will be
            adversely impacted if current deforestation and
            wildlife depletion rates are not reversed.
              (9) Poorly managed and nonmanaged logging and hunting
            threatens to do to the Congo Basin what it did to West
            Africa, which lost much of its forest and wildlife
            through over-exploitation.
              (10) Purged of wildlife, some Congo Basin forests
            already are ``empty forests''.
              (11) In an attempt to conserve the forests of the
            Congo Basin, the region's governments convened the
            Yaounde (Cameroon) Forest Summit in March 1999.
              (12) In September 2002, Secretary of State Colin
            Powell launched the Congo Basin Forest Partnership
            (CBFP) in Johannesburg, South Africa. The CBFP promotes
            the conservation and sustainable use of the region's
            forests, for example, by working to combat poaching,
            illegal logging, and other unsustainable practices, and
            giving local populations an economic stake in the
            preservation of the forests, including through the
            development of ecotourism.
              (13)(A) The United States contribution to the CBFP
            will focus on conserving 11 key landscapes in 6
            countries--Cameroon, the Central African Republic, the
            Democratic Republic of the Congo, Equatorial Guinea,
            Gabon, and the Republic of Congo--identified at the
            Yaounde Forest Summit as being of the greatest
            biological importance to the region.
              (B) The United States will fund field-based
            activities within these 25,000,000 acres that aim to
            support a network of 27 national parks and protected
            areas and well-managed forestry concessions.
              (C) In this way, the work will build on existing
            United States efforts, including those of the Central
            African Regional Program for the Environment (CARPE) of
            the United States Agency for International Development,
            which will implement the CBFP.
              (14) The CBFP has broad international financial
            support, including from non-African governments, the
            European Commission, the International Bank for
            Reconstruction and Development, and numerous
            nongovernment organizations.
              (15) A dramatic step toward conserving Congo Basin
            forests has recently been taken by Gabon. In September
            2002, President Omar Bongo announced the creation of 13
            national parks, representing over 10 percent of Gabon's
            surface area. Previously, Gabon had no national park
            system.
              (16) With the CBFP and other initiatives, there
            exists unprecedented momentum for the conservation of
            Congo Basin forests.

    SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There are authorized to be appropriated to
    the President to carry out the Congo Basin Forest Partnership
    (CBFP) program $18,600,000 for fiscal year 2004.
        (b) CARPE.--Of the amounts appropriated pursuant to the
    authorization of appropriations in subsection (a), $16,000,000
    is authorized to be made available to the Central Africa
    Regional Program for the Environment (CARPE) of the United
    States Agency for International Development.
        (c) Availability.--Amounts appropriated pursuant to the
    authorization of appropriations under subsection (a) are
    authorized to remain available until expended.
                     (3) Great Ape Conservation Act of 2000

     Public Law 106-411 [H.R. 4320], 114 Stat. 1789, approved November 1,
                                      2000

     AN ACT To assist in the conservation of great apes by supporting and
        providing financial resources for the conservation programs of
     countries within the range of great apes and projects of persons with
           demonstrated expertise in the conservation of great apes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Great Ape Conservation Act
    of 2000''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 6301 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS AND PURPOSES.

        (a) Findings--Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 6301.
    ---------------------------------------------------------------------------
              (1) great ape populations have declined to the point
            that the long-term survival of the species in the wild
            is in serious jeopardy;
              (2) the chimpanzee, gorilla, bonobo, orangutan, and
            gibbon are listed as endangered species under section 4
            of the Endangered Species Act of 1973 (16 U.S.C. 1533)
            and under Appendix I of the Convention on International
            Trade in Endangered Species of Wild Fauna and Flora (27
            UST 1087; TIAS 8249);
              (3) because the challenges facing the conservation of
            great apes are so immense, the resources available to
            date have not been sufficient to cope with the
            continued loss of habitat due to human encroachment and
            logging and the consequent diminution of great ape
            populations;
              (4) because great apes are flagship species for the
            conservation of the tropical forest habitats in which
            they are found, conservation of great apes provides
            benefits to numerous other species of wildlife,
            including many other endangered species;
              (5) among the threats to great apes, in addition to
            habitat loss, are population fragmentation, hunting for
            the bushmeat trade, live capture, and exposure to
            emerging or introduced diseases;
              (6) great apes are important components of the
            ecosystems they inhabit, and studies of their wild
            populations have provided important biological
            insights;
              (7) although subsistence hunting of tropical forest
            animals has occurred for hundreds of years at a
            sustainable level, the tremendous increase in the
            commercial trade of tropical forest species is
            detrimental to the future of these species; and
              (8) the reduction, removal, or other effective
            addressing of the threats to the long-term viability of
            populations of great apes in the wild will require the
            joint commitment and effort of countries that have
            within their boundaries any part of the range of great
            apes, the United States and other countries, and the
            private sector.
        (b) Purposes--The purposes of this Act are--
              (1) to sustain viable populations of great apes in
            the wild; and
              (2) to assist in the conservation and protection of
            great apes by supporting conservation programs of
            countries in which populations of great apes are
            located and by supporting the CITES Secretariat.

    SEC. 3.\3\ DEFINITIONS.

        In this Act:
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 6302
    ---------------------------------------------------------------------------
              (1) CITES.--The term ``CITES'' means the Convention
            on International Trade in Endangered Species of Wild
            Fauna and Flora, done at Washington March 3, 1973 (27
            UST 1087; TIAS 8249), including its appendices.
              (2) Conservation.--The term ``conservation''--
                      (A) means the use of methods and procedures
                    necessary to prevent the diminution of, and to
                    sustain viable populations of, a species; and
                      (B) includes all activities associated with
                    wildlife management, such as--
                              (i) conservation, protection,
                            restoration, acquisition, and
                            management of habitat;
                              (ii) in-situ research and monitoring
                            of populations and habitats;
                              (iii) assistance in the development,
                            implementation, and improvement of
                            management plans for managed habitat
                            ranges;
                              (iv) enforcement and implementation
                            of CITES;
                              (v) enforcement and implementation of
                            domestic laws relating to resource
                            management;
                              (vi) development and operation of
                            sanctuaries for members of a species
                            rescued from the illegal trade in live
                            animals;
                              (vii) training of local law
                            enforcement officials in the
                            interdiction and prevention of the
                            illegal killing of great apes;
                              (viii) programs for the
                            rehabilitation of members of a species
                            in the wild and release of the members
                            into the wild in ways which do not
                            threaten existing wildlife populations
                            by causing displacement or the
                            introduction of disease;
                              (ix) conflict resolution initiatives;
                              (x) community outreach and education;
                            and
                              (xi) strengthening the capacity of
                            local communities to implement
                            conservation programs.
              (3) Fund.--The term ``Fund'' means the Great Ape
            Conservation Fund established by section 5.
              (4) Great ape.--The term ``great ape'' means a
            chimpanzee, gorilla, bonobo, orangutan, or gibbon.
              (5) Multinational species conservation fund.--The
            term ``Multinational Species Conservation Fund'' means
            such fund as established in title I of the Department
            of the Interior and Related Agencies Appropriations
            Act, 1999, under the heading ``MULTINATIONAL SPECIES
            CONSERVATION FUND''.
              (6) Secretary.--The term ``Secretary'' means the
            Secretary of the Interior.

    SEC. 4.\4\ GREAT APE CONSERVATION ASSISTANCE.

        (a) In General.--Subject to the availability of funds and
    in consultation with other appropriate Federal officials, the
    Secretary shall use amounts in the Fund to provide financial
    assistance for projects for the conservation of great apes for
    which project proposals are approved by the Secretary in
    accordance with this section.
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 6303.
    ---------------------------------------------------------------------------
        (b) Project Proposals.--
              (1) Eligible applications.--A proposal for a project
            for the conservation of great apes may be submitted to
            the Secretary by--
                      (A) any wildlife management authority of a
                    country that has within its boundaries any part
                    of the range of a great ape if the activities
                    of the authority directly or indirectly affect
                    a great ape population;
                      (B) the CITES Secretariat; or
                      (C) any person or group with the demonstrated
                    expertise required for the conservation of
                    great apes.
              (2) Required elements.--A project proposal shall
            include--
                      (A) a concise statement of the purposes of
                    the project;
                      (B) the name of the individual responsible
                    for conducting the project;
                      (C) a description of the qualifications of
                    the individuals who will conduct the project;
                      (D) a concise description of--
                              (i) methods for project
                            implementation and outcome assessment;
                              (ii) staff and community management
                            for the project; and
                              (iii) the logistics of the project;
                      (E) an estimate of the funds and time
                    required to complete the project;
                      (F) evidence of support for the project by
                    appropriate governmental entities of the
                    countries in which the project will be
                    conducted, if the Secretary determines that
                    such support is required for the success of the
                    project;
                      (G) information regarding the source and
                    amount of matching funding available for the
                    project; and
                      (H) any other information that the Secretary
                    considers to be necessary for evaluating the
                    eligibility of the project for funding under
                    this Act.
        (c) Project Review and Approval.--
              (1) In general.--The Secretary shall--
                      (A) not later than 30 days after receiving a
                    project proposal, provide a copy of the
                    proposal to other appropriate Federal
                    officials; and
                      (B) review each project proposal in a timely
                    manner to determine if the proposal meets the
                    criteria specified in subsection (d).
              (2) Consultation; approval or disapproval.--Not later
            than 180 days after receiving a project proposal, and
            subject to the availability of funds, the Secretary,
            after consulting with other appropriate Federal
            officials, shall--
                      (A) consult on the proposal with the
                    government of each country in which the project
                    is to be conducted;
                      (B) after taking into consideration any
                    comments resulting from the consultation,
                    approve or disapprove the proposal; and
                      (C) provide written notification of the
                    approval or disapproval to the person who
                    submitted the proposal, other appropriate
                    Federal officials, and each country described
                    in subparagraph (A).
        (d) Criteria for Approval.--The Secretary may approve a
    project proposal under this section if the project will enhance
    programs for conservation of great apes by assisting efforts
    to--
              (1) implement conservation programs;
              (2) address the conflicts between humans and great
            apes that arise from competition for the same habitat;
              (3) enhance compliance with CITES and other
            applicable laws that prohibit or regulate the taking or
            trade of great apes or regulate the use and management
            of great ape habitat;
              (4) develop sound scientific information on, or
            methods for monitoring--
                      (A) the condition and health of great ape
                    habitat;
                      (B) great ape population numbers and trends;
                    or
                      (C) the current and projected threats to the
                    habitat, current and projected numbers, or
                    current and projected trends; or
              (5) promote cooperative projects on the issues
            described in paragraph (4) among government entities,
            affected local communities, nongovernmental
            organizations, or other persons in the private sector.
        (e) Project Sustainability.--To the maximum extent
    practicable, in determining whether to approve project
    proposals under this section, the Secretary shall give
    preference to conservation projects that are designed to ensure
    effective, long-term conservation of great apes and their
    habitats.
        (f) Matching Funds.--In determining whether to approve
    project proposals under this section, the Secretary shall give
    preference to projects for which matching funds are available.
        (g) Project Reporting.--
              (1) In general.--Each person that receives assistance
            under this section for a project shall submit to the
            Secretary periodic reports (at such intervals as the
            Secretary considers necessary) that include all
            information that the Secretary, after consultation with
            other appropriate government officials, determines is
            necessary to evaluate the progress and success of the
            project for the purposes of ensuring positive results,
            assessing problems, and fostering improvements.
              (2) Availability to the public.--Reports under
            paragraph (1), and any other documents relating to
            projects for which financial assistance is provided
            under this Act, shall be made available to the public.
        (h) Limitations on Use for Captive Breeding.--Amounts
    provided as a grant under this Act--
              (1) may not be used for captive breeding of great
            apes other than for captive breeding for release into
            the wild; and
              (2) may be used for captive breeding of a species for
            release into the wild only if no other conservation
            method for the species is biologically feasible.
        (i) Panel.--Every 2 years, the Secretary shall convene a
    panel of experts to identify the greatest needs for the
    conservation of great apes.

    SEC. 5.\5\ GREAT APE CONSERVATION FUND.

        (a) Establishment.--There is established in the
    Multinational Species Conservation Fund a separate account to
    be known as the ``Great Ape Conservation Fund'', consisting
    of--
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 6304.
    ---------------------------------------------------------------------------
              (1) amounts transferred to the Secretary of the
            Treasury for deposit into the Fund under subsection
            (e);
              (2) amounts appropriated to the Fund under section 6;
            and
              (3) any interest earned on investment of amounts in
            the Fund under subsection (c).
        (b) Expenditures from Fund.--
              (1) In general.--Subject to paragraph (2), upon
            request by the Secretary, the Secretary of the Treasury
            shall transfer from the Fund to the Secretary, without
            further appropriation, such amounts as the Secretary
            determines are necessary to provide assistance under
            section 4.
              (2) Administrative expenses.--Of the amounts in the
            account available for each fiscal year, the Secretary
            may expand \6\ not more than 3 percent, or up to
            $80,000, whichever is greater, to pay the
            administrative expenses necessary to carry out this
            Act.
    ---------------------------------------------------------------------------
        \6\ So in original. Should probably be ``expend''.
    ---------------------------------------------------------------------------
        (c) Investment of Amounts.--
              (1) In general.--The Secretary of the Treasury shall
            invest such portion of the Fund as is not, in the
            judgment of the Secretary of the Treasury, required to
            meet current withdrawals. Investments may be made only
            in interest-bearing obligations of the United States.
              (2) Acquisition of obligations.--For the purpose of
            investments under paragraph (1), obligations may be
            acquired--
                      (A) on original issue at the issue price; or
                      (B) by purchase of outstanding obligations at
                    the market price.
              (3) Sale of obligations.--Any obligation acquired by
            the Fund may be sold by the Secretary of the Treasury
            at the market price.
              (4) Credits to fund.--The interest on, and the
            proceeds from the sale or redemption of, any
            obligations held in the Fund shall be credited to and
            form a part of the Fund.
        (d) Transfers of Amounts.--
              (1) In general.--The amounts required to be
            transferred to the Fund under this section shall be
            transferred at least monthly from the general fund of
            the Treasury to the Fund on the basis of estimates made
            by the Secretary of the Treasury.
              (2) Adjustments.--Proper adjustment shall be made in
            amounts subsequently transferred to the extent prior
            estimates were in excess of or less than the amounts
            required to be transferred.
        (e) Acceptance and Use of Donations.--The Secretary may
    accept and use donations to provide assistance under section 4.
    Amounts received by the Secretary in the form of donations
    shall be transferred to the Secretary of the Treasury for
    deposit into the Fund.

    SEC. 6.\7\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Fund
    $5,000,000 for each of fiscal years 2001 through 2005.
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 6305. The Department of Interior and Related Agencies
    Appropriations, 2006 (Public Law 109-54; 119 Stat. 499), provided the
    following:
        ``For expenses necessary to carry out the African Elephant
    Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 221-4225, 4241-4245,
    and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
    96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of
    1994 (16 U.S.C. 5301-5306), the Great Ape Conservation Act of 2000 (16
    U.S.C. 6301), and the Marine Turtle Conservation Act of 2004 (Public
    Law 108-266; 16 U.S.C. 6601), $6,500,000, to remain available until
    expended.''.
                (4) Neotropical Migratory Bird Conservation Act

       Public Law 106-247 [S. 148], 114 Stat. 593, approved July 20, 2000

    AN ACT To require the Secretary of the Interior to establish a program
      to provide assistance in the conservation of neotropical migratory
                                     birds.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Neotropical Migratory Bird
    Conservation Act''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 6101 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS.

        Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 6101.
    ---------------------------------------------------------------------------
              (1) of the nearly 800 bird species known to occur in
            the United States, approximately 500 migrate among
            countries, and the large majority of those species, the
            neotropical migrants, winter in Latin America and the
            Caribbean;
              (2) neotropical migratory bird species provide
            invaluable environmental, economic, recreational, and
            aesthetic benefits to the United States, as well as to
            the Western Hemisphere;
              (3)(A) many neotropical migratory bird populations,
            once considered common, are in decline, and some have
            declined to the point that their long-term survival in
            the wild is in jeopardy; and
              (B) the primary reason for the decline in the
            populations of those species is habitat loss and
            degradation (including pollution and contamination)
            across the species' range; and
              (4)(A) because neotropical migratory birds range
            across numerous international borders each year, their
            conservation requires the commitment and effort of all
            countries along their migration routes; and
              (B) although numerous initiatives exist to conserve
            migratory birds and their habitat, those initiatives
            can be significantly strengthened and enhanced by
            increased coordination.

    SEC. 3.\3\ PURPOSES.

        The purposes of this Act are--
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 6102.
    ---------------------------------------------------------------------------
              (1) to perpetuate healthy populations of neotropical
            migratory birds;
              (2) to assist in the conservation of neotropical
            migratory birds by supporting conservation initiatives
            in the United States, Latin America, and the Caribbean;
            and
              (3) to provide financial resources and to foster
            international cooperation for those initiatives.

    SEC. 4.\4\ DEFINITIONS.

        In this Act:
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 6103.
    ---------------------------------------------------------------------------
              (1) Account.--The term ``Account'' means the
            Neotropical Migratory Bird Conservation Account
            established by section 9(a).
              (2) Conservation.--The term ``conservation'' means
            the use of methods and procedures necessary to bring a
            species of neotropical migratory bird to the point at
            which there are sufficient populations in the wild to
            ensure the long-term viability of the species,
            including--
                      (A) protection and management of neotropical
                    migratory bird populations;
                      (B) maintenance, management, protection, and
                    restoration of neotropical migratory bird
                    habitat;
                      (C) research and monitoring;
                      (D) law enforcement; and
                      (E) community outreach and education.
              (3) Secretary.--The term ``Secretary'' means the
            Secretary of the Interior.

    SEC. 5.\5\ FINANCIAL ASSISTANCE.

        (a) In General.--The Secretary shall establish a program to
    provide financial assistance for projects to promote the
    conservation of neotropical migratory birds.
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 6104
    ---------------------------------------------------------------------------
        (b) Project Applicants.--A project proposal may be
    submitted by--
              (1) an individual, corporation, partnership, trust,
            association, or other private entity;
              (2) an officer, employee, agent, department, or
            instrumentality of the Federal Government, of any
            State, municipality, or political subdivision of a
            State, or of any foreign government;
              (3) a State, municipality, or political subdivision
            of a State;
              (4) any other entity subject to the jurisdiction of
            the United States or of any foreign country; and
              (5) an international organization (as defined in
            section 1 of the International Organizations Immunities
            Act (22 U.S.C. 288)).
        (c) Project Proposals.--To be considered for financial
    assistance for a project under this Act, an applicant shall
    submit a project proposal that--
              (1) includes--
                      (A) the name of the individual responsible
                    for the project;
                      (B) a succinct statement of the purposes of
                    the project;
                      (C) a description of the qualifications of
                    individuals conducting the project; and
                      (D) an estimate of the funds and time
                    necessary to complete the project, including
                    sources and amounts of matching funds;
              (2) demonstrates that the project will enhance the
            conservation of neotropical migratory bird species in
            the United States, Latin America, or the Caribbean;
              (3) includes mechanisms to ensure adequate local
            public participation in project development and
            implementation;
              (4) contains assurances that the project will be
            implemented in consultation with relevant wildlife
            management authorities and other appropriate government
            officials with jurisdiction over the resources
            addressed by the project;
              (5) demonstrates sensitivity to local historic and
            cultural resources and complies with applicable laws;
              (6) describes how the project will promote
            sustainable, effective, long-term programs to conserve
            neotropical migratory birds; and
              (7) provides any other information that the Secretary
            considers to be necessary for evaluating the proposal.
        (d) Project Reporting.--Each recipient of assistance for a
    project under this Act shall submit to the Secretary such
    periodic reports as the Secretary considers to be necessary.
    Each report shall include all information required by the
    Secretary for evaluating the progress and outcome of the
    project.
        (e) Cost Sharing.--
              (1) Federal share.--The Federal share of the cost of
            each project shall be not greater than 25 percent.
              (2) Non-federal share.--
                      (A) Source.--The non-Federal share required
                    to be paid for a project shall not be derived
                    from any Federal grant program.
                      (B) Form of payment.--
                              (i) Projects in the united states.--
                            The non-Federal share required to be
                            paid for a project carried out in the
                            United States shall be paid in cash.
                              (ii) Projects in foreign countries.--
                            The non-Federal share required to be
                            paid for a project carried out in a
                            foreign country may be paid in cash or
                            in kind.

    SEC. 6.\6\ DUTIES OF THE SECRETARY.

        In carrying out this Act, the Secretary shall--
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 6105.
    ---------------------------------------------------------------------------
              (1) develop guidelines for the solicitation of
            proposals for projects eligible for financial
            assistance under section 5;
              (2) encourage submission of proposals for projects
            eligible for financial assistance under section 5,
            particularly proposals from relevant wildlife
            management authorities;
              (3) select proposals for financial assistance that
            satisfy the requirements of section 5, giving
            preference to proposals that address conservation needs
            not adequately addressed by existing efforts and that
            are supported by relevant wildlife management
            authorities; and
              (4) generally implement this Act in accordance with
            its purposes.

    SEC. 7.\7\ COOPERATION.

        (a) In General.--In carrying out this Act, the Secretary
    shall--
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 6106.
    ---------------------------------------------------------------------------
              (1) support and coordinate existing efforts to
            conserve neotropical migratory bird species, through--
                      (A) facilitating meetings among persons
                    involved in such efforts;
                      (B) promoting the exchange of information
                    among such persons;
                      (C) developing and entering into agreements
                    with other Federal agencies, foreign, State,
                    and local governmental agencies, and
                    nongovernmental organizations; and
                      (D) conducting such other activities as the
                    Secretary considers to be appropriate; and
              (2) coordinate activities and projects under this Act
            with existing efforts in order to enhance conservation
            of neotropical migratory bird species.
        (b) Advisory Group.--
              (1) In general.--To assist in carrying out this Act,
            the Secretary may convene an advisory group consisting
            of individuals representing public and private
            organizations actively involved in the conservation of
            neotropical migratory birds.
              (2) Public participation.--
                      (A) Meetings.--The advisory group shall--
                              (i) ensure that each meeting of the
                            advisory group is open to the public;
                            and
                              (ii) provide, at each meeting, an
                            opportunity for interested persons to
                            present oral or written statements
                            concerning items on the agenda.
                      (B) Notice.--The Secretary shall provide to
                    the public timely notice of each meeting of the
                    advisory group.
                      (C) Minutes.--Minutes of each meeting of the
                    advisory group shall be kept by the Secretary
                    and shall be made available to the public.
              (3) Exemption from federal advisory committee act.--
            The Federal Advisory Committee Act (5 U.S.C. App.)
            shall not apply to the advisory group.

    SEC. 8.\8\ REPORT TO CONGRESS.

        Not later than October 1, 2002, the Secretary shall submit
    to Congress a report on the results and effectiveness of the
    program carried out under this Act, including recommendations
    concerning how the Act might be improved and whether the
    program should be continued.
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 6107.
    ---------------------------------------------------------------------------

    SEC. 9.\9\ NEOTROPICAL MIGRATORY BIRD CONSERVATION ACCOUNT.

        (a) Establishment.--There is established in the
    Multinational Species Conservation Fund of the Treasury a
    separate account to be known as the ``Neotropical Migratory
    Bird Conservation Account'', which shall consist of amounts
    deposited into the Account by the Secretary of the Treasury
    under subsection (b).
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 6108.
    ---------------------------------------------------------------------------
        (b) Deposits Into the Account.--The Secretary of the
    Treasury shall deposit into the Account--
              (1) all amounts received by the Secretary in the form
            of donations under subsection (d); and
              (2) other amounts appropriated to the Account.
        (c) Use.--
              (1) In general.--Subject to paragraph (2), the
            Secretary may use amounts in the Account, without
            further Act of appropriation, to carry out this Act.
              (2) Administrative expenses.--Of amounts in the
            Account available for each fiscal year, the Secretary
            may expend not more than 3 percent or up to $80,000,
            whichever is greater, to pay the administrative
            expenses necessary to carry out this Act.
        (d) Acceptance and Use of Donations.--The Secretary may
    accept and use donations to carry out this Act. Amounts
    received by the Secretary in the form of donations shall be
    transferred to the Secretary of the Treasury for deposit into
    the Account.

    SEC. 10.\10\ AUTHORIZATION OF APPROPRIATIONS.

        There is authorized to be appropriated to the Account to
    carry out this Act $5,000,000 for each of fiscal years 2001
    through 2005, to remain available until expended, of which not
    less than 75 percent of the amounts made available for each
    fiscal year shall be expended for projects carried out outside
    the United States.
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 6109. The Department of Interior and Related
    Agencies Appropriations, 2006 (Public Law 109-54; 119 Stat. 499),
    provided the following:
        ``For financial assistance for projects to promote the conservation
    of neotropical migratory birds in accordance with the Neotropical
    Migratory Bird Conservation Act, Public Law 106-247 (16 U.S.C. 6101-
    6109), $4,000,000, to remain available until expended.''.
      (5) Responsibilities of Federal Agencies To Protect Migratory Birds

     Executive Order 13186, January 10, 2001, 66 F.R. 3853, 16 U.S.C. 701
                                      note

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America, and
    in furtherance of the purposes of the migratory bird
    conventions, the Migratory Bird Treaty Act (16 U.S.C. 703-711),
    the Bald and Golden Eagle Protection Acts (16 U.S.C. 668-668d),
    the Fish and Wildlife Coordination Act (16 U.S.C. 661-666c),
    the Endangered Species Act of 1973 (16 U.S.C. 1531-1544), the
    National Environmental Policy Act of 1969 (42 U.S.C. 4321-
    4347), and other pertinent statutes, it is hereby ordered as
    follows:
        Section 1. Policy. Migratory birds are of great ecological
    and economic value to this country and to other countries. They
    contribute to biological diversity and bring tremendous
    enjoyment to millions of Americans who study, watch, feed, or
    hunt these birds throughout the United States and other
    countries. The United States has recognized the critical
    importance of this shared resource by ratifying international,
    bilateral conventions for the conservation of migratory birds.
    Such conventions include the Convention for the Protection of
    Migratory Birds with Great Britain on behalf of Canada 1916,
    the Convention for the Protection of Migratory Birds and Game
    Mammals-Mexico 1936, the Convention for the Protection of Birds
    and Their Environment- Japan 1972, and the Convention for the
    Conservation of Migratory Birds and Their Environment-Union of
    Soviet Socialist Republics 1978.
        These migratory bird conventions impose substantive
    obligations on the United States for the conservation of
    migratory birds and their habitats, and through the Migratory
    Bird Treaty Act (Act), the United States has implemented these
    migratory bird conventions with respect to the United States.
    This Executive Order directs executive departments and agencies
    to take certain actions to further implement the Act.
        Sec. 2. Definitions. For purposes of this order:
              (a) ``Take'' means take as defined in 50 C.F.R.
            10.12, and includes both ``intentional'' and
            ``unintentional'' take.
              (b) ``Intentional take'' means take that is the
            purpose of the activity in question.
              (c) ``Unintentional take'' means take that results
            from, but is not the purpose of, the activity in
            question.
              (d) ``Migratory bird'' means any bird listed in 50
            C.F.R. 10.13.
              (e) ``Migratory bird resources'' means migratory
            birds and the habitats upon which they depend.
              (f) ``Migratory bird convention'' means,
            collectively, the bilateral conventions (with Great
            Britain/Canada, Mexico, Japan, and Russia) for the
            conservation of migratory bird resources.
              (g) ``Federal agency'' means an executive department
            or agency, but does not include independent
            establishments as defined by 5 U.S.C. 104.
              (h) ``Action'' means a program, activity, project,
            official policy (such as a rule or regulation), or
            formal plan directly carried out by a Federal agency.
            Each Federal agency will further define what the term
            ``action'' means with respect to its own authorities
            and what programs should be included in the agency-
            specific Memoranda of Understanding required by this
            order. Actions delegated to or assumed by nonfederal
            entities, or carried out by nonfederal entities with
            Federal assistance, are not subject to this order. Such
            actions, however, continue to be subject to the
            Migratory Bird Treaty Act.
              (i) ``Species of concern'' refers to those species
            listed in the periodic report ``Migratory Nongame Birds
            of Management Concern in the United States,'' priority
            migratory bird species as documented by established
            plans (such as Bird Conservation Regions in the North
            American Bird Conservation Initiative or Partners in
            Flight physiographic areas), and those species listed
            in 50 C.F.R. 17.11.
        Sec. 3. Federal Agency Responsibilities. (a) Each Federal
    agency taking actions that have, or are likely to have, a
    measurable negative effect on migratory bird populations is
    directed to develop and implement, within 2 years, a Memorandum
    of Understanding (MOU) with the Fish and Wildlife Service
    (Service) that shall promote the conservation of migratory bird
    populations.
        (b) In coordination with affected Federal agencies, the
    Service shall develop a schedule for completion of the MOUs
    within 180 days of the date of this order. The schedule shall
    give priority to completing the MOUs with agencies having the
    most substantive impacts on migratory birds.
        (c) Each MOU shall establish protocols for implementation
    of the MOU and for reporting accomplishments. These protocols
    may be incorporated into existing actions; however, the MOU
    shall recognize that the agency may not be able to implement
    some elements of the MOU until such time as the agency has
    successfully included them in each agency's formal planning
    processes (such as revision of agency land management plans,
    land use compatibility guidelines, integrated resource
    management plans, and fishery management plans), including
    public participation and NEPA analysis, as appropriate. This
    order and the MOUs to be developed by the agencies are intended
    to be implemented when new actions or renewal of contracts,
    permits, delegations, or other third party agreements are
    initiated as well as during the initiation of new, or revisions
    to, land management plans.
        (d) Each MOU shall include an elevation process to resolve
    any dispute between the signatory agencies regarding a
    particular practice or activity.
        (e) Pursuant to its MOU, each agency shall, to the extent
    permitted by law and subject to the availability of
    appropriations and within Administration budgetary limits, and
    in harmony with agency missions:
              (1) support the conservation intent of the migratory
            bird conventions by integrating bird conservation
            principles, measures, and practices into agency
            activities and by avoiding or minimizing, to the extent
            practicable, adverse impacts on migratory bird
            resources when conducting agency actions;
              (2) restore and enhance the habitat of migratory
            birds, as practicable;
              (3) prevent or abate the pollution or detrimental
            alteration of the environment for the benefit of
            migratory birds, as practicable;
              (4) design migratory bird habitat and population
            conservation principles, measures, and practices, into
            agency plans and planning processes (natural resource,
            land management, and environmental quality planning,
            including, but not limited to, forest and rangeland
            planning, coastal management planning, watershed
            planning, etc.) as practicable, and coordinate with
            other agencies and nonfederal partners in planning
            efforts;
              (5) within established authorities and in conjunction
            with the adoption, amendment, or revision of agency
            management plans and guidance, ensure that agency plans
            and actions promote programs and recommendations of
            comprehensive migratory bird planning efforts such as
            Partners-in-Flight, U.S. National Shorebird Plan, North
            American Waterfowl Management Plan, North American
            Colonial Waterbird Plan, and other planning efforts, as
            well as guidance from other sources, including the Food
            and Agricultural Organization's International Plan of
            Action for Reducing Incidental Catch of Seabirds in
            Longline Fisheries;
              (6) ensure that environmental analyses of Federal
            actions required by the NEPA or other established
            environmental review processes evaluate the effects of
            actions and agency plans on migratory birds, with
            emphasis on species of concern;
              (7) provide notice to the Service in advance of
            conducting an action that is intended to take migratory
            birds, or annually report to the Service on the number
            of individuals of each species of migratory birds
            intentionally taken during the conduct of any agency
            action, including but not limited to banding or
            marking, scientific collecting, taxidermy, and
            depredation control;
              (8) minimize the intentional take of species of
            concern by: (i) delineating standards and procedures
            for such take; and (ii) developing procedures for the
            review and evaluation of take actions. With respect to
            intentional take, the MOU shall be consistent with the
            appropriate sections of 50 C.F.R. parts 10, 21, and 22;
              (9) identify where unintentional take reasonably
            attributable to agency actions is having, or is likely
            to have, a measurable negative effect on migratory bird
            populations, focusing first on species of concern,
            priority habitats, and key risk factors. With respect
            to those actions so identified, the agency shall
            develop and use principles, standards, and practices
            that will lessen the amount of unintentional take,
            developing any such conservation efforts in cooperation
            with the Service. These principles, standards, and
            practices shall be regularly evaluated and revised to
            ensure that they are effective in lessening the
            detrimental effect of agency actions on migratory bird
            populations. The agency also shall inventory and
            monitor bird habitat and populations within the
            agency's capabilities and authorities to the extent
            feasible to facilitate decisions about the need for,
            and effectiveness of, conservation efforts;
              (10) within the scope of its statutorily-designated
            authorities, control the import, export, and
            establishment in the wild of live exotic animals and
            plants that may be harmful to migratory bird resources;
              (11) promote research and information exchange
            related to the conservation of migratory bird
            resources, including coordinated inventorying and
            monitoring and the collection and assessment of
            information on environmental contaminants and other
            physical or biological stressors having potential
            relevance to migratory bird conservation. Where such
            information is collected in the course of agency
            actions or supported through Federal financial
            assistance, reasonable efforts shall be made to share
            such information with the Service, the Biological
            Resources Division of the U.S. Geological Survey, and
            other appropriate repositories of such data (e.g, the
            Cornell Laboratory of Ornithology);
              (12) provide training and information to appropriate
            employees on methods and means of avoiding or
            minimizing the take of migratory birds and conserving
            and restoring migratory bird habitat;
              (13) promote migratory bird conservation in
            international activities and with other countries and
            international partners, in consultation with the
            Department of State, as appropriate or relevant to the
            agency's authorities;
              (14) recognize and promote economic and recreational
            values of birds, as appropriate; and
              (15) develop partnerships with non-Federal entities
            to further bird conservation.
        (f) Notwithstanding the requirement to finalize an MOU
    within 2 years, each agency is encouraged to immediately begin
    implementing the conservation measures set forth above in
    subparagraphs (1) through (15) of this section, as appropriate
    and practicable.
        (g) Each agency shall advise the public of the availability
    of its MOU through a notice published in the Federal Register.
        Sec. 4. Council for the Conservation of Migratory Birds.
    (a) The Secretary of Interior shall establish an interagency
    Council for the Conservation of Migratory Birds (Council) to
    oversee the implementation of this order. The Council's duties
    shall include the following: (1) sharing the latest resource
    information to assist in the conservation and management of
    migratory birds; (2) developing an annual report of
    accomplishments and recommendations related to this order; (3)
    fostering partnerships to further the goals of this order; and
    (4) selecting an annual recipient of a Presidential Migratory
    Bird Federal Stewardship Award for contributions to the
    protection of migratory birds.
        (b) The Council shall include representation, at the bureau
    director/administrator level, from the Departments of the
    Interior, State, Commerce, Agriculture, Transportation, Energy,
    Defense, and the Environmental Protection Agency and from such
    other agencies as appropriate.
        Sec. 5. Application and Judicial Review. (a) This order and
    the MOU to be developed by the agencies do not require changes
    to current contracts, permits, or other third party agreements.
        (b) This order is intended only to improve the internal
    management of the executive branch and does not create any
    right or benefit, substantive or procedural, separately
    enforceable at law or equity by a party against the United
    States, its agencies or instrumentalities, its officers or
    employees, or any other person.
                  (6) Asian Elephant Conservation Act of 1997

     Public Law 105-96 [H.R. 1787], 111 Stat. 2150, approved November 19,
      1997; as amended by Public Law 107-141 [Asian Elephant Conservation
    Reauthorization Act of 2002; H.R. 700], 116 Stat. 13, approved February
                                    12, 2002

     AN ACT To assist in the conservation of Asian elephants by supporting
      and providing financial resources for the conservation programs of
      nations within the range of Asian elephants and projects of persons
      with demonstrated expertise in the conservation of Asian elephants.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Asian Elephant Conservation
    Act of 1997''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 4261 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS.

        The Congress finds the following:
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 4261.
    ---------------------------------------------------------------------------
              (1) Asian elephant populations in nations within the
            range of Asian elephants have continued to decline to
            the point that the long-term survival of the species in
            the wild is in serious jeopardy.
              (2) The Asian elephant is listed as an endangered
            species under section 4 of the Endangered Species Act
            of 1973 and under appendix I of the Convention on
            International Trade of Endangered Species of Wild Fauna
            and Flora.
              (3) Because the challenges facing the conservation of
            Asian elephants are so great, resources to date have
            not been sufficient to cope with the continued loss of
            habitat and the consequent diminution of Asian elephant
            populations.
              (4) The Asian elephant is a flagship species for the
            conservation of tropical forest habitats in which it is
            found and provides the consequent benefit from such
            conservation to numerous other species of wildlife
            including many other endangered species.
              (5) Among the threats to the Asian elephant in
            addition to habitat loss are population fragmentation,
            human-elephant conflict, poaching for ivory, meat,
            hide, bones and teeth, and capture for domestication.
              (6) To reduce, remove, or otherwise effectively
            address these threats to the long-term viability of
            populations of Asian elephants in the wild will require
            the joint commitment and effort of nations within the
            range of Asian elephants, the United States and other
            countries, and the private sector.

    SEC. 3.\3\ PURPOSES.

        The purposes of this Act are the following:
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 4262.
    ---------------------------------------------------------------------------
              (1) To perpetuate healthy populations of Asian
            elephants.
              (2) To assist in the conservation and protection of
            Asian elephants by supporting the conservation programs
            of Asian elephant range states and the CITES
            Secretariat.
              (3) To provide financial resources for those
            programs.

    SEC. 4.\4\ DEFINITIONS.

        In this Act:
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 4263.
    ---------------------------------------------------------------------------
              (1) The term ``CITES'' means the Convention on
            International Trade in Endangered Species of Wild Fauna
            and Flora, signed on March 3, 1973, and its appendices.
              (2) The term ``conservation'' means the use of
            methods and procedures necessary to bring Asian
            elephants to the point at which there are sufficient
            populations in the wild to ensure that the species does
            not become extinct, including all activities associated
            with scientific resource management, such as
            conservation, protection, restoration, acquisition, and
            management of habitat; research and monitoring of known
            populations; assistance in the development of
            management plans for managed elephant ranges; CITES
            enforcement; law enforcement through community
            participation; translocation of elephants; conflict
            resolution initiatives; and community outreach and
            education.
              (3) The term ``Fund'' means the account established
            by division A, section 101(e), title I of Public Law
            105-277 under the heading ``multinational species
            conservation fund''.\5\
    ---------------------------------------------------------------------------
        \5\ Sec. 5(a)(1) of the Asian Elephant Conservation Reauthorization
    Act of 2002 (Public Law 107-141; 116 Stat. 14) struck out ``the Asian
    Elephant Conservation Fund established under section 6(a)'' and
    inserted in lieu thereof ``the account established by division A,
    section 101(e), title I of Public Law 105-277 under the heading
    `multinational species conservation fund' ''.
    ---------------------------------------------------------------------------
              (4) The term ``Secretary'' means the Secretary of the
            Interior.
              (5) The term ``Administrator'' means the
            Administrator of the Agency for International
            Development.

    SEC. 5.\6\ ASIAN ELEPHANT CONSERVATION ASSISTANCE.

        (a) In General.--The Secretary, subject to the availability
    of funds and in consultation with the Administrator, shall use
    amounts in the Fund to provide financial assistance for
    projects for the conservation of Asian elephants for which
    final project proposals are approved by the Secretary in
    accordance with this section.
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 4264.
    ---------------------------------------------------------------------------
        (b) Project Proposal.--Any relevant wildlife management
    authority of a nation within the range of Asian elephants whose
    activities directly or indirectly affect Asian elephant
    populations, the CITES Secretariat, or any person with
    demonstrated expertise in the conservation of Asian elephants,
    may submit to the Secretary a project proposal under this
    section. Each proposal shall include the following:
              (1) The name of the individual responsible for
            conducting the project.
              (2) A succinct statement of the purposes of the
            project.
              (3) A description of the qualifications of the
            individuals who will conduct the project.
              (4) An estimate of the funds and time required to
            complete the project.
              (5) Evidence of support of the project by appropriate
            governmental entities of countries in which the project
            will be conducted, if the Secretary determines that the
            support is required for the success of the project.
              (6) Information regarding the source and amount of
            matching funding available to the applicant.
              (7) Any other information the Secretary considers to
            be necessary for evaluating the eligibility of the
            project for funding under this Act.
        (c) Project Review and Approval.--
              (1) In general.--Within 30 days after receiving a
            final project proposal, the Secretary shall provide a
            copy of the proposal to the Administrator. The
            Secretary shall review each final project proposal to
            determine if it meets the criteria set forth in
            subsection (d).
              (2) Consultation; approval or disapproval.--Not later
            than 6 months after receiving a final project proposal,
            and subject to the availability of funds, the
            Secretary, after consulting with the Administrator,
            shall--
                      (A) request written comments on the proposal
                    from each country within which the project is
                    to be conducted;
                      (B) after requesting those comments, approve
                    or disapprove the proposal; and
                      (C) provide written notification of that
                    approval or disapproval to the person who
                    submitted the proposal, the Administrator, and
                    each of those countries.
        (d) Criteria for Approval.--The Secretary may approve a
    final project proposal under this section if the project will
    enhance programs for conservation of Asian elephants by
    assisting efforts to--
              (1) implement conservation programs;
              (2) address the conflicts between humans and
            elephants that arise from competition for the same
            habitat;
              (3) enhance compliance with provisions of CITES and
            laws of the United States or a foreign country that
            prohibit or regulate the taking or trade of Asian
            elephants or regulate the use and management of Asian
            elephant habitat;
              (4) develop sound scientific information on the
            condition of Asian elephant habitat, Asian elephant
            population numbers and trends, or the threats to such
            habitat, numbers, or trends; or
              (5) promote cooperative projects on those topics with
            other foreign governments, affected local communities,
            nongovernmental organizations, or others in the private
            sector.
        (e) Project Sustainability.--To the maximum extent
    practical, in determining whether to approve project proposals
    under this section, the Secretary shall give consideration to
    projects which will enhance sustainable integrated conservation
    development programs to ensure effective, long-term
    conservation of Asian elephants.
        (f) Project Reporting.--Each person who receives assistance
    under this section for a project shall provide periodic
    reports, as the Secretary considers necessary, to the Secretary
    and the Administrator. Each report shall include all
    information required by the Secretary, after consulting with
    the Administrator, for evaluating the progress and success of
    the project.
        (g) Matching Funds.--In determining whether to approve
    project proposals under this section, the Secretary shall give
    priority to those projects for which there exists some measure
    of matching funds.
        (h) Limitation on Use for Captive Breeding.--Amounts
    provided as a grant under this Act may not be used for captive
    breeding of Asian elephants other than for release in the wild.

    SEC. 6.\7\, \8\ ACCEPTANCE AND USE OF DONATIONS.

        The Secretary may accept and use donations to provide
    assistance under section 5. Amounts received by the Secretary
    in the form of donations shall be transferred to the Secretary
    of the Treasury for deposit into the Fund.
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 4265.
        \8\ Sec. 5(a)(2) of the Asian Elephant Conservation Reauthorization
    Act of 2002 (Public Law 107-141; 116 Stat. 14) struck out the sec.
    heading of sec. 6 and all that followed through the heading for subsec.
    (d) and inserted in lieu thereof a new sec. heading. It previously read
    as follows:
    ---------------------------------------------------------------------------

    ``sec. 6. asian elephant conservation fund.
    ---------------------------------------------------------------------------

        ``(a) Establishment.--There is established in the general fund of
    the Treasury a separate account to be known as the `Asian Elephant
    Conservation Fund', which shall consist of amounts deposited into the
    Fund by the Secretary of the Treasury under subsection (b).
        ``(b) Deposits Into the Fund.--The Secretary of the Treasury shall
    deposit into the Fund--
    ---------------------------------------------------------------------------

      ``(1) all amounts received by the Secretary in the form of donations
    under subsection (d); and

      ``(2) other amounts appropriated to the Fund.
    ---------------------------------------------------------------------------

        ``(c) Use.--
    ---------------------------------------------------------------------------

      ``(1) In general.--Subject to paragraph (2), the Secretary may use
    amounts in the Fund without further appropriation to provide assistance
    under section 5.

      ``(2) Administration.--Of amounts in the Fund available for each fiscal
    year, the Secretary may use not more than 3 percent to administer the Fund.
    ---------------------------------------------------------------------------

        ``(d) Acceptance and Use of Donations.--''.
    ---------------------------------------------------------------------------

    SEC. 7.\9\ ADVISORY GROUP.

        (a) In General.--To assist in carrying out this Act, the
    Secretary may convene an advisory group consisting of
    individuals representing public and private organizations
    actively involved in the conservation of Asian elephants.
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 4265a. Sec. 4 of the Asian Elephant Conservation
    Reauthorization Act of 2002 (Public Law 107-141; 116 Stat. 13)
    redesignated sec. 7 as sec. 8 and added a new sec. 7.
    ---------------------------------------------------------------------------
        (b) Public Participation.--
              (1) Meetings.--The Advisory Group shall--
                      (A) ensure that each meeting of the advisory
                    group is open to the public; and
                      (B) provide, at each meeting, an opportunity
                    for interested persons to present oral or
                    written statements concerning items on the
                    agenda.
              (2) Notice.--The Secretary shall provide to the
            public timely notice of each meeting of the advisory
            group.
              (3) Minutes.--Minutes of each meeting of the advisory
            group shall be kept by the Secretary and shall be made
            available to the public.
        (c) Exemption From Federal Advisory Committee Act.--The
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
    to the advisory group.

    SEC. 8.\9\, \10\ AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There is authorized \11\ to be
    appropriated to the Fund $5,000,000 for each of fiscal years
    2001, 2002, 2003, 2004, 2005, 2006, and 2007 \12\ to carry out
    this Act, which may remain available until expended.
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 4266. The Department of Interior and Related
    Agencies Appropriations, 2006 (Public Law 109-54; 119 Stat. 499)
    provided the following:
        ``For expenses necessary to carry out the African Elephant
    Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 221-4225, 4241-4245,
    and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
    96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of
    1994 (16 U.S.C. 5301-5306), the Great Ape Conservation Act of 2000 (16
    U.S.C. 6301), and the Marine Turtle Conservation Act of 2004 (Public
    Law 108-266; 16 U.S.C. 6601), $6,500,000, to remain available until
    expended.''.
        \11\ Sec. 3 of the Asian Elephant Conservation Reauthorization Act
    of 2002 (Public Law 107-141; 116 Stat. 13) struck out ``There are
    authorized'' and inserted in lieu thereof ``(a) In General.--There is
    authorized'', and added a new subsec. (b).
        \12\ Sec. 2 of the Asian Elephant Conservation Reauthorization Act
    of 2002 (Public Law 107-141; 116 Stat. 13) struck out ``1998, 1999,
    2000, 2001, and 2002'' and inserted in lieu thereof ``2001, 2002, 2003,
    2004, 2005, 2006, and 2007''.
    ---------------------------------------------------------------------------
        (b) \11\ Administrative Expenses.--Of amounts available
    each fiscal year to carry out this Act, the Secretary may
    expend not more than 3 percent or $80,000, whichever is
    greater, to pay the administrative expenses necessary to carry
    out this Act.
               (7) Rhinoceros and Tiger Conservation Act of 1998

        Partial text of Public Law 105-312 [H.R. 2807], 112 Stat. 2956,
                           approved October 30, 1998

     AN ACT To clarify restrictions under the Migratory Bird Treaty Act on
     baiting and to facilitate acquisition of migratory bird habitat, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ Except for sec. 401 and sec. 402 set out below, title IV amends
    the Rhinoceros and Tiger Conservation Act of 1994 (Public Law 103-391).
    ---------------------------------------------------------------------------
              * * * * * * *

                TITLE IV--RHINOCEROS AND TIGER CONSERVATION \1\

    SEC. 401.\2\ SHORT TITLE.

        This title may be cited as the ``Rhinoceros and Tiger
    Conservation Act of 1998''.
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 5301 note.
    ---------------------------------------------------------------------------

    SEC. 402.\2\ FINDINGS.

        Congress finds that--
              (1) the populations of all but 1 species of
            rhinoceros, and the tiger, have significantly declined
            in recent years and continue to decline;
              (2) these species of rhinoceros and tiger are listed
            as endangered species under the Endangered Species Act
            of 1973 (16 U.S.C. 1531 et seq.) and listed on Appendix
            I of the Convention on International Trade in
            Endangered Species of Wild Fauna and Flora, signed on
            March 3, 1973 (27 UST 1087; TIAS 8249) (referred to in
            this title as ``CITES'');
              (3) the Parties to CITES have adopted several
            resolutions--
                      (A) relating to the conservation of tigers
                    (Conf. 9.13 (Rev.)) and rhinoceroses (Conf.
                    9.14), urging Parties to CITES to implement
                    legislation to reduce illegal trade in parts
                    and products of the species; and
                      (B) relating to trade in readily recognizable
                    parts and products of the species (Conf. 9.6),
                    and trade in traditional medicines (Conf.
                    10.19), recommending that Parties ensure that
                    their legislation controls trade in those parts
                    and derivatives, and in medicines purporting to
                    contain them;
              (4) a primary cause of the decline in the populations
            of tiger and most rhinoceros species is the poaching of
            the species for use of their parts and products in
            traditional medicines;
              (5) there are insufficient legal mechanisms enabling
            the United States Fish and Wildlife Service to
            interdict products that are labeled or advertised as
            containing substances derived from rhinoceros or tiger
            species and prosecute the merchandisers for sale or
            display of those products; and
              (6) legislation is required to ensure that--
                      (A) products containing, or labeled or
                    advertised as containing, rhinoceros parts or
                    tiger parts are prohibited from importation
                    into, or exportation from, the United States;
                    and
                      (B) efforts are made to educate persons
                    regarding alternatives for traditional medicine
                    products, the illegality of products
                    containing, or labeled or advertised as
                    containing, rhinoceros parts and tiger parts,
                    and the need to conserve rhinoceros and tiger
                    species generally.
              * * * * * * *
               (8) Rhinoceros and Tiger Conservation Act of 1994

     Public Law 103-391 [H.R. 4924], 108 Stat. 4094, approved October 22,
         1994; as amended by Public Law 105-312 [Rhinoceros and Tiger
    Conservation Act of 1998; H.R. 2807], 112 Stat. 2956, approved October
      30, 1998; and Public Law 107-112 [Rhinoceros and Tiger Conservation
       Reauthorization Act of 2001; H.R. 645], 115 Stat. 2097, approved
                                January 8, 2002

       AN ACT To assist in the conservation of rhinoceros and tigers by
       supporting and providing financial resources for the conservation
      programs of nations whose activities directly or indirectly affect
        rhinoceros and tiger populations, and of the CITES Secretariat.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Rhinoceros and Tiger
    Conservation Act of 1994''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 5301 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS.

        The Congress finds the following:
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 5301.
    ---------------------------------------------------------------------------
              (1) The world's rhinoceros population is declining at
            an alarming rate, a 90 percent decline since 1970.
              (2) All 5 subspecies of tiger are currently
            threatened with extinction in the wild, with
            approximately 5,000 to 6,000 tigers remaining
            worldwide.
              (3) All rhinoceros species have been listed on
            Appendix I of CITES since 1977.
              (4) All tiger subspecies have been listed on Appendix
            I of CITES since 1987.
              (5) The tiger and all rhinoceros species, except the
            southern subspecies of white rhinoceros, are listed as
            endangered species under the Endangered Species Act of
            1973 (16 U.S.C. 1531 et seq.).
              (6) In 1987, the parties to CITES adopted a
            resolution that urged all parties to establish a
            moratorium on the sale and trade in rhinoceros products
            (other than legally taken trophies), to destroy
            government stockpiles of rhinoceros horn, and to exert
            pressure on countries continuing to allow trade in
            rhinoceros products.
              (7) On September 7, 1993, under section 8 of the
            Fishermen's Protective Act of 1967 (22 U.S.C. 1978) the
            Secretary certified that the People's Republic of China
            and Taiwan were engaged in trade of rhinoceros parts
            and tiger parts that diminished the effectiveness of an
            international conservation program for that endangered
            species.
              (8) On September 9, 1993, the Standing Committee of
            CITES, in debating the continuing problem of trade in
            rhinoceros horn and tiger parts, adopted a resolution
            urging parties to CITES to implement stricter domestic
            measures, up to and including an immediate prohibition
            in trade in wildlife species.
              (9) On November 8, 1993, under section 8 of the
            Fisherman's Protection Act of 1967 (22 U.S.C. 1978),
            the President announced that the United States would
            impose trade sanctions against China and Taiwan unless
            substantial progress was made by March 1994 towards
            ending trade in rhinoceros and tiger products.
              (10) On April 11, 1994, under section 8 of the
            Fisherman's Protective Act of 1967 (22 U.S.C. 1978),
            the President--
                      (A) directed that imports of wildlife
                    specimens and products from Taiwan be
                    prohibited, in response to Taiwan's failure to
                    undertake sufficient actions to stop illegal
                    rhinoceros and tiger trade; and
                      (B) indicated that the certification of China
                    would remain in effect and directed that
                    additional monitoring of China's progress be
                    undertaken.

    SEC. 3.\3\ PURPOSES.

        The purposes of this Act are the following:
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 5302.
    ---------------------------------------------------------------------------
              (1) To assist in the conservation of rhinoceros and
            tigers by supporting the conservation programs of
            nations whose activities directly or indirectly affect
            rhinoceros and tiger populations, and the CITES
            Secretariat.
              (2) To provide financial resources for those
            programs.
              (3) \4\ To prohibit the sale, importation, and
            exportation of products intended for human consumption
            or application containing, or labeled or advertised as
            containing, any substance derived from any species of
            rhinoceros or tiger.
    ---------------------------------------------------------------------------
        \4\ Sec. 403 of the Rhinoceros and Tiger Conservation Act of 1998
    (Public Law 105-312; 112 Stat. 2959) added para. (3).
    ---------------------------------------------------------------------------

    SEC. 4.\5\ DEFINITIONS.

        In this Act--
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 5303.
    ---------------------------------------------------------------------------
              (1) ``CITES'' means the Convention on International
            Trade in Endangered Species of Wild Fauna and Flora,
            signed on March 3, 1973, and its appendices;
              (2) ``conservation'' means the use of all methods and
            procedures necessary to bring rhinoceros and tigers to
            the point at which there are sufficient populations to
            ensure that those species do not become extinct,
            including all activities associated with scientific
            resource management, such as research, census, law
            enforcement, habitat protection, acquisition, and
            management, propagation, live trapping, and
            transportation;
              (3) ``Fund'' means the the \6\ account established by
            division A, section 101(e), title I of Public Law 105-
            277 under the heading ``multinational species
            conservation fund''; \7\
    ---------------------------------------------------------------------------
        \6\ As enrolled; should probably read ``the''.
        \7\ Sec. 6(a)(1) of the Rhinoceros and Tiger Conservation
    Reauthorization Act of 2001 (Public Law 107-112; 115 Stat. 2098) struck
    out ``Rhinoceros and Tiger Conservation Fund established under section
    6(a)'' and inserted in lieu thereof ``the account established by
    division A, section 101(e), title I of Public Law 105-277 under the
    heading `multinational species conservation fund' ''.
    ---------------------------------------------------------------------------
              (4) ``Secretary'' means the Secretary of the
            Interior; \8\
    ---------------------------------------------------------------------------
        \8\ Sec. 404 of the Rhinoceros and Tiger Conservation Act of 1998
    (Public Law 105-312; 112 Stat. 2961) struck out ``and'' at the end of
    para. (4), struck out a period at the end of para. (5) and inserted in
    lieu thereof ``; and'', and added a new para. (6).
    ---------------------------------------------------------------------------
              (5) ``Administrator'' means the Administrator of the
            Agency for International Development; and \8\
              (6) \8\ ``person'' means--
                      (A) an individual, corporation, partnership,
                    trust, association, or other private entity;
                      (B) an officer, employee, agent, department,
                    or instrumentality of--
                              (i) the Federal Government;
                              (ii) any State, municipality, or
                            political subdivision of a State; or
                              (iii) any foreign government;
                      (C) a State, municipality, or political
                    subdivision of a State; or
                      (D) any other entity subject to the
                    jurisdiction of the United States.

    SEC. 5.\9\ RHINOCEROS AND TIGER CONSERVATION ASSISTANCE.

        (a) In General.--The Secretary, subject to the availability
    of appropriations and in consultation with the Administrator,
    shall use amounts in the Fund to provide financial assistance
    for projects for the conservation of rhinoceros and tigers.
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 5304.
    ---------------------------------------------------------------------------
        (b) Project Proposal.--A country whose activities directly
    or indirectly affect rhinoceros or tiger populations, the CITES
    Secretariat, or any other person may submit to the Secretary a
    project proposal under this section. Each proposal shall--
              (1) name the individual responsible for conducting
            the project;
              (2) state the purposes of the project succinctly;
              (3) describe the qualifications of the individuals
            who will conduct the project;
              (4) estimate the funds and time required to complete
            the project;
              (5) provide evidence of support of the project by
            appropriate governmental entities of countries in which
            the project will be conducted, if the Secretary
            determines that the support is required for the success
            of the project; and
              (6) provide any other information the Secretary
            considers to be necessary for evaluating the
            eligibility of the project for funding under this Act.
        (c) Project Review and Approval.--Within 30 days of
    receiving a final project proposal, the Secretary shall provide
    a copy of the proposal to the Administrator. The Secretary
    shall review each final project proposal to determine if it
    meets the criteria set forth in subsection (d). Not later than
    6 months after receiving a final project proposal, and subject
    to the availability of funds, the Secretary, after consulting
    with the Administrator, shall approve or disapprove the
    proposal and provide written notification to the person who
    submitted the proposal, to the Administrator, and to each
    country within which the project is to be conducted.
        (d) Criteria for Approval.--The Secretary may approve a
    project under this section if the project will enhance programs
    for conservation of rhinoceros or tigers by assisting efforts
    to--
              (1) implement conservation programs;
              (2) enhance compliance with provisions of CITES and
            laws of the United States or a foreign country that
            prohibit or regulate the taking or trade of rhinoceros
            or tigers or the use of rhinoceros or tiger habitat; or
              (3) develop sound scientific information on that
            species' habitat condition and carrying capacity, total
            numbers and population trends, or annual reproduction
            and mortality.
        (e) \10\ Project Sustainability.--To the maximum extent
    practical, in determining whether to approve project proposals
    under this section, the Secretary shall give consideration to
    projects which will enhance sustainable conservation programs
    to ensure effective long-term conservation of rhinoceros and
    tigers.
    ---------------------------------------------------------------------------
        \10\ Sec. 5 of the Rhinoceros and Tiger Conservation
    Reauthorization Act of 2001 (Public Law 107-112, 115 Stat. 2098)
    amended and restated subsec. (e). It previously read as follows:
        ``(e) Project Sustainability.--To the maximum extent practical, the
    Secretary should give consideration to projects which will enhance
    sustainable development programs to ensure effective, long-term
    conservation of rhinoceros and tigers.''.
    ---------------------------------------------------------------------------
        (f) Project Reporting.--Each person that receives
    assistance under this section for a project shall provide
    periodic reports, as the Secretary considers necessary, to the
    Secretary and the Administrator. Each report shall include all
    information requested by the Secretary, after consulting with
    the Administrator, for evaluating the progress and success of
    the project.

    SEC. 6.\11\ ACCEPTANCE AND USE OF DONATIONS.

        The Secretary may accept and use donations to provide
    assistance under section 5. Amounts received by the Secretary
    in the form of donations shall be transferred to the Secretary
    of the Treasury for deposit into the Fund.
    ---------------------------------------------------------------------------
        \11\ 16 U.S.C. 5305. Sec. 6(a)(2) of the Rhinoceros and Tiger
    Conservation Reauthorization Act of 2001 (Public Law 107-112, 115 Stat.
    2098) struck out the section catchline in sec. 6 and all that followed
    through the subsec. heading in subsec. (d) and inserted in lieu thereof
    a new section heading. The section previously read as follows:
    ---------------------------------------------------------------------------

    ``sec. 6. rhinoceros and tiger conservation fund.
    ---------------------------------------------------------------------------

        ``(a) Establishment.--There is established in the general fund of
    the Treasury a separate account to be known as the `Rhinoceros and
    Tiger Conservation Fund', which shall consist of amounts deposited into
    the Fund by the Secretary of the Treasury under subsection (b).
        ``(b) Deposits Into the Fund.--The Secretary of the Treasury shall
    deposit into the Fund--
    ---------------------------------------------------------------------------

      ``(1) all amounts received by the Secretary in the form of donations
    under subsection (d); and

      ``(2) other amounts appropriated to the Fund.
    ---------------------------------------------------------------------------

        ``(c) Use.--
    ---------------------------------------------------------------------------

      ``(1) In general.--Subject to paragraph (2), the Secretary may use
    amounts in the Fund without further appropriation to provide assistance
    under section 5.

      ``(2) Administration.--Of amounts in the Fund available for each fiscal
    year, the Secretary may use not more than 3 percent to administer the Fund.
    ---------------------------------------------------------------------------

        ``(d) Acceptance and Use of Donations.--''.
    ---------------------------------------------------------------------------

    SEC. 7.\12\ PROHIBITION ON SALE, IMPORTATION, OR EXPORTATION OF
                        PRODUCTS LABELED OR ADVERTISED AS RHINOCEROS OR
                        TIGER PRODUCTS.
    ---------------------------------------------------------------------------

        \12\ 16 U.S.C. 5305a. Sec. 405 of the Rhinoceros and Tiger
    Conservation Act of 1998 (Public Law 105-312; 112 Stat. 2961)
    redesignated sec. 7 as sec. 9 and added a new sec. 7. Sec. 4 of the
    Rhinoceros and Tiger Conservation Reauthorization Act of 2001 (Public
    Law 107-112, 115 Stat. 2097) further redesignated sec. 9, as
    redesignated, as sec. 10.
    ---------------------------------------------------------------------------
        (a) Prohibition.--A person shall not sell, import, or
    export, or attempt to sell, import, or export, any product,
    item, or substance intended for human consumption or
    application containing, or labeled or advertised as containing,
    any substance derived from any species of rhinoceros or tiger.
        (b) Penalties.--
              (1) Criminal penalty.--A person engaged in business
            as an importer, exporter, or distributor that knowingly
            violates subsection (a) shall be fined under title 18,
            United States Code, imprisoned not more than 6 months,
            or both.
              (2) Civil penalties.--
                      (A) In general.--A person that knowingly
                    violates subsection (a), and a person engaged
                    in business as an importer, exporter, or
                    distributor that violates subsection (a), may
                    be assessed a civil penalty by the Secretary of
                    not more than $12,000 for each violation.
                      (B) Manner of assessment and collection.--A
                    civil penalty under this paragraph shall be
                    assessed, and may be collected, in the manner
                    in which a civil penalty under the Endangered
                    Species Act of 1973 may be assessed and
                    collected under section 11(a) of that Act (16
                    U.S.C. 1540(a)).
        (c) Products, Items, and Substances.--Any product, item, or
    substance sold, imported, or exported, or attempted to be sold,
    imported, or exported, in violation of this section or any
    regulation issued under this section shall be subject to
    seizure and forfeiture to the United States.
        (d) Regulations.--After consultation with the Secretary of
    the Treasury, the Secretary of Health and Human Services, and
    the United States Trade Representative, the Secretary shall
    issue such regulations as are appropriate to carry out this
    section.
        (e) Enforcement.--The Secretary, the Secretary of the
    Treasury, and the Secretary of the department in which the
    Coast Guard is operating shall enforce this section in the
    manner in which the Secretaries carry out enforcement
    activities under section 11(e) of the Endangered Species Act of
    1973 (16 U.S.C. 1540(e)).
        (f) Use of Penalty Amounts.--Amounts received as penalties,
    fines, or forfeiture of property under this section shall be
    used in accordance with section 6(d) of the Lacey Act
    Amendments of 1981 (16 U.S.C. 3375(d)).

    SEC. 8.\13\ EDUCATIONAL OUTREACH PROGRAM.

        (a) In General.--Not later than 180 days after the date of
    enactment of this section, the Secretary shall develop and
    implement an educational outreach program in the United States
    for the conservation of rhinoceros and tiger species.
    ---------------------------------------------------------------------------
        \13\ 16 U.S.C. 5305b. Sec. 406 of the Rhinoceros and Tiger
    Conservation Act of 1998 (Public Law 105-312; 112 Stat. 2961) added
    sec. 8.
    ---------------------------------------------------------------------------
        (b) Guidelines.--The Secretary shall publish in the Federal
    Register guidelines for the program.
        (c) Contents.--Under the program, the Secretary shall
    publish and disseminate information regarding--
              (1) laws protecting rhinoceros and tiger species, in
            particular laws prohibiting trade in products
            containing, or labeled or advertised as containing,
            their parts;
              (2) use of traditional medicines that contain parts
            or products of rhinoceros and tiger species, health
            risks associated with their use, and available
            alternatives to the medicines; and
              (3) the status of rhinoceros and tiger species and
            the reasons for protecting the species.

    SEC. 9.\14\ ADVISORY GROUP.

        (a) In General.--To assist in carrying out this Act, the
    Secretary may convene an advisory group consisting of
    individuals representing public and private organizations
    actively involved in the conservation of rhinoceros and tiger
    species.
    ---------------------------------------------------------------------------
        \14\ 16 U.S.C. 5305c. Sec. 4 of the Rhinoceros and Tiger
    Conservation Reauthorization Act of 2001 (Public Law 107-112, 115 Stat.
    2097) added sec. 9.
    ---------------------------------------------------------------------------
        (b) Public Participation.--
              (1) Meetings.--The Advisory Group shall--
                      (A) ensure that each meeting of the advisory
                    group is open to the public; and
                      (B) provide, at each meeting, an opportunity
                    for interested persons to present oral or
                    written statements concerning items on the
                    agenda.
              (2) Notice.--The Secretary shall provide to the
            public timely notice of each meeting of the advisory
            group.
              (3) Minutes.--Minutes of each meeting of the advisory
            group shall be kept by the Secretary and shall be made
            available to the public.
        (c) Exemption From Federal Advisory Committee Act.--The
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
    to the advisory group.

    SEC. 10.\12\, \15\ AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There is authorized \16\ to be
    appropriated to the Fund $10,000,000 for each of fiscal years
    2001, 2002, 2003, 2004, 2005, 2006, and 2007 \17\ to carry out
    this Act, to remain available until expended.
    ---------------------------------------------------------------------------
        \15\ 16 U.S.C. 5306. The Department of Interior and Related
    Agencies Appropriations, 2006 (Public Law 109-54; 119 Stat. 499),
    provided the following:
        ``For expenses necessary to carry out the African Elephant
    Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 221-4225, 4241-4245,
    and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
    96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of
    1994 (16 U.S.C. 5301-5306), the Great Ape Conservation Act of 2000 (16
    U.S.C. 6301), and the Marine Turtle Conservation Act of 2004 (Public
    Law 108-266; 16 U.S.C. 6601), $6,500,000, to remain available until
    expended.''.
        \16\ Sec. 3 of the Rhinoceros and Tiger Conservation
    Reauthorization Act of 2001 (Public Law 107-112; 115 Stat. 2097) struck
    out ``There are authorized'' and inserted in lieu thereof ``(a) In
    General.--There is authorized'' and added a new subsec. (b).
        \17\ Sec. 2 of the Rhinoceros and Tiger Conservation
    Reauthorization Act of 2001 (Public Law 107-112; 115 Stat. 2097) struck
    out ``1996 through 2002'' and inserted in lieu thereof ``2001, 2002,
    2003, 2004, 2005, 2006, and 2007''. Previously, sec. 407 of the
    Rhinoceros and Tiger Conservation Act of 1998 (Public Law 105-312; 112
    Stat. 2961) struck out ``1996, 1997, 1998, 1999, and 2000'' and
    inserted in lieu thereof ``1996 through 2002''.
    ---------------------------------------------------------------------------
        (b) \16\ Administrative Expenses.--Of amounts available
    each fiscal year to carry out this Act, the Secretary may
    expend not more than 3 percent or $80,000, whichever is
    greater, to pay the administrative expenses necessary to carry
    out this Act.
                 (9) Wild Exotic Bird Conservation Act of 1992

      Partial text of Public Law 102-440 [Wild Exotic Bird Conservation,
         Great Lakes Fish and Wildlife Tissue Bank, Fish and Wildlife
     Conservation, and African Elephant Conservation Act; H.R. 5013], 106
                     Stat. 2224, approved October 23, 1992

    AN ACT To promote the conservation of wild exotic birds, to provide for
    the Great Lakes Fish and Wildlife Tissue Bank, to reauthorize the Fish
       and Wildlife Conservation Act of 1980, to reauthorize the African
               Elephant Conservation Act, and for other purposes.

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

                     TITLE I--WILD EXOTIC BIRD CONSERVATION

    SEC. 101.\1\ SHORT TITLE.

        This title may be cited as the ``Wild Bird Conservation Act
    of 1992''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 4901 note.
    ---------------------------------------------------------------------------

    SEC. 102.\2\ FINDINGS.

        The Congress finds the following:
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 4901.
    ---------------------------------------------------------------------------
              (1) In addition to habitat loss and local use, the
            international pet trade in wild-caught exotic birds is
            contributing to the decline of species in the wild, and
            the mortality associated with the trade remains
            unacceptably high.
              (2) The United States, as the world's largest
            importer of exotic birds and as a Party to the
            Convention, should play a substantial role in finding
            effective solutions to these problems, including
            assisting countries of origin in implementing programs
            of wild bird conservation, and ensuring that the market
            in the United States for exotic birds does not operate
            to the detriment of the survival of species in the
            wild.
              (3) Sustainable utilization of exotic birds has the
            potential to create economic value in them and their
            habitats, which will contribute to their conservation
            and promote the maintenance of biological diversity
            generally.
              (4) Utilization of exotic birds that is not
            sustainable should not be allowed.
              (5) Broad international attention has focused on the
            serious conservation and welfare problems which
            currently exist in the trade in wild-caught animals,
            including exotic birds.
              (6) Many countries have chosen not to export their
            wild birds for the pet trade. Their decisions should be
            respected and their efforts should be supported.
              (7) Several countries that allow for the export of
            their wild birds often lack the means to develop or
            effectively implement scientifically based management
            plans, and these countries should be assisted in
            developing and implementing management plans to enable
            them to ensure that their wild bird trade is conducted
            humanely and at sustainable levels.
              (8) The major exotic bird exporting countries are
            Parties to the Convention.
              (9) The Convention recognizes that trade in species
            that are threatened with extinction, or that may become
            so, should be subject to strict regulation.
              (10) The necessary population assessments, monitoring
            programs, and appropriate remedial measures for species
            listed in Appendix II of the Convention are not always
            being undertaken in order to maintain species at levels
            above which they might become eligible for inclusion in
            Appendix I of the Convention.
              (11) Resolutions adopted pursuant to the Convention
            recommend that the Parties to the Convention take
            appropriate measures regarding trade in species of
            exotic birds that have significantly high mortality
            rates in transport, including suspension of trade for
            commercial purposes between Parties when appropriate.
              (12) Article XIV provides that the Convention in no
            way affects the right of any Party to the Convention to
            adopt stricter domestic measures for the regulation of
            trade in all species, whether or not listed in an
            Appendix to the Convention.
              (13) The United States prohibits the export of all
            birds native to the United States that are caught in
            the wild.
              (14) This title provides a series of
            nondiscriminatory measures that are necessary for the
            conservation of exotic birds, and furthers the
            obligations of the United States under the Convention.

    SEC. 103.\3\ STATEMENT OF PURPOSE.

        The purpose of this title is to promote the conservation of
    exotic birds by--
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 4902.
    ---------------------------------------------------------------------------
              (1) assisting wild bird conservation and management
            programs in the countries of origin of wild birds;
              (2) ensuring that all trade in species of exotic
            birds involving the United States is biologically
            sustainable and is not detrimental to the species;
              (3) limiting or prohibiting imports of exotic birds
            when necessary to ensure that--
                      (A) wild exotic bird populations are not
                    harmed by removal of exotic birds from the wild
                    for the trade; or
                      (B) exotic birds in trade are not subject to
                    inhumane treatment; and
              (4) encouraging and supporting effective
            implementation of the Convention.

    SEC. 104.\4\ DEFINITIONS.

        In this title--
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 4903.
    ---------------------------------------------------------------------------
              (1) The term ``Convention'' means the Convention on
            International Trade in Endangered Species of Wild Fauna
            and Flora, as amended, signed in Washington on March 3,
            1973, and the Appendices thereto.
              (2) The term ``exotic bird''--
                      (A) means any live or dead member of the
                    class Aves that is not indigenous to the 50
                    States or the District of Columbia, including
                    any egg or offspring thereof; and
                      (B) does not include--
                              (i) domestic poultry, dead sport-
                            hunted birds, dead museum specimens,
                            dead scientific specimens, or products
                            manufactured from such birds; or
                              (ii) birds in the following families:
                            Phasianidae, Numididae, Cracidae,
                            Meleagrididae, Megapodiidae, Anatidae,
                            Struthionidae, Rheidae, Dromaiinae, and
                            Gruidae.
              (3) Each of the terms ``import'' and ``importation''
            means to land on, bring into, or introduce into, or
            attempt to land on, bring into, or introduce into, any
            place subject to the jurisdiction of the United States.
              (4) The term ``person'' means an individual,
            corporation, partnership, trust, association, or any
            other private entity; or any officer, employee, agent,
            department, or instrumentality of the Federal
            Government, of any State, municipality, or political
            subdivision of a State, or of any foreign government;
            any State, municipality, or political subdivision of a
            State; or any other entity subject to the jurisdiction
            of the United States.
              (5) The term ``qualifying facility'' means an exotic
            bird breeding facility that is included in a list
            published by the Secretary under section 107.
              (6) The term ``Secretary'' means the Secretary of the
            Interior or a designee of the Secretary of the
            Interior.
              (7) The term ``species''--
                      (A) means any species, any subspecies, or any
                    distinct population segment of a species or
                    subspecies; and
                      (B) includes hybrids of any species or
                    subspecies.
              (8) The term ``United States'' means the 50 States,
            the District of Columbia, the Commonwealth of Puerto
            Rico, American Samoa, the Virgin Islands, Guam, the
            Commonwealth of the Northern Mariana Islands, and the
            Trust Territory of the Pacific Islands.

    SEC. 105.\5\ MORATORIA ON IMPORTS OF EXOTIC BIRDS COVERED BY
                        CONVENTION.

        (a) Immediate Moratorium.--
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 4904.
    ---------------------------------------------------------------------------
              (1) Establishment of moratorium.--The importation of
            any exotic bird of a species identified as a category B
            species in the report entitled ``Report of the Animals
            Committee'', adopted by the 8th meeting of the
            Conference of the Parties to the Convention, is
            prohibited.
              (2) Termination of moratorium.--A species of exotic
            birds shall be subject to the prohibition on
            importation established by paragraph (1) until the
            Secretary, after notice and an opportunity for public
            comment--
                      (A) determines that appropriate remedial
                    measures have been taken in the countries of
                    origin for that species, so as to eliminate the
                    threat of trade to the conservation of the
                    species; and
                      (B) makes the findings described in section
                    106(c) for the species and includes the species
                    in the list published under section 106(a).
        (b) Emergency Authority To Suspend Imports of Listed
    Species.--
              (1) Authority to suspend imports.--The Secretary is
            authorized to suspend the importation of exotic birds
            of any species that is listed in any Appendix to the
            Convention, and if applicable remove the species from
            the list under section 106(a), if the Secretary
            determines that--
                      (A)(i) trade in that species is detrimental
                    to the species,
                      (ii) there is not sufficient information
                    available on which to base a judgment that the
                    species is not detrimentally affected by trade
                    in that species, or
                      (iii) remedial measures have been recommended
                    by the Standing Committee of the Convention
                    that have not been implemented; and
                      (B) the suspension might be necessary for the
                    conservation of the species.
              (2) Termination of suspension.--A species of exotic
            birds shall be subject to a suspension of importation
            under paragraph (1) until the Secretary, after notice
            and an opportunity for public comment, makes the
            findings described in section 106(c) and includes the
            species in the list published under section 106(a).
        (c) Moratorium After One Year for Other Species Listed in
    Appendices.--Effective on the date that is one year after the
    date of the enactment of this Act, the importation of any
    exotic bird of a species that is listed in any Appendix to the
    Convention is prohibited unless the Secretary makes the
    findings described in section 106(c) and includes the species
    in the list published under section 106(a).
        (d) Limitation on Number Imported During First Year.--
    Notwithstanding any other provision of this Act, the Secretary
    shall prohibit the importation, during the 1-year period
    beginning on the date of the enactment of this Act, of exotic
    birds of each species that is listed under any Appendix to the
    Convention in excess of the number of that species that were
    imported during the most recent year for which the Secretary
    has complete import data.

    SEC. 106.\6\ LIST OF APPROVED SPECIES.

        (a) Listing.--
    ---------------------------------------------------------------------------
        \6\ 16 U.S.C. 4905.
    ---------------------------------------------------------------------------
              (1) In general.--One year after the date of enactment
            of this Act and periodically thereafter, the Secretary
            shall, after notice and an opportunity for public
            comment, publish in the Federal Register a list of
            species of exotic birds that are listed in an Appendix
            to the Convention and that are not subject to a
            prohibition or suspension of importation otherwise
            applicable under section 105 (a), (b), or (c).
              (2) Manner of listing.--The Secretary shall list a
            species under paragraph (1) with respect to--
                      (A) the countries of origin from which the
                    species may be imported; and
                      (B) if appropriate, the qualifying facilities
                    in those countries from which the species may
                    be imported.
              (3) Bases for determinations.--In making a
            determination required under this subsection, the
            Secretary shall--
                      (A) use the best scientific information
                    available; and
                      (B) consider the adequacy of regulatory and
                    enforcement mechanisms in all countries of
                    origin for the species, including such
                    mechanisms for control of illegal trade.
        (b) Captive Bred Species.--The Secretary shall include a
    species of exotic birds in the list under subsection (a) if the
    Secretary determines that--
              (1) the species is regularly bred in captivity and no
            wild-caught birds of the species are in trade; or
              (2) the species is bred in a qualifying facility.
        (c) Non-Captive Bred Species.--The Secretary shall include
    in the list under subsection (a) a species of exotic birds that
    is listed in an Appendix to the Convention if the Secretary
    finds the Convention is being effectively implemented with
    respect to that species because of each of the following:
              (1) Each country of origin for which the species is
            listed is effectively implementing the Convention,
            particularly with respect to--
                      (A) the establishment of a scientific
                    authority or other equivalent authority;
                      (B) the requirements of Article IV of the
                    Convention with respect to that species; and
                      (C) remedial measures recommended by the
                    Parties to the Convention with respect to that
                    species.
              (2) A scientifically-based management plan for the
            species has been developed which--
                      (A) provides for the conservation of the
                    species and its habitat and includes incentives
                    for conservation;
                      (B) ensures that the use of the species is
                    biologically sustainable and maintained
                    throughout the range of the species in the
                    country to which the plan applies at a level
                    that is consistent with the role of the species
                    in the ecosystem and is well above the level at
                    which the species might become threatened with
                    extinction; and
                      (C) addresses factors relevant to the
                    conservation of the species, including illegal
                    trade, domestic trade, subsistence use,
                    disease, and habitat loss.
              (3) The management plan is implemented and enforced.
              (4) The methods of capture, transport, and
            maintenance of the species minimizes the risk of injury
            or damage to health, including inhumane treatment.

    SEC. 107.\7\ QUALIFYING FACILITIES.

        (a) Determination.--Upon submission of a petition under
    section 110 by any person, the Secretary shall determine
    whether an exotic bird breeding facility is a qualifying
    facility. Such determination shall be effective for a period
    specified by the Secretary, which may not exceed 3 years. The
    Secretary shall, from time to time, publish a list of
    qualifying facilities in the Federal Register.
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 4906.
    ---------------------------------------------------------------------------
        (b) Criteria.--The Secretary shall determine under
    subsection (a) that a facility is a qualifying facility for a
    species of exotic birds if the Secretary finds each of the
    following:
              (1) The facility has demonstrated the capability of
            producing captive bred birds of the species in the
            numbers to be imported into the United States from that
            facility.
              (2) The facility is operated in a manner that is not
            detrimental to the survival of the species in the wild.
              (3) The facility is operated in a humane manner.
              (4) The appropriate governmental authority of the
            country in which the facility is located has certified
            in writing, and the Secretary is satisfied, that the
            facility has the capability of breeding the species in
            captivity.
              (5) The country in which the facility is located is a
            Party to the Convention.
              (6) All birds exported from the facility are bred at
            the facility.

    SEC. 108.\8\ MORATORIA FOR SPECIES NOT COVERED BY CONVENTION.

        (a) In General.--The Secretary shall--
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 4907.
    ---------------------------------------------------------------------------
              (1) review periodically the trade in species of
            exotic birds that are not listed in any Appendix to the
            Convention; and
              (2) after notice and an opportunity for public
            comment, establish a moratorium or quota on--
                      (A) importation of any species of exotic
                    birds from one or more countries of origin for
                    the species, if the Secretary determines that--
                              (i) the findings described in section
                            106(c) (2), (3), and (4) cannot be made
                            with respect to the species; and
                              (ii) the moratorium or quota is
                            necessary for the conservation of the
                            species or is otherwise consistent with
                            the purpose of this title; or
                      (B) the importation of all species of exotic
                    birds from a particular country, if--
                              (i) the country has not developed and
                            implemented a management program for
                            exotic birds in trade generally, that
                            ensures both the conservation and the
                            humane treatment of exotic birds during
                            capture, transport, and maintenance;
                            and
                              (ii) the Secretary finds that the
                            moratorium or quota is necessary for
                            the conservation of the species or is
                            otherwise consistent with the purpose
                            of this title.
        (b) Termination of Quota or Moratorium.--The Secretary
    shall terminate a quota or moratorium established under
    subsection (a) if the Secretary finds that the reasons for
    establishing the quota or moratorium no longer exist.

    SEC. 109.\9\ CALL FOR INFORMATION.

        Within one month after the date of the enactment of this
    Act, the Secretary shall issue a call for information on the
    wild bird conservation program of each country that exports
    exotic birds, by--
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 4908.
    ---------------------------------------------------------------------------
              (1) publishing a notice in the Federal Register
            requesting submission of such information to the
            Secretary by all interested persons; and
              (2) submitting a written request for such information
            through the Secretary of State to each country that
            exports exotic birds.

    SEC. 110.\10\ PETITIONS.

        (a) In General.--Any person may at any time submit to the
    Secretary a petition in writing requesting that the Secretary
    exercise authority of the Secretary under this title to--
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 4909.
    ---------------------------------------------------------------------------
              (1) establish, modify, or terminate any prohibition,
            suspension, or quota under this title on importation of
            any species of exotic bird;
              (2) add a species of exotic bird to, or remove such a
            species from, a list under section 106; or
              (3) determine under section 107 whether an exotic
            bird breeding facility is a qualifying facility.
        (b) Consideration and Ruling.--For each petition submitted
    to the Secretary in accordance with subsection (a), the
    Secretary shall--
              (1) within 90 days after receiving the petition,
            issue and publish in the Federal Register a preliminary
            ruling regarding whether the petition presents
            sufficient information indicating that the action
            requested in the petition might be warranted; and
              (2) for each petition determined to present such
            sufficient information--
                      (A) provide an opportunity for the submission
                    of public comment on the petition; and
                      (B) issue and publish in the Federal Register
                    a final ruling on the petition, by not later
                    than 90 days after the end of the period for
                    public comment.

    SEC. 111.\11\ PROHIBITED ACTS.

        (a) Prohibitions.--
    ---------------------------------------------------------------------------
        \11\ 16 U.S.C. 4910.
    ---------------------------------------------------------------------------
              (1) In general.--Subject to paragraph (2), it is
            unlawful for any person to--
                      (A) import any exotic bird in violation of
                    any prohibition, suspension, or quota on
                    importation under section 105 or 108;
                      (B) import an exotic bird of a species that
                    pursuant to section 106(a)(2)(B) is included in
                    a list under section 106, if the bird was not
                    captive bred at a qualifying facility; or
                      (C) violate any regulation promulgated by the
                    Secretary pursuant to authority provided by
                    this title.
              (2) Limitation.--Paragraph (1) (A) and (B) does not
            apply to importations made incident to the transit of
            exotic birds through the United States to foreign
            countries if the applicable requirements of the
            Convention have been satisfied with respect to the
            trade in those exotic birds.
        (b) Burden of Proof for Exemptions.--Any person claiming
    the benefit of any exemption or permit under this title shall
    have the burden of proving that the exemption or permit is
    applicable or has been granted, and was valid and in force at
    the time of the alleged violation.

    SEC. 112.\12\ EXEMPTIONS.

        Notwithstanding any prohibition, suspension, or quota under
    this title on the importation of a species of exotic bird, the
    Secretary may, through the issuance of import permits,
    authorize the importation of a bird of the species if the
    Secretary determines that such importation is not detrimental
    to the survival of the species and the bird is being imported
    exclusively for any of the following purposes:
    ---------------------------------------------------------------------------
        \12\ 16 U.S.C. 4911.
    ---------------------------------------------------------------------------
              (1) Scientific research.
              (2) As a personally owned pet of an individual who is
            returning to the United States after being continuously
            out of the country for a minimum of one year, except
            that an individual may not import more than 2 exotic
            birds under this paragraph in any year.
              (3) Zoological breeding or display programs.
              (4) Cooperative breeding programs that are--
                      (A) designed to promote the conservation of
                    the species and maintain the species in the
                    wild by enhancing the propagation and survival
                    of the species; and
                      (B) developed and administered by, or in
                    conjunction with, an avicultural, conservation,
                    or zoological organization that meets standards
                    developed by the Secretary.

    SEC. 113.\13\ PENALTIES AND REGULATIONS.

        (a) Penalties.--
    ---------------------------------------------------------------------------
        \13\ 16 U.S.C. 4912.
    ---------------------------------------------------------------------------
              (1) Civil penalties.--
                      (A) Any person who knowingly violates, and
                    any person engaged in business as an importer
                    of exotic birds who violates, section 111(a)
                    (1) or (2) or any permit issued under section
                    112 may be assessed a civil penalty by the
                    Secretary of not more than $25,000 for each
                    violation.
                      (B) Any person who knowingly violates, and
                    any person engaged in business as an importer
                    of exotic birds who violates, section 111(a)(3)
                    may be assessed a civil penalty by the
                    Secretary of not more than $12,000 for each
                    such violation.
                      (C) Any person who otherwise violates section
                    111(a) or any permit issued under section 112
                    may be assessed a civil penalty by the
                    Secretary of not more than $500 for each such
                    violation.
                      (D) A civil penalty under this section shall
                    be assessed, and may be collected, in the
                    manner in which a civil penalty under the Act
                    of December 28, 1973 (Public Law 93-205), may
                    be assessed and collected under section 111(a)
                    \14\ of that Act.
    ---------------------------------------------------------------------------
        \14\ So in original. Probably should be ``section 11(a)''.
    ---------------------------------------------------------------------------
              (2) Criminal penalties.--
                      (A) Any person who knowingly violates, and
                    any person engaged in business as an importer
                    of exotic birds who violates, section 111(a)
                    (1) or (2) or any permit issued under section
                    112 shall be fined under title 18, United
                    States Code, or imprisoned for not more than 2
                    years, or both.
                      (B) Any person who knowingly violates section
                    111(a)(3) shall be fined under title 18, United
                    States Code, imprisoned not more than 6 months,
                    or both.
        (b) District Court Jurisdiction.--The several district
    courts of the United States, including the courts enumerated in
    section 460 of title 28, United States Code, shall have
    jurisdiction over any action arising under this title. For the
    purposes of this title, American Samoa shall be included in the
    Judicial District of the District Court of the United States
    for the District of Hawaii, and the Trust Territory of Palau
    and the Northern Marianas shall be included in the Judicial
    District of the District Court of the United States for the
    District of Guam.
        (c) Other Enforcement.--The importation of an exotic bird
    is deemed to be transportation of wildlife for purposes of
    section 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C.
    3372(a)).
        (d) Regulations.--The Secretary shall prescribe regulations
    that are necessary and appropriate to carry out the purposes of
    this title.
        (e) Savings Provisions.--The authority of the Secretary
    under this title is in addition to and shall not affect the
    authority of the Secretary under the Endangered Species Act of
    1973 (16 U.S.C. 1531 et seq.) or diminish the authority of the
    Secretary under the Lacey Act Amendments of 1981 (16 U.S.C.
    3371 et seq.). Nothing in this title shall be construed as
    repealing, superseding, or modifying any provision of Federal
    law.

    SEC. 114.\15\ EXOTIC BIRD CONSERVATION ASSISTANCE.

        (a) Assistance.--The Secretary, subject to the availability
    of appropriations, shall use amounts in the Exotic Bird
    Conservation Fund established by subsection (b) to provide
    financial and technical assistance for projects to conserve
    exotic birds in their native countries. In selecting projects
    for assistance, the Secretary shall give particular attention
    to species that are subject to an import moratorium or quota
    under this title, in order to assist those countries in the
    development and implementation of conservation management
    programs, or law enforcement, or both.
    ---------------------------------------------------------------------------
        \15\ 16 U.S.C. 4913.
    ---------------------------------------------------------------------------
        (b) Fund.--
              (1) Establishment.--There is established in the
            Treasury a separate account, which shall be known as
            the ``Exotic Bird Conservation Fund''.
              (2) Contents.--The Fund shall consist of--
                      (A) all amounts received by the United States
                    in the form of penalties, fines, or forfeiture
                    of property collected under this title in
                    excess of the cost of paying rewards under
                    section 113(c);
                      (B) donations received by the Secretary for
                    exotic bird conservation; and
                      (C) such amounts as are appropriated to the
                    Secretary for conserving exotic birds.
        (c) Review and Report on Other Conservation
    Opportunities.--The Secretary, in consultation with appropriate
    representatives of industry, the conservation community, the
    Secretariat of the Convention, and other national and
    international bodies, shall--
              (1) review opportunities for a voluntary program of
            labeling exotic birds, certification of exotic bird
            breeding facilities and retail outlets, and provision
            of privately organized or funded technical assistance
            to other nations; and
              (2) report to the Congress the results of this review
            within 2 years after the date of enactment of this Act.

    SEC. 115.\16\ MARKING AND RECORDKEEPING.

        (a) In General.--The Secretary is authorized to promulgate
    regulations to require marking or recordkeeping that the
    Secretary determines will contribute significantly to the
    ability of the Secretary to ensure compliance with the
    prohibitions of section 111, for--
    ---------------------------------------------------------------------------
        \16\ 16 U.S.C. 4914.
    ---------------------------------------------------------------------------
              (1) any exotic bird that is imported after the date
            of enactment of this Act; or
              (2) any other exotic bird that is--
                      (A) hatched after the date of the enactment
                    of this Act;
                      (B) offered for sale; and
                      (C) of a species--
                              (i) the export of which from any
                            country of origin is prohibited; and
                              (ii) that is subject to a high level
                            of illegal trade.
        (b) Avoiding Deterrence of Breeding.--The Secretary shall
    seek to ensure that regulations promulgated under this section
    will not have the effect of deterring captive breeding of
    exotic birds.

    SEC. 116.\17\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated to the Secretary
    $5,000,000 for each of the fiscal years 1993, 1994, and 1995 to
    carry out this title, to remain available until expended.
    ---------------------------------------------------------------------------
        \17\ 16 U.S.C. 4915.
    ---------------------------------------------------------------------------

    SEC. 117.\18\ RELATIONSHIP TO STATE LAW.

        Nothing in this title may be construed as precluding the
    regulation under State law of the sale, transfer, or possession
    of exotic birds if such regulation--
    ---------------------------------------------------------------------------
        \18\ 16 U.S.C. 4916.
    ---------------------------------------------------------------------------
              (1) does not authorize any sale, transfer, or
            possession of exotic birds that is prohibited under
            this title; and
              (2) is consistent with the international obligations
            of the United States.
              * * * * * * *

                            TITLE III--MISCELLANEOUS

              * * * * * * *

    SEC. 302.\19\ REAUTHORIZATION OF AFRICAN ELEPHANT CONSERVATION ACT. * *
                        *

    ---------------------------------------------------------------------------
        \19\ Sec. 302 reauthorized the African Elephant Conservation Act
    (16 U.S.C. 4245) through fiscal year 1998.
    ---------------------------------------------------------------------------
              * * * * * * *
        (10) United States Support for the United Nations Conference on
                          Environment and Development

      Partial text of Public Law 102-138 [Foreign Relations Authorization
     Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved
                                October 28, 1991

     AN ACT To authorize appropriations for fiscal years 1992 and 1993 for
                the Department of State, and for other purposes.

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

               TITLE III--MISCELLANEOUS FOREIGN POLICY PROVISIONS

              * * * * * * *

    SEC. 364. UNITED STATES SUPPORT FOR UNCED.

      (a) Findings.--The Congress finds that--
              (1) the United Nations Conference on Environment and
            Development (hereinafter in this section referred to as
            ``UNCED'') is scheduled to meet in June 1992 in Rio de
            Janiero, Brazil; and
              (2) UNCED affords a major opportunity to shape
            international environmental policy as an underpinning
            of sustainable development for well into the next
            century.
      (b) Sense of Congress.--It is the sense of the Congress
    that--
              (1) the United States should seek to integrate
            environmental principles and considerations into all
            spheres of international economic activity;
              (2) the President should accord the UNCED process
            high-level attention and priority within the executive
            branch;
              (3) the United States should exercise a leadership
            role in preparations for the June 1992 meeting of the
            UNCED;
              (4) the United States should carefully consider what
            it hopes to achieve through the UNCED and how United
            States national security interests may best be advanced
            in deliberations in that conference;
              (5) the United States should seek ways to forge a
            global partnership and international cooperation among
            developing and industrialized nations on behalf of
            environmentally sound economic development;
              (6) the United States should actively pursue creative
            approaches to the spectrum of UNCED issues which the
            conference will address, and in particular seek
            innovative solutions to the key cross-sectorial issues
            of technology transfer and financial resources;
              (7) the United States should consider how best to
            strengthen international legal and institutional
            mechanisms to effectively address the range of UNCED
            issues beyond the 1992 Conference and into the next
            century;
              (8) the United States should promote broad
            international participation in the UNCED process at all
            levels, from grass roots to national;
              (9) the Agency for International Development should
            assume an appropriate role in the preparations for the
            June 1992 meeting of the UNCED, in view of the mandate
            and expertise of that agency regarding the twin
            conference themes of international environment and
            development; and
              (10) the executive branch should consider funding for
            appropriate activities related to the UNCED in amounts
            which are commensurate with United States
            responsibilities in the world, as such funds can
            engender good will and further our national interests
            and objectives in the UNCED process.
              * * * * * * *
      (11) International Cooperation in Global Change Research Act of 1990

    Title II of Public Law 101-606 [Global Change Research Act of 1990; S.
            169], 104 Stat. 3096 at 3102, approved November 16, 1990

    AN ACT To require the establishment of a United States Global Research
        Program aimed at understanding and responding to global change,
       including the cumulative effects of human activities and natural
          processes on the environment, to promote discussions toward
       international protocols in global change research, and for other
                                   purposes.

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

         TITLE II--INTERNATIONAL COOPERATION IN GLOBAL CHANGE RESEARCH

    SEC. 201.\1\ SHORT TITLE.

        This title may be cited as the ``International Cooperation
    in Global Change Research Act of 1990.
    ---------------------------------------------------------------------------
        \1\ 15 U.S.C. 2921 note.
    ---------------------------------------------------------------------------

    SEC. 202.\2\ FINDINGS AND PURPOSES.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 15 U.S.C. 2951.
    ---------------------------------------------------------------------------
              (1) Pooling of international resources and scientific
            capabilities will be essential to a successful global
            change program.
              (2) While international scientific planning is
            already underway, there is currently no comprehensive
            intergovernmental mechanism for planning, coordinating,
            or implementing research to understand global change
            and to mitigate possible adverse effects.
              (3) An international global change research program
            will be important in building future consensus on
            methods for reducing global environmental degradation.
              (4) The United States, as a world leader in
            environmental and Earth sciences, should help provide
            leadership in developing and implementing an
            international global change research program.
        (b) Purposes.--The purposes of this title are to--
              (1) promote international, intergovernmental
            cooperation on global change research;
              (2) involve scientists and policymakers from
            developing nations in such cooperative global change
            research programs; and
              (3) promote international efforts to provide
            technical and other assistance to developing nations
            which will facilitate improvements in their domestic
            standard of living while minimizing damage to the
            global or regional environment.

    SEC. 203.\3\ INTERNATIONAL DISCUSSIONS.

        (a) Global Change Research.--The President should direct
    the Secretary of State, in cooperation with the Committee,\4\
    to initiate discussions with other nations leading toward
    international protocols and other agreements to coordinate
    global change research activities. Such discussions should
    include the following issues:
    ---------------------------------------------------------------------------
        \3\ 15 U.S.C. 2952.
        \4\ The Committee on Earth and Environmental Sciences as
    established by sec. 102 of Public Law 101-606 (104 Stat. 3097).
    ---------------------------------------------------------------------------
              (1) Allocation of costs in global change research
            programs, especially with respect to major capital
            projects.
              (2) Coordination of global change research plans with
            those developed by international organizations such as
            the International Council on Scientific Unions, the
            World Meteorological Organization, and the United
            Nations Environment Program.
              (3) Establishment of global change research centers
            and training programs for scientists, especially those
            from developing nations.
              (4) Development of innovative methods for management
            of international global change research, including--
                      (A) use of new or existing intergovernmental
                    organizations for the coordination or funding
                    of global change research; and
                      (B) creation of a limited foundation for
                    global change research.
              (5) the prompt establishment of international
            projects to)
                      (A) create globally accessible formats for
                    data collected by various international
                    sources; and
                      (B) combine and interpret data from various
                    sources to produce information readily usable
                    by policymakers attempting to formulate
                    effective strategies for preventing,
                    mitigating, and adapting to possible adverse
                    effects of global change.
              (6) Establishment of international offices to
            disseminate information useful in identifying,
            preventing, mitigating, or adapting to the possible
            effects of global change.
        (b) Energy Research.--The President should direct the
    Secretary of State (in cooperation with the Secretary of
    Energy, the Secretary of Commerce, the United States Trade
    Representative, and other appropriate members of the Committee)
    to initiate discussions with other nations leading toward an
    international research protocol for cooperation on the
    development of energy technologies which have minimally adverse
    effects on the environment. Such discussions should include,
    but not be limited to, the following issues:
              (1) Creation of an international cooperative program
            to fund research related to energy efficiency, solar
            and other renewable energy sources, and passively safe
            and diversion-resistant nuclear reactors.
              (2) Creation of an international cooperative program
            to develop low cost energy technologies which are
            appropriate to the environmental, economic, and social
            needs of developing nations.
              (3) Exchange of information concerning
            environmentally safe energy technologies and practices,
            including those described in paragraphs (1) and (2).

    SEC. 204.\5\ GLOBAL CHANGE RESEARCH INFORMATION OFFICE.

        Not more than 180 days after the date of enactment of this
    Act, the President shall, in consultation with the Committee
    and all relevant Federal agencies, establish an Office of
    Global Change Research Information. The purpose of the Office
    shall be to disseminate to foreign governments, businesses, and
    institutions, as well as the citizens of foreign counties,
    scientific research information available in the United States
    which would be useful in preventing, mitigating, or adapting to
    the effects of global change. Such information shall include,
    but not be limited to, results of scientific research and
    development on technologies useful for--
    ---------------------------------------------------------------------------
        \5\ 15 U.S.C. 2953.
    ---------------------------------------------------------------------------
              (1) reducing energy consumption through conservation
            and energy efficiency;
              (2) promoting the use of solar and renewable energy
            sources which reduce the amount of greenhouse gases
            released into the atmosphere;
              (3) developing replacements for chlorofluorocarbons,
            halons, and other ozone-depleting substances which
            exhibit a significantly reduced potential for depleting
            stratospheric ozone;
              (4) promoting the conservation of forest resources
            which help reduce the amount of carbon dioxide in the
            atmosphere;
              (5) assisting developing countries in ecological pest
            management practices and in the proper use of
            agricultural, and industrial chemicals; and
              (6) promoting recycling and source reduction of
            pollutants in order to reduce the volume of waste which
            must be disposed of, thus decreasing energy use and
            greenhouse gas emissions.
              (12) Rio Grande American Canal Extension Act of 1990

     Public Law 101-438 [H.R. 4758], 104 Stat. 1001, approved October 18,
                                      1990

     AN ACT To provide for the construction, operation, and maintenance of
             an extension of the American Canal at El Paso, Texas.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Rio Grande American Canal
    Extension Act of 1990''.

    SEC. 2. FINDINGS.

        The Congress finds the following:
              (1) The Riverside Dam on the international reach of
            the Rio Grande River at El Paso, Texas, provides the
            water used to irrigate nearly 32,000 acres of farmland
            in the United States.
              (2) In June 1987, the Riverside Dam failed, and the
            temporary replacement structure now in place cannot be
            relied upon to guarantee the continued provision of
            these waters to the United States.
              (3) Building a permanent structure in an
            international reach of the Rio Grande would require the
            conditional approval of the Government of Mexico
            through an action of the International Boundary and
            Water Commission, United State and Mexico, and Mexico
            could use such structure to divert waters to its own
            land.
              (4) The United States constructed the American Dam
            completely in United States territory to ensure that
            waters from the American Canal would be completely
            retained within the United States up to a point below
            Mexico's diversion at the International Dam.
              (5) Potentially disruptive international issues might
            arise from the commingling of the waters of the United
            States and the waters of Mexico in this reach of the
            Rio Grande, while such issues would not arise if a
            canal extension were constructed as operated wholly on
            the American side of the river.
              (6) The construction and operation of any extension
            of the American Canal which would lie wholly in the
            United States would provide for a more equitable
            distribution of waters between the United States and
            Mexico, reduce water losses, and eliminate many hazards
            to public safety.

    SEC. 3. CONSTRUCTION OF CANAL EXTENSION, OPERATION, MAINTENANCE AND
                        USE.

        (a) Construction of Extension.--Subject to subsection (e),
    the Secretary shall construct an extension of the American
    Canal, together with pumping plants, wasteways, measuring
    devices, and other facilities needed to connect such extension
    with existing irrigation systems. Such extension shall lie
    wholly in the United States and shall be approximately 13 miles
    in length, beginning at the downstream end of the current
    American Canal in El Paso, Texas, and extending to Riverside
    Heading.
        (b) Operation of Canal.--
              (1) In general.--Except as provided in paragraph (2),
            the Secretary shall operate the extension of the
            American Canal provided for in subsection (a).
              (2) Delivery of waters.--The Secretary shall enter
            into an agreement with El Paso County Water Improvement
            District Number 1 pursuant to which the Water
            Improvement District would be responsible for the
            operation of the American Canal with respect to the
            delivery of all waters, with the exception of those
            waters belonging to Mexico which, consistent with
            paragraph (3), the Secretary shall be responsible for
            delivering.
              (3) United states obligations under 1906 and 1933
            conventions.--In authorizing the agreement described in
            paragraph (2), this Act--
                      (A) does not in any way affect the
                    jurisdiction, powers, or prerogatives of the
                    International Boundary and Water Commission,
                    United States and Mexico, and
                      (B) does not in any way impede the ability of
                    the United States Government to fulfill its
                    obligations under the 1906 and 1933
                    Conventions.
        (c) Use of Canal as Conveyance Channel.--
              (1) Use by mexico.--The Secretary may enter into an
            agreement with Mexico which permits Mexico to use the
            American Canal as a conveyance channel. Any such
            agreement shall require Mexico to make payments to the
            United States for Mexico's use of the American Canal.
              (2) Use by non-federal entities.--Upon obtaining the
            express approval of the Secretary, El Paso County Water
            Improvement District Number 1 may enter into agreements
            with other non-Federal entities pursuant to which such
            entities may use the American Canal as a conveyance
            channel.
        (d) Maintenance of Extension.--The Secretary shall maintain
    the extension of the American Canal provided for in subsection
    (a).
        (e) Local Contribution to Costs.--The extension of the
    American Canal provided for in subsection (a) may not be
    constructed unless the Secretary and El Paso County Water
    Improvement District Number 1 have entered into the following
    agreements:
              (1) Construction costs.--An agreement pursuant to
            which El Paso County Water Improvement District Number
            1 will pay $5,000,000 as its share of the construction
            costs for the construction of the extension of the
            American Canal provided for in subsection (a).
              (2) Maintenance costs.--An agreement pursuant to
            which El Paso County Water Improvement District Number
            1 will contribute a cumulative amount of $50,000 each
            year to the United States Commissioner as its share of
            the costs for maintenance of the extension of the
            American Canal provided for in subsection (a). After
            the 7-year anniversary of the completion of the
            construction of that extension (and after the end of
            each 7-year interval since the last such
            renegotiation), the Secretary and the El Paso County
            Water Improvement District Number 1 may renegotiate the
            amount of the contribution of El Paso County Water
            Improvement District Number 1 pursuant to the agreement
            required by this paragraph in order to reflect any
            increase in Bureau of Labor Statistics Consumer Price
            Index-Urban Wage Earners and Clerical Workers (CPI-W)-
            1982-84-100 Index. In the event the funds contributed
            by the El Paso County Water Improvement District Number
            1 pursuant to this paragraph are not utilized during
            any given year, the funds shall be carried over to the
            succeeding years in a contingency fund for necessary
            preventatives and routine maintenance work to be
            performed by the United States Section, International
            Boundary and Water Commission.
        (f) Repeal of Previous Construction Authorization.--Title
    IV of the Act entitled ``an Act to authorize various Federal
    reclamation projects and programs, and for other purposes'',
    approved September 28, 1976 (Public Law 94-423; 90 Stat. 1327),
    is repealed.

    SEC. 4. STUDY OF SUBSIDENCE DAMAGE.

        The Secretary--
              (1) shall conduct a study to determine the likelihood
            and extent of any damage to property adjacent to the
            American Canal which would be caused by subsidence
            related to the Canal extension provided for in section
            3(a), and
              (2) shall submit a report to the Congress detailing
            his findings not later than 1 year after the date of
            the enactment of this Act.

    SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated--
              (1) $42,000,000 to construct the extension of the
            American Canal provided for in section 3(a); and
              (2) such sums as may be necessary to operate and
            maintain that extension and to conduct the study
            required by section 4.

    SEC. 6. DEFINITIONS.

        As used in this Act--
              (1) the term ``American Canal'' means the Rio Grande
            American Canal constructed pursuant to the Act of
            August 29, 1935 (49 Stat. 961);
              (2) the term ``United States Commissioner'' means the
            United States Commissioner, International boundary and
            Water Commission, United States and Mexico; and
              (3) the term ``Secretary'' means the Secretary of
            State, acting through the United States Commissioner.
       (13) International Cooperation to Protect Biological Diversity \1\

     Public Law 100-530 [H.J. Res. 648], 102 Stat. 2651, approved October
                                    25, 1988

     JOINT RESOLUTION To encourage increased international cooperation to
                         protect biological diversity.

    Whereas habitat destruction is a main cause of the accelerating
        extinction of animal and plant species;
    ---------------------------------------------------------------------------
        \1\ This Act also appears in the Development Assistance section of
    Legislation on Foreign Relations Through 2005, vol. I-B.
    ---------------------------------------------------------------------------
    Whereas increased international cooperation is essential to
        protect species threatened with extinction and to halt the
        loss of unique and irreplaceable ecosystems; and
    Whereas the United States has strongly supported efforts to
        convene an international convention for preservation of the
        Earth's biological diversity: Now therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1.\2\ STATEMENT OF POLICIES.

        The Congress--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2151q note.
    ---------------------------------------------------------------------------
              (1) supports the United States efforts, consistent
            with section 119(g) of the Foreign Assistance Act of
            1961, to initiate discussions to develop an
            international agreement to preserve biological
            diversity; and
              (2) calls upon the President to continue exerting
            United States leadership in order to achieve the
            earliest possible negotiation of an international
            convention to conserve the Earth's biological
            diversity, including the protection of a representative
            system of ecosystems adequate to conserve biological
            diversity.

    SEC. 2.\2\ REPORT.

        Not later than one year after the date of the enactment of
    this joint resolution, the President shall submit a report to
    the Congress on progress toward the goal of negotiating the
    international convention described in paragraph (2) of section
    1.
                     (14) African Elephant Conservation Act

     Partial text of Public Law 100-478 [Endangered Species Act Amendments
    of 1988; H.R. 1467], 102 Stat. 2306 at 2315, approved October 7, 1988;
    as amended by Public Law 102-440 [H.R. 5013], 106 Stat. 2224, approved
    October 23, 1992; Public Law 105-217 [African Elephant Reauthorization
     Act of 1998; H.R. 39], 112 Stat. 911, approved August 5, 1998; Public
     Law 107-111 [African Elephant Reauthorization Act of 2001; H.R. 643],
      115 Stat. 2095, approved January 8, 2002; and by Public Law 107-141
     [Asian Elephant Conservation Reauthorization Act of 2002; H.R. 700],
                    116 Stat. 13, approved February 12, 2002

    AN ACT To authorize appropriations to carry out the Endangered Species
     Act of 1973 during fiscal years 1988, 1989, 1990, 1991, and 1992, and
                              for other purposes.

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

                    TITLE II--AFRICAN ELEPHANT CONSERVATION

    SEC. 2001.\1\ SHORT TITLE.

        This title may be cited as the ``African Elephant
    Conservation Act.''
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 4201 note.
    ---------------------------------------------------------------------------

    SEC. 2002.\2\ STATEMENT OF PURPOSE.

        The purpose of this title is to perpetuate healthy
    populations of African elephants.
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 4201 note.
    ---------------------------------------------------------------------------

    SEC. 2003.\3\ FINDINGS.

        The Congress finds the following:
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 4202.
    ---------------------------------------------------------------------------
              (1) Elephant populations in Africa have declined at
            an alarming rate since the mid-1970's.
              (2) The large illegal trade in African elephant ivory
            is the major cause of this decline, and threatens the
            continued existence of the African elephant.
              (3) The African elephant is listed as threatened
            under the Endangered Species Act of 1973 (16 U.S.C.
            1531 et seq.) and its continued existence will be
            further jeopardized if this decline is not reversed.
              (4) Because African elephant ivory is
            indistinguishable from Asian elephant ivory, there is a
            need to ensure that the trade in African elephant ivory
            does not further endanger the Asian elephant, which is
            listed as endangered under section 4 of the Endangered
            Species Act of 1973 (16 U.S.C. 1533) and under Appendix
            I of CITES.
              (5) In response to the significant illegal trade in
            African elephant ivory, the parties to CITES
            established the CITES Ivory Control System to curtail
            the illegal trade and to encourage African countries to
            manage, conserve, and protect their African elephant
            populations.
              (6) The CITES Ivory Control System entered into force
            recently and should be allowed to continue in force for
            a reasonable period of time to assess its effectiveness
            in curtailing the illegal trade in African elephant
            ivory.
              (7) Although some African countries have effective
            African elephant conservation programs, many do not
            have sufficient resources to properly manage, conserve,
            and protect their elephant populations.
              (8) The United States, as a party to CITES and a
            large market for worked ivory, shares responsibility
            for supporting and implementing measures to stop the
            illegal trade in African elephant.
              (9) There is no evidence that sport hunting is part
            of the poaching that contributes to the illegal trade
            in African elephant ivory, and there is evidence that
            the proper utilization of well-managed elephant
            populations provides an important source of funding for
            African elephant conservation programs.

    SEC. 2004.\4\ STATEMENT OF POLICY.

        It is the policy of the United States--
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 4203.
    ---------------------------------------------------------------------------
              (1) to assist in the conservation and protection of
            the African elephant by supporting the conservation
            programs of African countries and the CITES
            Secretariat; and
              (2) to provide financial resources for those
            programs.

                Part I--African Elephant Conservation Assistance

    SEC. 2101.\5\ PROVISION OF ASSISTANCE.

        (a) In General.--The Secretary may provide financial
    assistance under this part from the \6\ Fund for approved
    projects for research, conservation, management, or protection
    of African elephants.
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 4211.
        \6\ Sec. 6(a)(1) of the African Elephant Reauthorization Act of
    2001 (Public Law 107-111; 115 Stat. 2096) struck out ``African Elephant
    Conservation''.
    ---------------------------------------------------------------------------
        (b) Project Proposal.--Any African government agency
    responsible for African elephant conservation and protection,
    the CITES Secretariat, and any organization or individual with
    experience in African elephant conservation may submit to the
    Secretary a project proposal under this section. Each such
    proposal shall contain--
              (1) the name of the person responsible for conducting
            the project;
              (2) a succinct statement of the need for and purposes
            of the project;
              (3) a description of the qualifications of the
            individuals who will be conducting the project;
              (4) an estimate of the funds and time required to
            complete the project;
              (5) evidence of support of the project by government
            entities of countries within which the project will be
            conducted, if such support may be important for the
            success of the project; and
              (6) any other information the Secretary considers to
            be necessary or appropriate for evaluating the
            eligibility of the project for funding under this
            title.
        (c) Project Review and Approval.--The Secretary shall
    review each project proposal to determine if it meets the
    criteria set forth in subsection (d) and otherwise merits
    assistance under this title. Not later than six months after
    receiving a project proposal, and subject to the availability
    of funds, the Secretary shall approve or disapprove the
    proposal and provide written notification to the person who
    submitted the proposal and to each country within which the
    project is proposed to be conducted.
        (d) Criteria for Approval.--The Secretary may approve a
    project under this section if the project will enhance programs
    for African elephant research, conservation, management, or
    protection by--
              (1) developing in a usable form sound scientific
            information on African elephant habitat condition and
            carrying capacity, total elephant numbers and
            population trends, or annual reproduction and
            mortality; or
              (2) assisting efforts--
                      (A) to ensure that any taking of African
                    elephants in the country is effectively
                    controlled and monitored;
                      (B) to implement conservation programs to
                    provide for healthy, sustainable African
                    populations; or
                      (C) to enhance compliance with the CITES
                    Ivory Control System.
        (e) \7\ Project Sustainability.--To the maximum extent
    practical, in determining whether to approve project proposals
    under this section, the Secretary shall give consideration to
    projects that will enhance sustainable conservation programs to
    ensure effective long-term conservation of African elephants.
    ---------------------------------------------------------------------------
        \7\ Sec. 5 of the African Elephant Reauthorization Act of 2001
    (Public Law 107-111; 115 Stat. 2096) redesignated subsec. (e) as
    subsec. (f) and added a new subsec. (e).
    ---------------------------------------------------------------------------
        (f) \7\ Project Reporting.--Each entity that receives
    assistance under this section shall provide such periodic
    reports to the Director of the United States Fish and Wildlife
    Service as the Director considers relevant and appropriate.
    Each report shall include all information requested by the
    Director for evaluating the progress and success of the
    project.

    SEC. 2102.\8\ ACCEPTANCE AND USE OF DONATIONS

        The Secretary may accept and use donations of funds to
    provide assistance under this part. Amounts received by the
    Secretary in the form of such donations shall be transferred by
    the Secretary to the Secretary of the Treasury for deposit into
    the Fund.
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 4212. Sec. 6(a)(2) of the African Elephant
    Reauthorization Act of 2001 (Public Law 107-111; 115 Stat. 2096) struck
    out the catchline sec. 2102 and all that followed through the subsec.
    heading in subsec. (d) and inserted in lieu thereof a new catchline.
    The section previously read as follows:
    ---------------------------------------------------------------------------

    ``sec. 2102. african elephant conservation fund.
    ---------------------------------------------------------------------------

        ``(a) Establishment.--There is established in the general fund of
    the Treasury a separate account to be known as the `African Elephant
    Conservation Fund', which shall consist of amounts deposited into the
    Fund by the Secretary of the Treasury under subsection (b).
        ``(b) Deposits Into the Fund.--The Secretary of the Treasury shall
    deposit into the Fund--
    ---------------------------------------------------------------------------

      ``(1) subject to appropriations, all amounts received by the Secretary in
    the form of donations under subsection (d); and

      ``(2) other amounts appropriated to the Fund to carry out this part.
    ---------------------------------------------------------------------------

        ``(c) Use.--
    ---------------------------------------------------------------------------

      ``(1) In general.--Subject to paragraph (2), amounts in the Fund may be
    used by the Secretary, without further appropriation, to provide assistance
    under this part.

      ``(2) Administration.--Not more than three percent of amounts
    appropriated to the Fund for a fiscal year may be used by the Secretary to
    administer the fund for that fiscal year.
    ---------------------------------------------------------------------------

        ``(d) Acceptance and Use of Donations.--''.
    ---------------------------------------------------------------------------

    SEC. 2103. ANNUAL REPORTS.

        The Secretary shall submit an annual report to the Congress
    not later than January 31 of each year regarding the Fund and
    the status of the African elephant. Each such report shall
    include with respect to the year for which the report is
    submitted a description of--
              (1) the total amounts deposited into and expended
            from the Fund;
              (2) the costs associated with the administration of
            the Fund;
              (3) a summary of the projects for which the Secretary
            has provided assistance under this part and an
            evaluation of those projects; and
              (4) an evaluation of African elephant populations and
            whether the CITES Ivory Control System is functioning
            effectively to control the illegal trade in African
            elephant ivory.

    SEC. 2104.\9\ ADVISORY GROUP.

        (a) In General.--To assist in carrying out this title,\10\
    the Secretary may convene an advisory group consisting of
    individuals representing public and private organizations
    actively involved in the conservation of African elephants.
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 4214. Sec. 4 of the African Elephant Reauthorization
    Act of 2001 (Public Law 107-111; 115 Stat. 2096) added sec. 2104.
        \10\ Sec. 5(b)(2)(A) of the Asian Elephant Conservation
    Reauthorization Act of 2002 (Public Law 107-141; 116 Stat. 14) struck
    out ``this Act'' and inserted in lieu thereof ``this title''.
    ---------------------------------------------------------------------------
        (b) Public Participation.--
              (1) Meetings.--The Advisory Group shall--
                      (A) ensure that each meeting of the advisory
                    group is open to the public; and
                      (B) provide, at each meeting, an opportunity
                    for interested persons to present oral or
                    written statements concerning items on the
                    agenda.
              (2) Notice.--The Secretary shall provide to the
            public timely notice of each meeting of the advisory
            group.
              (3) Minutes.--Minutes of each meeting of the advisory
            group shall be kept by the Secretary and shall be made
            available to the public.
        (c) Exemption From Federal Advisory Committee Act.--The
    Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
    to the advisory group.

                     Part II--Moratoria and Prohibited Acts

    SEC. 2201.\11\ REVIEW OF AFRICAN ELEPHANT CONSERVATION PROGRAMS.

        (a) In General.--Within one month after the date of the
    enactment of this title, the Secretary shall issue a call for
    information on the African elephant conservation program of
    each ivory producing country by--
    ---------------------------------------------------------------------------
        \11\ 16 U.S.C. 4221.
    ---------------------------------------------------------------------------
              (1) publishing a notice in the Federal Register
            requesting submission of such information to the
            Secretary by all interested parties; and
              (2) submitting a written request for such information
            through the Secretary of State to each ivory producing
            country.
        (b) Review and Determination.--
              (1) In general.--The Secretary shall review the
            African elephant conservation program of each ivory
            producing country and, not later than one year after
            the date of the enactment of this title, shall issue
            and publish in the Federal Register a determination of
            whether or not the country meets the following
            criteria:
                      (A) The country is a party to CITES and
                    adheres to the CITES Ivory Control System.
                      (B) The country's elephant conservation
                    program is based on the best available
                    information, and the country is making
                    expeditious progress in compiling information
                    on the elephant habitat condition and carrying
                    capacity, total population and population
                    trends, and the annual reproduction and
                    mortality of the elephant populations within
                    the country.
                      (C) The taking of elephants in the country is
                    effectively controlled and monitored.
                      (D) The country's ivory quota is determined
                    on the basis of information referred to in
                    subparagraph (B) and reflects the amount of
                    ivory which is confiscated or consumed
                    domestically by the country.
                      (E) The country has not authorized or allowed
                    the export of amounts of raw ivory which exceed
                    its ivory quota under the CITES Ivory Control
                    System.
              (2) Delay in issuing determination.--If the Secretary
            finds within one year after the date of the enactment
            of this title that there is insufficient information
            upon which to make the determination under paragraph
            (1), the Secretary may delay issuing the determination
            until no later than December 31, 1989. The Secretary
            shall issue and publish in the Federal Register at the
            time of the finding a statement explaining the reasons
            for any such delay.

    SEC. 2202.\12\ MORATORIA.

        (a) Ivory Producing Countries.--
    ---------------------------------------------------------------------------
        \12\ 16 U.S.C. 4222.
    ---------------------------------------------------------------------------
              (1) In general.--The Secretary shall establish a
            moratorium on the importation of raw and worked ivory
            from an ivory producing country immediately upon making
            a determination that the country does not meet all the
            criteria set forth in section 2201(b)(1).
              (2) Later establishment.--With regard to any ivory
            producing country for which the Secretary has
            insufficient information to make a determination
            pursuant to section 2201(b), the Secretary shall
            establish a moratorium on the importation of raw and
            worked ivory from such country not later than January
            1, 1990, unless, based on new information, the
            Secretary concludes before that date that the country
            meets all of the criteria set forth in section
            22019(b)(1).
        (b) Intermediary Countries.--The Secretary shall establish
    a moratorium on the importation of raw and worked ivory from an
    intermediary country immediately upon making a determination
    that the country--
              (1) is not a party to CITES;
              (2) does not adhere to the CITES Ivory Control
            System;
              (3) imports raw ivory from a country that is not an
            ivory producing country;
              (4) imports raw or worked ivory from a country that
            is not a party to CITES;
              (5) imports raw or worked ivory that originates in an
            ivory producing country in violation of the laws of
            that ivory producing country;
              (6) substantially increases its imports of raw or
            worked ivory from a country that is subject to a
            moratorium under this title during the first three
            months of that moratorium; or
              (7) imports raw or worked ivory from a country that
            is subject to a moratorium under this title after the
            first three months of that moratorium, unless the ivory
            is imported by vessel during the first six months of
            that moratorium and is accompanied by shipping
            documents which show that it was exported before the
            establishment of the moratorium.
        (c) Suspension of Moratorium.--The Secretary shall suspend
    a moratorium established under this section if, after notice
    and public comment, the Secretary determines that the reasons
    for establishing the moratorium no longer exist.
        (d) Petition.--
              (1) In general.--Any person may at any time submit a
            petition in writing requesting that the Secretary
            establish or suspend a moratorium under this section.
            Such a petition shall include such substantial
            information as may be necessary to demonstrate the need
            for the action requested by the petition.
              (2) Consideration and ruling.--The Secretary shall
            publish a notice of receipt of a petition under this
            subsection in the Federal Register and shall provide an
            opportunity for the public to comment on the petition.
            The Secretary shall rule on such petition not later
            than 90 days after the close of the public comment
            period.
        (e) Sport-Hunted Trophies.--Individuals may import sport-
    hunted elephant trophies that they have legally taken in an
    ivory producing country that has submitted an ivory quota. The
    Secretary shall not establish any moratorium under this
    section, pursuant to a petition or otherwise, which prohibits
    the importation into the United States of sport-hunted trophies
    from elephants that are legally taken by the importer or the
    importer's principal in an ivory producing country that has
    submitted an ivory quota.
        (f) Confiscated Ivory.--Trade in raw or worked ivory that
    is confiscated by an ivory producing country or an intermediary
    country and is disposed of pursuant to the CITES Ivory Control
    System shall not be the sole cause for the establishment of a
    moratorium under this part if all proceeds from the disposal of
    the confiscated ivory are used solely to enhance wildlife
    conservation programs or conservation purposes of CITES. With
    respect to any country that was not a party to CITES at the
    time of such confiscation, this subsection shall not apply
    until such country develops appropriate measures to assure that
    persons with a history of illegal dealings in ivory shall not
    benefit from the disposal of confiscated ivory.

    SEC. 2203.\13\ PROHIBITED ACTS.

        Except as provided in section 2202(e), it is unlawful for
    any person--
    ---------------------------------------------------------------------------
        \13\ 16 U.S.C. 4223.
    ---------------------------------------------------------------------------
              (1) to import raw ivory from any country than an
            ivory producing country;
              (2) to export raw ivory from the United States;
              (3) to import raw or worked ivory that was exported
            from an ivory producing country in violation of that
            country's laws or of the CITES Ivory Control System;
              (4) to import worked ivory, other than personal
            effects, from any country unless that country has
            certified that such ivory was derived from legal
            sources; or
              (5) to import raw or worked ivory from a country for
            which a moratorium is in effect under section 2202.

    SEC. 2204.\14\ PENALTIES AND ENFORCEMENT.

        (a) Criminal Violations.--Whoever knowingly violates
    section 2203 shall, upon conviction, be fined under title 18,
    United States Code, or imprisoned for not more than one year,
    or both.
    ---------------------------------------------------------------------------
        \14\ 16 U.S.C. 4224.
    ---------------------------------------------------------------------------
        (b) Civil Violations.--Whoever violates section 2203 may be
    assessed a civil penalty by the Secretary of not more than
    $5,000 for each such violation.
        (c) Procedures for Assessment of Civil Penalty.--
    Proceedings for the assessment of a civil penalty under this
    section shall be conducted in accordance with the procedures
    provided for in section 11(a) of the Endangered Species Act of
    1973 (16 U.S.C. 1540(a)).
        (d) Use of Penalties.--Subject to appropriations, penalties
    collected under this section may be used by the Secretary of
    the Treasury to pay rewards under section 2205 and, to the
    extent not used to pay such rewards, shall be deposited by the
    Secretary of the Treasury into the Fund.
        (e) Enforcement.--The Secretary, the Secretary of the
    Treasury, and the Secretary of the department in which the
    Coast Guard is operating shall enforce this part in the same
    manner such Secretaries carry out enforcement activities under
    section 11(e) of the Endangered Species Act of 1973 (16 U.S.C.
    1540(e)). Section 11(c) of the Endangered Species Act of 1973
    (16 U.S.C. 1540(c)) shall apply to actions arising under this
    part.

    SEC. 2205.\15\ REWARDS.

        (a) In General.--Upon the recommendation of the Secretary,
    the Secretary of the Treasury may pay a reward to any person
    who furnishes information which leads to a civil penalty or a
    criminal conviction under this title.
    ---------------------------------------------------------------------------
        \15\ 16 U.S.C. 4225.
    ---------------------------------------------------------------------------
        (b) Amount.--The amount of a reward under this section
    shall be equal to not more than one-half of any criminal or
    civil penalty or fine with respect to which the reward is paid,
    or $25,000, whichever is less.
        (c) Limitation on Eligibility.--An officer or employee of
    the United States or of any State or local government who
    furnishes information or renders service in the performance of
    his or her official duties shall not be eligible for a reward
    under this section.

                            Part III--Miscellaneous

    SEC. 2301.\16\ PERMISSION TO IMPORT OR EXPORT AFRICAN ELEPHANT IVORY.

              * * * * * * *
    ---------------------------------------------------------------------------
        \16\ Sec. 2301 amended sec. 9(d) of the Endangered Species Act of
    1973 (16 U.S.C. 1538(d)).
    ---------------------------------------------------------------------------

    SEC. 2302.\17\ RELATIONSHIP TO ENDANGERED SPECIES ACT OF 1973.

        The authority of the Secretary under this title is in
    addition to and shall not affect the authority of the Secretary
    under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
    seq.) or diminish the Secretary's authority under the Lacey Act
    Amendments of 1981 (16 U.S.C. 3371 et seq.).
    ---------------------------------------------------------------------------
        \17\ 16 U.S.C. 4241.
    ---------------------------------------------------------------------------

    SEC. 2303. CERTIFICATION UNDER PELLY AMENDMENT.

        If the Secretary finds in administering this title that a
    country does not adhere to the CITES Ivory Control System, that
    country is deemed, for purposes of section 8(a)(2) of the Act
    of August 27, 1954 (22 U.S.C. 1978), to be diminishing the
    effectiveness of an international program for endangered or
    threatened species.

    SEC. 2304. EFFECTIVENESS OF CITES. [REPEALED--2001] \18\
    ---------------------------------------------------------------------------

        \18\ Sec. 6(a)(3) of the African Elephant Reauthorization Act of
    2001 (Public Law 107-111; 115 Stat. 2096) repealed sec. 2304. It
    previously read as follows:
        ``Within 3 months after the completion of the 8th Conference of the
    Parties to CITES, the Secretary shall determine whether this title,
    together with the CITES Ivory Control System, has substantially stopped
    the importation of illegally harvested ivory into the United States. If
    the Secretary determines that the importation of illegally harvested
    ivory has not been substantially stopped, the Secretary shall recommend
    to the Congress amendments to this title or other actions that may be
    necessary to achieve the purposes of this title, including the
    establishment of a complete moratorium on the importation of elephant
    ivory into the United States.''.
    ---------------------------------------------------------------------------

    SEC. 2305.\19\ DEFINITIONS.

        In this title--
    ---------------------------------------------------------------------------
        \19\ 16 U.S.C. 4244.
    ---------------------------------------------------------------------------
              (1) the term ``African elephant'' means any animal of
            the species loxodonta africana;
              (2) the term ``CITES'' means the Convention on the
            International Trade in Endangered Species of Wild Fauna
            and Flora;
              (3) the term ``CITES Ivory Control System'' means the
            ivory quota and marking system established by CITES to
            curtail illegal trade in African elephant ivory;
              (4) the term ``Fund'' means the account established
            by division A, section 101(e), title I of Public Law
            105-277 under the heading ``multinational species
            conservation fund''; \20\
    ---------------------------------------------------------------------------
        \20\ Sec. 6(a)(4) of the African Elephant Reauthorization Act of
    2001 (Public Law 107-111; 115 Stat. 2096) struck out ``the African
    Elephant Conservation Fund established by section 2102'' and inserted
    in lieu thereof ``the account established by division A, section
    101(e), title I of Public Law 105-277 under the heading `multinational
    species conservation fund' ''.
    ---------------------------------------------------------------------------
              (5) the terms ``import'' and ``importation'' have the
            meanings such terms have in the Endangered Species Act
            of 1973 (16 U.S.C. 1531 et seq.);
              (6) the term ``intermediary country'' means a country
            that exports raw or worked ivory that does not
            originate in that country;
              (7) the term ``ivory producing country'' means any
            African country within which is located any part of the
            range of a population of African elephants;
              (8) the term ``ivory quota'' means a quota submitted
            by an ivory producing country to the CITES Secretariat
            in accordance with the CITES Ivory Control System;
              (9) the term ``personal effects'' means articles
            which are not intended for sale and are part of a
            shipment of the household effects of a person who is
            moving his or her residence to or from the United
            States, or are included in personal accompanying
            baggage;
              (10) the term ``raw ivory'' means any African
            elephant tusk, and any piece thereof, the surface of
            which, polished or unpolished, is unaltered or
            minimally carved;
              (11) the term ``Secretary'' means the Secretary of
            the Interior;
              (12) the term ``United States'' means the fifty
            States, the District of Columbia, Guam, the
            Commonwealth of the Northern Mariana Islands, the
            Commonwealth of Puerto Rico, and the territories and
            possessions of the United States; and
              (13) the term ``worked ivory'' means any African
            elephant tusk, and any piece thereof, which is not raw
            ivory.

    SEC. 2306.\21\ AUTHORIZATION OF APPROPRIATIONS.

        (a) In General.--There is authorized \22\ to be
    appropriated to the Fund and to the Secretary a total of not to
    exceed $5,000,000 for each of fiscal years 2001, 2002, 2003,
    2004, 2005, 2006, and 2007 \23\ to carry out this title, to
    remain available until expended.
    ---------------------------------------------------------------------------
        \21\ 16 U.S.C. 4245. The Department of Interior and Related
    Agencies Appropriations, 2006 (Public Law 109-54; 119 Stat. 499),
    provided the following:
        ``For expenses necessary to carry out the African Elephant
    Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 221-4225, 4241-4245,
    and 1538), the Asian Elephant Conservation Act of 1997 (Public Law 105-
    96; 16 U.S.C. 4261-4266), the Rhinoceros and Tiger Conservation Act of
    1994 (16 U.S.C. 5301-5306), the Great Ape Conservation Act of 2000 (16
    U.S.C. 6301), and the Marine Turtle Conservation Act of 2004 (Public
    Law 108-266; 16 U.S.C. 6601), $6,500,000, to remain available until
    expended.''.
        \22\ Sec. 3 of the African Elephant Reauthorization Act of 2001
    (Public Law 107-111; 115 Stat. 2095) struck out ``There are
    authorized'' and inserted in lieu thereof ``(a) In General.--There is
    authorized''; and added subsec. (b).
        \23\ Sec. 2 of the African Elephant Reauthorization Act of 2001
    (Public Law 107-111; 115 Stat. 2095) struck out ``1997, 1998, 1999,
    2000, 2001, and 2002'' and inserted in lieu thereof ``2001, 2002, 2003,
    2004, 2005, 2006, and 2007''. Previously, sec. 2 of Public Law 105-217
    (112 Stat. 911) struck out ``fiscal years 1992, 1993, 1994, 1995, 1996,
    1997, and 1998'' and inserted in lieu thereof ``fiscal years 1997,
    1998, 1999, 2000, 2001, and 2002''. Prior to that, sec. 302 of Public
    Law 102-440 (106 Stat. 2234) struck out ``fiscal years 1989, 1990,
    1991, 1992, and 1993'' and inserted in lieu thereof ``fiscal years
    1992, 1993, 1994, 1995, 1996, 1997, and 1998''.
    ---------------------------------------------------------------------------
        (b) \22\ Administrative Expenses.--Of amounts available
    each fiscal year to carry out this Act, the Secretary may
    expend not more than 3 percent or $80,000, whichever is
    greater, to pay the administrative expenses necessary to carry
    out this Act.
                (15) Rio Grande Pollution Correction Act of 1987

      Public Law 100-465 [H.R. 2046], 102 Stat. 2272, approved October 3,
                                      1988

    AN ACT To authorize the Secretary of State to conclude agreements with
     the appropriate representative of the Government of Mexico to correct
                          pollution of the Rio Grande.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Rio Grande Pollution
    Correction Act of 1987''.

    SEC. 2.\1\ AGREEMENTS TO CORRECT POLLUTION OF RIO GRANDE.

        (a) In General.--The Secretary of State, acting through the
    United State Commissioner, International Boundary and Water
    Commission, United States and Mexico (hereafter in this Act
    referred to as the ``Commissioner''), is authorized to conclude
    agreements with the appropriate representative of the Ministry
    of Foreign Relations of Mexico for the purpose of correcting
    the international problem of pollution of the Rio Grande caused
    by discharge of raw and inadequately treated sewage and other
    wastes into such river from the border cities including but not
    limited to Ciudad Acuna, Nuevo Laredo, and Reynosa, Mexico, and
    Del Rio, Laredo, and Hidalgo, Texas.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 277g.
    ---------------------------------------------------------------------------
        (b) Content of Agreements.--Agreements concluded under
    subsection (a) should consist of recommendations to the
    Governments of the United States and Mexico of measures to
    protect the health and welfare of persons along the Rio Grande
    from the effects of pollution, including--
              (1) facilities that should be constructed, operated,
            and maintained in each country;
              (2) estimates of the cost of plans, construction,
            operation, and maintenance of the facilities referred
            to in paragraph (1);
              (3) formulas for the initial division between the
            United States and Mexico of the cost of plans,
            constructions, operation, and maintenance of the
            facilities referred to in paragraph (1);
              (4) a method for review and adjustment of the
            formulas referred to in paragraph (3) at intervals of
            five years which recognizes that such initial formulas
            should not be used as a precedent in their subsequent
            review and adjustment; and
              (5) dates for the beginning and completion of
            construction of the facilities referred to in paragraph
            (1).

    SEC. 3.\2\ AUTHORITY OF SECRETARY OF STATE TO PLAN, CONSTRUCT, OPERATE,
                        AND MAINTAIN FACILITIES.

        The Secretary of State, acting through the Commissioner, is
    authorized to act jointly with the appropriate representative
    of the Government of Mexico and to--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 277g-1.
    ---------------------------------------------------------------------------
              (1) supervise the planning of, and
              (2) supervise construction, operation, and
            maintenance of,
    the facilities recommended in agreements concluded pursuant to
    section 2 and approved by the Governments of the United States
    and Mexico.

    SEC. 4.\3\ CONSULTATION WITH THE ADMINISTRATOR OF ENVIRONMENTAL
                        PROTECTION AGENCY AND OTHER AUTHORITIES

        The Secretary of State shall consult with the Administrator
    of the Environmental Protection Agency and other concerned
    Federal, State, and local government officials in implementing
    this Act.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 277g-2.
    ---------------------------------------------------------------------------

    SEC. 5.\4\  AUTHORIZATION OF APPROPRIATIONS.

        There is authorized to be appropriated such sums as may be
    necessary for the United States to fund its share of the cost
    of the plans, construction, operation, and maintenance of the
    facilities recommended in agreements concluded pursuant to
    section 2 and approved by the Governments of the United States
    and Mexico.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 277g-3.
               (16) Temporary Emergency Wildfire Suppression Act

      Public Law 100-428 [S. 2641], 102 Stat. 1615, approved September 9,
    1988; as amended by Public Law 101-11 [Wildfire Suppression Assistance
              Act; H.R. 829], 103 Stat. 15, approved April 7, 1989

    AN ACT To authorize the Secretary of Agriculture and other agency heads
    to enter into agreements with foreign fire organizations for assistance
                            in wildfire protection.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Temporary Emergency Wildfire
    Suppression Act''.

    SEC. 2.\1\ DEFINITIONS.

        As used in this Act--
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 1856m.
    ---------------------------------------------------------------------------
              (1) the term ``fire organization'' means any
            governmental, public, or private entity having wildfire
            protection resources;
              (2) the term ``wildfire protection resources'' means
            personnel, supplies, equipment, and other resources
            required for wildfire presuppression and suppression
            activities; and
              (3) the term ``wildfire'' means any forest or range
            fire.

    SEC. 3.\2\ IMPLEMENTATION.

        (a)(1) The Secretary of Agriculture or the Secretary of the
    Interior, in consultation with the Secretary of State, may
    enter into a reciprocal agreement with any foreign fire
    organization for mutual aid in furnishing wildfire protection
    resources for lands and other properties for which such
    Secretary or organization normally provides wildfire
    protection.
    ---------------------------------------------------------------------------
        \2\ 42 U.S.C. 1856n.
    ---------------------------------------------------------------------------
        (2) Any agreement entered into under this subsection--
              (A) shall include a waiver by each party to the
            agreement of all claims against every other party to
            the agreement for compensation for any loss, damage,
            personal injury, or death occurring in consequence of
            the performance of such agreement;
              (B) shall include a provision to allow the
            termination of such agreement by any party thereto
            after reasonable notice; and
              (C) may provide for the reimbursement of any party
            thereto for all or any part of the costs incurred by
            such party in furnishing wildfire protection resources
            for, or on behalf of, any other party thereto.
        (b) In the absence of any agreement authorized under
    subsection (a), the Secretary of Agriculture or the Secretary
    of the Interior may--
              (1) furnish emergency wildfire protection resources
            to any foreign nation when the furnishing of such
            resources is determined by such Secretary to be in the
            best interest of the United States, and
              (2) accept emergency wildfire protection resources
            from any foreign fire organization when the acceptance
            of such resources is determined by such Secretary to be
            in the best interest of the United States.
        (c) Notwithstanding the preceding provisions of this
    section, reimbursement may be provided for the costs incurred
    by the Government of Canada or a Canadian organization in
    furnishing wildfire protection resources to the government of
    the United States under--
              (1) the memorandum entitled ``Memorandum of
            Understanding Between the United States Department of
            Agriculture and Environment Canada on Cooperation in
            the Field of Forestry Related Programs'' dated June 25,
            1982; and
              (2) the arrangement entitled ``Arrangement in the
            Form of an Exchange of Notes Between the Government of
            Canada and the Government of the United States of
            America'' dated May 4, 1982.
        (d) Any service performed by any employee of the United
    States under an agreement or otherwise under this Act shall
    constitute service rendered in the line of duty in such
    employment. The performance of such service by any other
    individual shall not make such individual an employee of the
    United States.

    SEC. 4.\3\ FUNDS.

        Funds available to the Secretary of Agriculture or the
    Secretary of the Interior for wildfire protection resources in
    connection with activities under the jurisdiction of such
    Secretary may be used to carry out activities authorized under
    agreements or otherwise under this Act, or for reimbursements
    authorized under section 3(c): Provided, That no such funds may
    be expended for wildfire protection resources or personnel
    provided by a foreign fire organization unless the Secretary
    determines that no wildfire protection resources or personnel
    within the United States are reasonably available to provide
    wildfire protection.
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 1856o.
    ---------------------------------------------------------------------------

    SEC. 5.\4\ * * * [REPEALED--1989]

    ---------------------------------------------------------------------------
        \4\ Sec. 2 of Public Law 101-11 (103 Stat. 15) repealed sec. 5,
    which formerly read as follows:
    ---------------------------------------------------------------------------

    ``sec. 5. termination date.
    ---------------------------------------------------------------------------

        ``The authority to enter into agreements under section 3(a), to
    furnish or accept emergency wildfire protection resources under section
    3(b), or to incur obligations for reimbursement under section 3(c),
    shall terminate on December 31, 1988.''.
                     (17) Nuclear Waste Policy Act of 1982

    Partial text of Public Law 97-425 [H.R. 3809], 96 Stat. 2201, approved
                                January 7, 1983

    AN ACT To provide for the development of repositories for the disposal
    of high-level radioactive waste and spent nuclear fuel, to establish a
       program of research, development, and demonstration regarding the
     disposal of high-level radioactive waste and spent nuclear fuel, and
                              for other purposes.

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

    technical assistance to non-nuclear weapon states in the field of spent
                           fuel storage and disposal

        Sec. 223.\1\ (a) It shall be the policy of the United
    States to cooperate with and provide technical assistance to
    non-nuclear weapon states in the field of spent fuel storage
    and disposal.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 10203.
    ---------------------------------------------------------------------------
        (b)(1) Within 90 days of enactment of this Act, the
    Secretary and the Commission shall publish a joint notice in
    the Federal Register stating that the United States is prepared
    to cooperate with and provide technical assistance to non-
    nuclear weapon states in the fields of at-reactor spent fuel
    storage; away-from-reactor spent fuel storage; monitored,
    retrievable spent fuel storage; geologic disposal of spent
    fuel; and the health, safety, and environmental regulation of
    such activities. The notice shall summarize the resources that
    can be made available for international cooperation and
    assistance in these fields through existing programs of the
    Department and the Commission, including the availability of:
    (i) data from past or ongoing research and development
    projects; (ii) consultations with expert Department or
    Commission personnel or contractors; and (iii) liaison with
    private business entities and organizations working in these
    fields.
        (2) The joint notice described in the preceding
    subparagraph shall be updated and reissued annually for 5
    succeeding years.
        (c) Following publication of the annual joint notice
    referred to in paragraph (2), the Secretary of State shall
    inform the governments of non-nuclear weapon states and, as
    feasible, the organizations operating nuclear powerplants in
    such states, that the United States is prepared to cooperate
    with and provide technical assistance to non-nuclear weapon
    states in the fields of spent fuel storage and disposal, as set
    forth in the joint notice. The Secretary of State shall also
    solicit expressions of interest from non-nuclear weapon state
    governments and non-nuclear weapon state nuclear power reactor
    operators concerning their participation in expanded United
    States cooperation and technical assistance programs in these
    fields. The Secretary of State shall transmit any such
    expressions of interest to the Department and the Commission.
        (d) With his budget presentation materials for the
    Department and the Commission for fiscal years 1984 through
    1989, the President shall include funding requests for an
    expanded program of cooperation and technical assistance with
    non-nuclear weapon states in the fields of spent fuel storage
    and disposal as appropriate in light of expressions of interest
    in such cooperation and assistance on the part of non-nuclear
    weapon state governments and non-nuclear weapon state power
    reactor operators.
        (e) For the purposes of this subsection,\2\ the term ``non-
    nuclear weapon state'' shall have the same meaning as that set
    forth in article IX of the Treaty on the Non-Proliferation of
    Nuclear Weapons (21 U.S.C. 438).\3\
    ---------------------------------------------------------------------------
        \2\ So in original. Should probably read ``section''.
        \3\ So in original. Should probably read ``21 UST 438''.
    ---------------------------------------------------------------------------
        (f) Nothing in this subsection shall authorize the
    Department or the Commission to take any action not authorized
    under existing law.
     (18) United Nations Environment Program Participation Act of 1973 \1\

    Public Law 93-188 [H.R. 6788], 87 Stat. 713, approved December 15, 1973

    AN ACT To provide for participation by the United States in the United
                          Nations environment program.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``United Nations Environment Program
    Participation Act of 1973''.
    ---------------------------------------------------------------------------
        \1\ This Act may also be found in Legislation on Foreign Relations
    Through 2005, vol. II-B.
    ---------------------------------------------------------------------------
        Sec. 2. It is the policy of the United States to
    participate in coordinated international efforts to solve
    environmental problems of global and international concern, and
    in order to assist the implementation of this policy, to
    contribute funds to the United Nations Environmental Fund for
    the support of international measures to protect and improve
    the environment.
        Sec. 3. There is authorized to be appropriated $40,000,000
    for contributions to the United Nations Environment Fund, which
    amount is authorized to remain available until expended, and
    which may be used upon such terms and conditions as the
    President may specify: Provided, That not more than $10,000,000
    may be appropriated for use in fiscal year 1974.
          d. Strategic Environmental Research and Development Program

     Chapter 172, Title 10, United States Code, as added by title XVIII of
     Public Law 101-510 \1\ [National Defense Authorization Act for Fiscal
      Year 1991; H.R. 4739], 104 Stat. 1485 at 1750, approved November 5,
         1990; as amended by Public Law 102-25 [Persian Gulf Conflict
    Supplemental Authorization and Personnel Benefits Act of 1991; S. 725],
      105 Stat. 75, approved April 6, 1991; Public Law 102-190 [National
     Defense Authorization Act for Fiscal Years 1992 and 1993; H.R. 2100],
    105 Stat. 1290, approved December 5, 1991; Public Law 102-484 [National
     Defense Authorization Act for Fiscal Year 1993; H.R. 5006], 106 Stat.
     2315, approved October 23, 1992; Public Law 103-160 [National Defense
      Authorization Act for Fiscal Year 1994; H.R. 2401], 107 Stat. 1547,
       approved November 30, 1993; Public Law 104-106 [National Defense
       Authorization Act for Fiscal Year 1996; S. 1124], 110 Stat. 186,
        approved February 10, 1996; Public Law 105-85 [National Defense
      Authorization Act for Fiscal Year 1998; H.R. 1119], 111 Stat. 1629,
       approved November 18, 1997; Public Law 105-245 [Energy and Water
    Appropriations Act, 1999; H.R. 4060], 112 Stat. 1838, approved October
      7, 1998; Public Law 106-65 [National Defense Authorization Act for
      Fiscal Year 200; S. 1059], 113 Stat. 512, approved October 5, 1999;
    Public Law 106-398 [Floyd D. Spence National Defense Authorization Act
    for Fiscal Year 2001; H.R. 4205], 114 Stat. 1654, approved October 30,
     2000; and Public Law 108-136 [National Defense Authorization Act for
      Fiscal Year 2004; H.R. 1588], 117 Stat. 1392, approved November 24,
                                      2003

     CHAPTER 172--STRATEGIC ENVIRONMENTAL RESEARCH AND DEVELOPMENT PROGRAM

    Sec.
    2901. Strategic Environmental Research and Development Program.
    2902. Strategic Environmental Research and Development Program
    Council.
    2903. Executive Director.
    2904. Strategic Environmental Research and Development Program
    Scientific Advi-
          sory Board.

    Sec. 2901. Strategic Environmental Research and Development Program

      (a) The Secretary of Defense shall establish a program to be
    known as the ``Strategic Environmental Research and Development
    Program''.
    ---------------------------------------------------------------------------
        \1\ Secs. 1801 and 1802 of Public Law 101-510 (104 Stat. 1757; 10
    U.S.C. 2904 note) further provided, relating to this chapter:
        ``(b) Initial Appointments of Advisory Board Members.--(1) The
    Secretary of Defense and the Secretary of Energy shall make the
    appointments required by section 2904(a) of title 10, United States
    Code (as added by subsection (a)(1)), not later than 60 days after the
    date of the enactment of this Act.
        ``(2) Up to one-half of the members originally appointed to the
    Strategic Environmental Research and Development Program Scientific
    Advisory Board established under section 2904 of title 10, United
    States Code, as added by subsection (a)(1), may be appointed for terms
    of not more than six and not less than two years in order to provide
    for staggered expiration of the terms of members. The Secretary of
    Defense and the Secretary of Energy, in consultation with the
    Administrator of the Environmental Protection Agency, shall designate
    the members appointed for terms authorized under this paragraph and
    shall specify the terms for which such members are appointed.
        ``(c) First Annual Report of the Strategic Environmental Research
    and Development Program Council.--(1) The first annual report required
    by section 2902(h) of title 10, United States Code, as added by
    subsection (a)(1), shall be submitted to the Secretary of Defense, the
    Secretary of Energy, and the Administrator of the Environmental
    Protection Agency not later than February 1, 1992.
        ``(2) The Strategic Environmental Research and Development Program
    Council shall conduct and include as part of the first annual report
    required pursuant to section 2902(h) of title 10, United States Code,
    as added by subsection (a)(1), an assessment of the advisability of,
    and various alternatives to, charging fees for information released, as
    required pursuant to sections 2901(b)(3), 2902(e)(1) and (2), and
    2902(g)(2)(I) of such title (as so added), to private sector entities
    operating for a profit.
        ``(3) The Secretary of Defense, the Secretary of Energy, and the
    Administrator of the Environmental Protection Agency shall submit to
    the Congress, with the annual report referred to in paragraph (1), any
    recommendations for changes in the structure or personnel of the
    Council that the Secretaries and the Administrator consider necessary
    to carry out the environmental activities of the strategic
    environmental research and development program.
        ``(d) First Annual Report of the Strategic Environmental Research
    and Development Program Scientific Advisory Board.--The first annual
    report of the Strategic Environmental Research and Development Program
    Scientific Advisory Board required by section 2904(h) of title 10,
    United States Code, as added by subsection (a)(1), shall be submitted
    not later than March 15, 1992.
    ---------------------------------------------------------------------------

    ``sec. 1802. availability of funds
    ---------------------------------------------------------------------------

        ``Of the amounts authorized to be appropriated pursuant to section
    201, $200,000,000 shall be available for the Strategic Environmental
    Research and Development Program established under chapter 172 of title
    10, United States Code, as added by section 1001. To the extent
    provided in appropriation Acts, the amount made available by this
    section shall remain available until expended.''.
    ---------------------------------------------------------------------------
      (b) The purposes of the program are as follows:
              (1) To address environmental matters of concern to
            the Department of Defense and the Department of Energy
            through support for basic and applied research and
            development of technologies that can enhance the
            capabilities of the departments to meet their
            environmental obligations.
              (2) To identify research, technologies, and other
            information developed by the Department of Defense and
            the Department of Energy for national defense purposes
            that would be useful to governmental and private
            organizations involved in the development of energy
            technologies and of technologies to address
            environmental restoration, waste minimization,
            hazardous waste substitution, and other environmental
            concerns, and to share such research, technologies, and
            other information with such governmental and private
            organizations.
              (3) To furnish other governmental organizations and
            private organizations with data, enhanced data
            collection capabilities, and enhanced analytical
            capabilities for use by such organizations in the
            conduct of environmental research, including research
            concerning global environmental change.
              (4) To identify technologies developed by the private
            sector that are useful for Department of Defense and
            Department of Energy defense activities concerning
            environmental restoration, hazardous and solid waste
            minimization and prevention, hazardous material
            substitution, and provide for the use of such
            technologies in the conduct of such activities.

    Sec. 2902. Strategic Environmental Research and Development Program
                        Council

      (a) There is a Strategic Environmental Research and
    Development Program Council (hereinafter in this chapter
    referred to as the ``Council'').
      (b) \2\, \5\, \7\ The Council is
    composed of 12 \3\ members as follows:
    ---------------------------------------------------------------------------
        \2\ Sec. 265(a) of Public Law 103-160 (107 Stat. 1611) struck out
    para. (1), which had assigned to the Council the ``Assistant Secretary
    of Defense responsible for matters relating to production and
    logistics''; redesignated paras. (2) through (4) as paras. (1) through
    (3), respectively; inserted a new para. (4); struck out para. (6),
    which had assigned to the Council the ``Director of the Department of
    Energy Office of Environmental Restoration and Waste Management''; and
    inserted a new para. (6).
        \3\ Sec. 257(a)(1) of Public Law 102-190 (105 Stat. 1331) increased
    membership from nine to thirteen. Sec. 203(a)(1) of Public Law 104-106
    (110 Stat. 217) struck out ``thirteen'' and inserted in lieu thereof
    ``12''.
    ---------------------------------------------------------------------------
              (1) The Deputy Under Secretary of Defense for Science
            and Technology.\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 324 of the National Defense Authorization Act for Fiscal
    Year 200 (Public Law 106-65; 113 Stat. 778) struck out ``Director of
    Defense Research and Engineering'' and inserted in lieu thereof
    ``Deputy Under Secretary of Defense for Science and Technology''.
    ---------------------------------------------------------------------------
              (2) The Vice Chairman of the Joint Chiefs of Staff.
              (3) \5\ The Deputy Under Secretary of Defense
            responsible for environmental security.
    ---------------------------------------------------------------------------
        \5\ Sec. 203(a)(2) and (3) of Public Law 104-106 (110 Stat. 217)
    struck out para. (3), which named the Assistant Secretary of the Air
    Force responsible for matters relating to space, and renumbered the
    subsequent paras.
    ---------------------------------------------------------------------------
              (4) The Assistant Secretary of Energy for Defense
            programs.
              (5) The Assistant Secretary of Energy responsible for
            environmental restoration and waste management.
              (6) The Director of the Department of Energy Office
            of Science.\6\
    ---------------------------------------------------------------------------
        \6\ Sec. 309(b)(2)(B) of the Energy and Water Appropriations Act,
    1999 (Public Law 105-243; 112 Stat. 1853) struck out ``Energy
    Research'' and inserted in lieu thereof ``Science''.
    ---------------------------------------------------------------------------
              (7) The Administrator of the Environmental Protection
            Agency.
              (8) \7\ One representative from each of the Army,
            Navy, Air Force, and Coast Guard.\8\
    ---------------------------------------------------------------------------
        \7\ Sec. 257(a)(2) and (3) of Public Law 102-190 (105 Stat. 1331)
    redesignated subsequent paras. and inserted a new para. (9), since
    redesignated as ``(8)''.
        \8\ Sec. 203(a)(4) of Public Law 104-106 (110 Stat. 217) struck out
    ``, who shall be nonvoting members''. Previously, sec. 1052(38) of
    Public Law 102-484 (106 Stat. 2501) made a technical correction to
    para. (8).
    ---------------------------------------------------------------------------
              (9) The Executive Director of the Council (appointed
            pursuant to section 2903 of this title), who shall be a
            nonvoting member.
      (c) The Secretary of Defense shall designate a member of the
    Council as chairman for each odd numbered fiscal year. The
    Secretary of Energy shall designate a member of the Council as
    chairman for each even-numbered fiscal year.
      (d) The Council shall have the following responsibilities:
              (1) To prescribe policies and procedures to implement
            the Strategic Environmental Research and Development
            Program.
              (2) To enter into contracts, grants, and other
            financial arrangements, in accordance with other
            applicable law, to carry out the purposes of the
            Strategic Environmental Research and Development
            Program.
              (3) \9\ To prepare an annual report that contains the
            following:
    ---------------------------------------------------------------------------
        \9\ Sec. 203(b)(1)(A) of Public Law 104-106 (110 Stat. 217) amended
    and restated para. (3).
    ---------------------------------------------------------------------------
                      (A) A description of activities of the
                    strategic environmental research and
                    development program carried out during the
                    fiscal year before the fiscal year in which the
                    report is prepared.
                      (B) A general outline of the activities
                    planned for the program during the fiscal year
                    in which the report is prepared.
                      (C) A summary of projects continued from the
                    fiscal year before the fiscal year in which the
                    report is prepared and projects expected to be
                    started during the fiscal year in which the
                    report is prepared and during the following
                    fiscal year.
                      (D) \10\ A summary of the actions of the
                    Strategic Environmental Research and
                    Development Program Scientific Advisory Board
                    during the year preceding the year in which the
                    report is submitted and any recommendations,
                    including recommendations on program direction
                    and legislation, that the Advisory Board
                    considers appropriate regarding the program.
    ---------------------------------------------------------------------------
        \10\ Sec. 313(b) of H.R. 5408, the Floyd D. Spence National Defense
    Authorization Act for Fiscal Year 2001, as enacted by Public Law 106-
    398 (114 Stat. 1654A-55), added subpara. (D).
    ---------------------------------------------------------------------------
              (4) To promote the maximum exchange of information,
            and to minimize duplication, regarding environmentally
            related research, development, and demonstration
            activities through close coordination with the military
            departments and Defense Agencies, the Department of
            Energy, the Environmental Protection Agency, the
            National Oceanic and Atmospheric Administration, the
            National Aeronautics and Space Administration, other
            departments and agencies of the Federal Government or
            any State and local governments, including the National
            Science and Technology Council,\11\ and other
            organizations engaged in such activities.
    ---------------------------------------------------------------------------
        \11\ Sec. 203(b)(1)(B) of Public Law 104-106 (110 Stat. 217) struck
    out ``Federal Coordinating Council on Science, Engineering, and
    Technology'' and inserted in lieu thereof ``National Science and
    Technology Council''.
    ---------------------------------------------------------------------------
              (5) To ensure that research and development
            activities under the Strategic Environmental Research
            and Development Program do not duplicate other ongoing
            activities sponsored by the Department of Defense, the
            Department of Energy, the Environmental Protection
            Agency, the National Oceanic and Atmospheric
            Administration, the National Aeronautics and Space
            Administration, or any other department or agency of
            the Federal Government.
              (6) To ensure that the research and development
            programs identified for support pursuant to policies
            and procedures prescribed by the council utilize, to
            the maximum extent possible, the talents, skills, and
            abilities residing at the Federal laboratories,
            including the Department of Energy multiprogram and
            defense laboratories, the Department of Defense
            laboratories, and Federal contract research centers. To
            utilize the research capabilities of institutions of
            higher education and private industry to the extent
            practicable.
      (e) In carrying out subsection (d)(1), the Council shall
    prescribe policies and procedures that--
              (1) provide for appropriate access by Federal
            Government personnel, State and local government
            personnel, college and university personnel, industry
            personnel, and the general public to data under the
            control of, or otherwise available to, the Department
            of Defense that is relevant to environmental matters
            by--
                      (A) identifying the sources of such data;
                      (B) publicizing the availability and sources
                    of such data by appropriately-targeted
                    dissemination of information to such personnel
                    and the general public, and by other means; and
                      (C) providing for review of classified data
                    relevant to environmental matters with a view
                    to declassifying or preparing unclassified
                    summaries of such data;
              (2) provide governmental and nongovernmental entities
            with analytic assistance, consistent with national
            defense missions, including access to military
            platforms for sensor deployment and access to computer
            capabilities, in order to facilitate environmental
            research;
              (3) provide for the identification of energy
            technologies developed for national defense purposes
            (including electricity generation systems, energy
            storage systems, alternative fuels, biomass energy
            technology, and applied materials technology) that
            might have environmentally sound, energy efficient
            applications for other programs of the Department of
            Defense and the Department of Energy national security
            programs; \12\
    ---------------------------------------------------------------------------
        \12\ Sec. 203(c) of Public Law 104-106 (110 Stat. 218) struck out
    ``programs, particularly technologies that have the potential for
    industrial, commercial, and other governmental applications, and to
    support programs of research in and development of such applications;''
    and inserted in lieu thereof ``programs;''.
    ---------------------------------------------------------------------------
              (4) provide for the identification and support of
            programs of basic and applied research, development,
            and demonstration in technologies useful--
                      (A) to facilitate environmental compliance,
                    remediation, and restoration activities of the
                    Department of Defense and at Department of
                    Energy defense facilities;
                      (B) to minimize waste generation, including
                    reduction at the source, by such departments;
                    or
                      (C) to substitute use of nonhazardous,
                    nontoxic, nonpolluting, and other
                    environmentally sound materials and substances
                    for use of hazardous, toxic, and polluting
                    materials and substances by such departments;
              (5) provide for the identification and support of
            research, development, and application of other
            technologies developed for national defense purposes
            which not only are directly useful for programs,
            projects, and activities of such departments, but also
            have useful applications for solutions to such national
            and international environmental problems as climate
            change and ozone depletion;
              (6) provide for the Secretary of Defense, the
            Secretary of Energy, and the Administrator of the
            Environmental Protection Agency, in cooperation with
            other Federal and State agencies, as appropriate, to
            conduct joint research, development, and demonstration
            projects relating to innovative technologies,
            management practices, and other approaches for purposes
            of--
                      (A) preventing pollution from all sources;
                      (B) minimizing hazardous and solid waste,
                    including recycling; and
                      (C) treating hazardous and solid waste,
                    including the use of thermal, chemical, and
                    biological treatment technologies;
              (7) encourage transfer of technologies referred to in
            clauses (2) through (6) to the private sector under the
            Stevenson-Wydler Technology Innovation Act of 1980 (15
            U.S.C. 3701 et seq.) and other applicable laws;
              (8) provide for the identification of, and planning
            for the demonstration and use of, existing
            environmentally sound, energy-efficient technologies
            developed by the private sector that could be used
            directly by the Department of Defense;
              (9) provide for the identification of military
            specifications that prevent or limit the use of
            environmentally beneficial technologies, materials, and
            substances in the performance of Department of Defense
            contracts and recommend changes to such specifications;
            and
              (10) to ensure that the research and development
            programs identified for support pursuant to the
            policies and procedures prescribed by the Council are
            closely coordinated with, and do not duplicate, ongoing
            activities sponsored by the Department of Defense, the
            Department of Energy, the Environmental Protection
            Agency, the National Aeronautics and Space
            Administration, the National Oceanic and Atmospheric
            Administration, or other Federal agencies.
      (f) \13\ The Council shall be subject to the authority,
    direction, and control of the Secretary of Defense in
    prescribing policies and procedures under subsection (d)(1).
    ---------------------------------------------------------------------------
        \13\ Sec. 203(b)(2) of Public Law 104-106 (110 Stat. 217) struck
    out subsecs. (f) and (h), and redesignated subsec. (g) as subsec. (f).
    ---------------------------------------------------------------------------
        (g) \14\ Not later than February 1 of each year, the
    Council shall submit to the Secretary of Defense the annual
    report prepared pursuant to subsection (d)(3).
    ---------------------------------------------------------------------------
        \14\ Sec. 203(b)(2)(C) of Public Law 104-106 (110 Stat. 217) added
    a new subsec. (g).
        Subsequently, sec. 1031(a)(52) of the National Defense
    Authorization Act for Fiscal Year 2004 (Public Law 108-136; 117 Stat.
    1603) struck out the paragraph designation ``(1)'', and struck out
    para. (2), which had read as follows:
        ``(2) Not later than March 15 of each year, the Secretary of
    Defense shall submit such annual report to Congress, along with such
    comments as the Secretary considers appropriate.''.
    ---------------------------------------------------------------------------

    Sec. 2903. Executive Director

      (a) There shall be an Executive Director of the Council
    appointed by the Secretary of Defense after consultation with
    the Secretary of Energy.
      (b) Subject to the authority, direction, and control of the
    Secretary of Defense, the Executive Director is responsible for
    the management of the Strategic Environmental Research and
    Development Program in accordance with the policies established
    by the Council.
      (c) The Executive Director may enter into contracts using
    competitive procedures. The Executive Director may enter into
    \15\ other agreements in accordance with applicable law. In
    either case,\16\ the Executive Director shall first obtain the
    approval of the Council for any contract or agreement in an
    amount equal to or in excess of $500,000 or such lesser amount
    as the Council may prescribe.
    ---------------------------------------------------------------------------
        \15\ Sec. 203(d)(1) of Public Law 104-106 (110 Stat. 218) struck
    out ``or'' after ``contracts'' and inserted in lieu thereof ``using
    competitive procedures. The Executive Director may enter into''.
        \16\ Sec. 203(d)(2) of Public Law 104-106 (110 Stat. 218) struck
    out ``law, except that'' and inserted in lieu thereof ``law. In either
    case,''.
    ---------------------------------------------------------------------------
      (d)(1) The Executive Director, with the concurrence of the
    Council, may appoint such professional and clerical staff as
    may be necessary to carry out the responsibilities and policies
    of the Council.
      (2) The Executive Director, with the concurrence of the
    Council and without regard to the provisions of chapter 51 of
    title 5 and subchapter III of chapter 53 of such title, may
    establish the rates of basic pay for professional, scientific,
    and technical employees appointed pursuant to paragraph
    (1).\17\
    ---------------------------------------------------------------------------
        \17\ Sec. 701(h)(2) of Public Law 102-25 (105 Stat. 115) struck out
    ``two years after the date of the enactment of the National Defense
    Authorization Act for Fiscal Year 1991'', and inserted in lieu thereof
    ``on November 5, 1992''. Sec. 265(b) of Public Law 103-160 (107 Stat.
    1611) subsequently struck out ``November 5, 1992'' and inserted in lieu
    thereof ``September 30, 1995''. Sec. 203(e)(1) of Public Law 104-106
    (110 Stat. 218) struck out ``The authority provided in the preceding
    sentence shall expire on September 30, 1995.'' effective September 29,
    1995, pursuant to sec. 203(e)(2) of that Act.
    ---------------------------------------------------------------------------

    Sec. 2904. Strategic Environmental Research and Development Program
                        Scientific Advisory Board

      (a) The Secretary of Defense and the Secretary of Energy, in
    consultation with the Administrator of the Environmental
    Protection Agency, shall jointly appoint a Strategic
    Environmental Research and Development Program Scientific
    Advisory Board (hereafter in this section referred to as the
    ``Advisory Board'') consisting of not less than six and not
    more than 14 \18\ members.
    ---------------------------------------------------------------------------
        \18\ Sec. 257(b)(1) of Public Law 102-190 (105 Stat. 1331)
    increased membership from 13.
    ---------------------------------------------------------------------------
      (b)(1) \19\ The following persons shall be permanent members
    of the Advisory Board:
    ---------------------------------------------------------------------------
        \19\ Sec. 257(b)(2) of Public Law 102-190 (105 Stat. 1331) amended
    and restated para. (1).
    ---------------------------------------------------------------------------
              (A) the Science Advisor to the President, or his
            designee.
              (B) The Administrator of the National Oceanic and
            Atmospheric Administration, or his designee.
      (2) Other members of the Advisory Board shall be appointed
    from among persons eminent in the fields of basic sciences,
    engineering, ocean and environmental sciences, education,
    research management, international and security affairs, health
    physics, health sciences, or social sciences, with due regard
    given to the equitable representation of scientists and
    engineers who are women or who represent minority groups. At
    least one member of the Advisory Board shall be a
    representative of environmental public interest groups and one
    member shall be a representative of the interests of State
    governments.
      (3) The Secretary of Defense and the Secretary of Energy, in
    consultation with the Administrator of the Environmental
    Protection Agency, shall request--
              (A) that the head of the National Academy of
            Sciences, in consultation with the head of the National
            Academy of Engineering and the head of the Institutes
            of Medicine of the National Academy of Sciences,
            nominate persons for appointment to the Advisory Board;
              (B) that the Council on Environmental Quality
            nominate for appointment to the Advisory Board at least
            one person who is a representative of environmental
            public interest groups; and
              (C) that the National Association of Governors
            nominate for appointment to the Advisory Board at least
            one person who is representative of the interests of
            State governments.
      (4) Members of the Advisory Board shall be appointed for
    terms of not less than two years and not more than four
    years.\20\
    ---------------------------------------------------------------------------
        \20\ Sec. 341 of the National Defense Authorization Act for Fiscal
    Year 1998 (Public Law 105-85; 111 Stat. 1686) struck out ``three'' and
    inserted in lieu thereof ``not less than two years and not more than
    four''.
    ---------------------------------------------------------------------------
      (c) A member of the Advisory Board who is not otherwise
    employed by the Federal Government shall not be considered to
    be a Federal employee, except for the purposes of chapter 81 of
    title 5 (relating to compensation for work-related injuries)
    and chapter 171 of title 28 (relating to tort claims).
      (d) The Advisory Board shall prescribe procedures for
    carrying out its responsibilities. Such procedures shall define
    a quorum as a majority of the members, provide for annual
    election of the Chairman by the members of the Advisory Board,
    and require at least four meetings of the Advisory Board each
    year.
      (e) The Council shall refer to the Advisory Board, and the
    Advisory Board shall review, each proposed research project
    including its estimated cost, for research in and development
    of technologies related to environmental activities in excess
    of $1,000,000. The Advisory Board shall make any
    recommendations to the Council that the Advisory Board
    considers appropriate regarding such project or proposal.
      (f) The Advisory Board may make recommendations to the
    Council regarding technologies, research, projects, programs,
    activities, and, if appropriate, funding within the scope of
    the Strategic Environmental Research and Development Program.
      (g) The Advisory Board shall assist and advise the Council in
    identifying the environmental data and analytical assistance
    activities that should be covered by the policies and
    procedures prescribed pursuant to section 2902(d)(1) of this
    title.
      (h) Not later than March 15 of each year, the Advisory Board
    shall submit to the Congress an annual report setting forth its
    actions during the year preceding the year in which the report
    is submitted and any recommendations, including recommendations
    on projects, programs, and information exchange and
    recommendations for legislation, that the Advisory Board
    considers appropriate regarding the Strategic Environmental
    Research and Development Program.
      (i) Each member of the Advisory Board shall be required to
    file a financial disclosure report under title I of the Ethics
    in Government Act of 1978 (5 U.S.C. App.).
      e. Environmental Policy and International Financial Institutions \1\

                (1) Bretton Woods Agreements Act, as amended \2\

     Partial text of Public Law 79-171 [H.R. 3314], 59 Stat. 512, approved
                           July 31, 1945, as amended

      AN ACT To provide for the participation of the United States in the
          International Monetary Fund and the International Bank for
                        Reconstruction and Development.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ See also various Foreign Operations, Export Financing, and
    Related Programs Appropriations Acts, beginning at page xxx.
        \2\ For full text of this Act, see Legislation on Foreign Relations
    Through 2005, vol. III.
    ---------------------------------------------------------------------------

                                  short title

        Section 1. This Act may be cited as the ``Bretton Woods
    Agreements Act.''
              * * * * * * *

    SEC. 55.\3\ DISCUSSIONS TO ENHANCE THE CAPACITY OF THE FUND TO
                        ALLEVIATE THE POTENTIALLY ADVERSE IMPACTS OF FUND
                        PROGRAMS ON THE POOR AND THE ENVIRONMENT.

        The Secretary of the Treasury shall instruct the United
    States Executive Director of the Fund to seek policy changes by
    the Fund, through formal initiatives and through bilateral
    discussions, which will result in--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 286kk. Sec. 302 of the International Development and
    Finance Act of 1989 (Public Law 101-240; 103 Stat. 2500) added sec. 55.
    ---------------------------------------------------------------------------
              (1) the initiation of a systematic review of policy
            prescriptions implemented by the Fund, for the purpose
            of determining whether the Fund's objectives were met
            and the social and environmental impacts of such policy
            prescriptions; and
              (2) the establishment of procedures which ensure the
            inclusion, in future economic reform programs approved
            by the Fund, of policy options which eliminate or
            reduce the potential adverse impact on the well-being
            of the poor or the environment resulting from such
            programs.
              * * * * * * *

    SEC. 59.\4\ FUND POLICY CHANGES.

        (a) Policy Changes Within the IMF.--The Secretary of the
    Treasury shall instruct the United States Executive Director of
    the Fund to promote regularly and vigorously in program
    discussions and quota increase negotiations the following
    proposals:
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 286ll. Sec. 1002 of the FREEDOM Support Act (Public
    Law 102-511; 106 Stat. 3357) added sec. 59.
    ---------------------------------------------------------------------------
              (1) Poverty alleviation, reduction of barriers to
            economic and social progress, and progress toward
            environmentally sound policies and programs.--(A)(i)
            Considerations of poverty alleviation and the reduction
            of barriers to economic and social progress should be
            incorporated into all Fund programs and all
            consultations under article IV of the Articles of
            Agreement of the Fund.
              (ii) Preparation of Policy Framework Papers should be
            extended to all nations which have Fund programs and
            active Bank or International Development Association
            lending programs, and existence of a Policy Framework
            Paper should be a precondition for new lending to such
            nations by the Fund.
              (iii) All Policy Framework Papers should articulate
            the principal poverty, economic, and social measures
            that the borrowing nation needs to address, and this
            portion of the Policy Framework Paper (or a summary
            thereof that includes specific measures and timing)
            should be made available when the Policy Framework
            Paper is submitted to the Executive Directors of the
            Bank and of the Fund for consideration.
              (iv) In considering whether to allocate resources of
            the Fund to a borrower, the Fund should take into
            consideration the nature of the program and commitment
            of the borrower to address the issues referred to in
            clause (iii).
              (v) The Fund should establish procedures to enable
            the Fund to cooperate with the Bank in evaluating the
            effectiveness of the measures referred to in clause
            (iii), at the levels of policy, project design,
            monitoring, and reporting, in the international
            financial institutions and in the borrowing nations.
              (B)(i) The Fund should be encouraged to make further
            progress toward environmentally sound policies and
            programs.
              (ii) The Fund should incorporate environmental
            considerations into all Fund programs, including
            consultations under article IV of the Articles of
            Agreement of the Fund.
              (iii) The Fund should be encouraged to support the
            efforts of nations to implement systems of natural
            resource accounting in their national income accounts.
              (iv) The Fund should be encouraged to assist and
            cooperate fully with the statistical research being
            undertaken by the Organization for Economic Cooperation
            and Development and by the United Nations in order to
            facilitate development and adoption of a generally
            applicable system for taking account of the depletion
            or degradation of natural resources in national income
            accounts.
              (v) The Fund should be encouraged to consider and
            implement, as appropriate, revisions in its national
            income reporting systems consistent with such new
            systems as are of general applicability.
              (2) Policy audits.--(A) The Fund should conduct
            periodic audits to review systematically the policy
            prescriptions recommended and required by the Fund in
            the areas of poverty and the environment.
              (B) The purposes of such audits would be--
                      (i) to determine whether the Fund's
                    objectives were met; and
                      (ii) to evaluate the social and environmental
                    impacts of the implementation of the policy
                    prescriptions.
              (C) Such audits would have access to all ongoing
            programs and activities of the Fund and the ability to
            review the effects of Fund-supported programs, on a
            country-by-country basis, with respect to poverty,
            economic development, and environment.
              (D) Such audits should be made public as appropriate
            with due respect to confidentiality.
              (3) Ensuring policy options that increase the
            productive participation of the poor.--The Fund should
            establish procedures that ensure the focus of future
            economic reform programs approved by the Fund on policy
            options that increase the productive participation of
            the poor in the economy.
              (4) Public access to information.--(A) The Fund
            should establish procedures for public access to
            information.
              (B) Such procedures shall seek to ensure access of
            the public to information while paying due regard to
            appropriate confidentiality.
              (C) Policy Framework Papers and the supporting
            documents prepared by the Fund's mission to a country
            are examples of documents that should be made public at
            an appropriate time and in appropriate ways.
        (b) Progress Report.--Each annual report of the National
    Advisory Council on International Monetary and Financial
    Policies shall describe the following:
              (1) The actions that the United States Executive
            Director and other officials have taken to convince the
            Fund to adopt the proposals set forth in subsection (a)
            through formal initiatives before the Board and
            management of the Fund, through bilateral discussions
            with other member nations, and through any further
            quota increase negotiations.
              (2) The status of the progress being made by the Fund
            in implementing the proposals set forth in subsection
            (a).
        (c) Study.--The Secretary of the Treasury shall instruct
    the United States Executive Director to the Fund to urge the
    Fund--
              (1) to explore ways to increase the involvement and
            participation of important ministries, national
            development experts, environmental experts, free-market
            experts, and other legitimate experts and
            representatives from the loan-recipient country in the
            development of Fund programs; and
              (2) to report on the status of Fund efforts in this
            regard.
              * * * * * * *
                (2) International Financial Institutions Act \1\

    Partial text of Public Law 95-118 [H.R. 5262], 91 Stat. 1067, approved
                          October 3, 1977, as amended

     AN ACT To provide for increased participation by the United States in
        the International Bank for Reconstruction and Development, the
       International Development Association, the International Finance
    Corporation, the Asian Development Bank and the Asian Development Fund,
                            and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ This Act also may be found in Legislation on Foreign Relations
    Through 2005, vol. III.
    ---------------------------------------------------------------------------

                                  short title

        Section 1.\2\ This Act may be cited as the International
    Financial Institutions Act.
    ---------------------------------------------------------------------------
        \2\ Sec. 1361(a) of Public Law 97-35 (95 Stat. 745) added sec. 1.
    ---------------------------------------------------------------------------
              * * * * * * *

                        TITLE XIII--THE ENVIRONMENT \3\

        Sec. 1301.\4\ The Congress finds that--
    ---------------------------------------------------------------------------
        \3\ Sec. 701 of H.R. 3750, as introduced by the House Committee on
    Banking, Finance and Urban Affairs, on December 11, 1987, and enacted
    into law by title I of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1988 (sec. 101(e) of the
    Continuing Appropriations Act, 1988; Public Law 100-202; 101 Stat. 1329
    at 1329-134), added titles XIII through XVI.
        \4\ 22 U.S.C. 262m.
    ---------------------------------------------------------------------------
              (1) United States assistance to the multilateral
            development banks should promote sustainable use of
            natural resources and the protection of the
            environment, public health, and the status of
            indigenous peoples in developing countries;
              (2) multilateral development bank projects, policies,
            and loans have failed in some cases to provide adequate
            safeguards for the environment, public health, natural
            resources, and indigenous peoples;
              (3) many development efforts of the multilateral
            development banks are more enduring and less costly if
            based on consultations with directly affected
            population groups and communities;
              (4) developing country governments sometimes do not
            ensure that appropriate policies and procedures are in
            place to use natural resources sustainably or consult
            with affected population groups and communities, where
            costs could be reduced or benefits made more enduring;
            and
              (5) in general, the multilateral development banks do
            not yet provide systematic and adequate assistance to
            their borrowers to encourage sustainable resource use
            and consultation with affected communities, where costs
            could be reduced or benefits made more enduring.
        Sec. 1302.\5\ The Secretary of the Treasury and the
    Secretary of State, in cooperation with the Administrator of
    the Agency for International Development, shall vigorously
    promote mechanisms to strengthen the environmental performance
    of these banks. These mechanisms shall include strengthening
    organizational, administrative, and procedural arrangements
    within the banks which will substantially improve management of
    assistance programs necessary to ensure the sustainable use of
    natural resources and the protection of indigenous peoples.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 262m-1.
    ---------------------------------------------------------------------------
        Sec. 1303.\6\ (a)(1) In the course of reviewing assistance
    proposals of the multilateral development banks, the
    Administrator of the Agency for International Development, in
    consultation with the Secretary of the Treasury and the
    Secretary of State, shall ensure that other agencies and
    appropriate United States embassies and overseas missions of
    the Agency for International Development are instructed to
    analyze, where feasible, the environmental impacts of
    multilateral development loans well in advance of such loans'
    approval by the relevant institutions to determine whether the
    proposals will contribute to the sustainable development of the
    borrowing country.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 262m-2.
    ---------------------------------------------------------------------------
        (2) To the extent possible, such reviews shall address the
    economic viability of the project, adverse impacts on the
    environment, natural resources, public health, and indigenous
    peoples, and recommendations as to measures, including
    alternatives, that could eliminate or mitigate adverse impacts.
        (3) If there is reason to believe that any such loan is
    particularly likely to have substantial adverse impacts, the
    Administrator of the Agency for International Development, in
    consultation with the Secretary of the Treasury and the
    Secretary of State, shall ensure that an affirmative
    investigation of such impacts is undertaken in consultation
    with relevant Federal agencies. If not classified under the
    national security system of classification, the information
    collected pursuant to this paragraph shall be made available to
    the public.
        (b)(1) \7\ The Secretary of the Treasury shall instruct the
    Executive Directors representing the United States at the
    multilateral development banks as defined in section 1307(g)
    \7\ to urge the management and other directors of each such
    bank, to provide sufficient time between the circulation of
    assistance proposals and bank action on those proposals, in
    order to permit their evaluation by major shareholder
    governments.
    ---------------------------------------------------------------------------
        \7\ Sec. 593(b) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2005 (division D of the
    Consolidated Appropriations Act, 2005; Public Law 108-447; 118 Stat.
    3037), inserted paragraph designation ``(1)'', struck out
    ``International Bank for Reconstruction and Development, the Inter-
    American Development Bank, the Asian Development Bank, and the African
    Development Bank'', and inserted in lieu thereof ``multilateral
    development banks as defined in section 1307(g)'', and added paras. (2)
    and (3).
    ---------------------------------------------------------------------------
        (2) \7\ The Secretary of the Treasury shall instruct such
    Executive Directors to work with other countries' Executive
    Directors and multilateral development bank management to--
              (A) improve the procedures of each multilateral
            development bank for providing its board of directors
            with a complete and accurate record regarding public
            consultation before they vote on proposed projects with
            significant environmental implications; and
              (B) revise bank procedures to consistently require
            public consultation on operational policy proposals or
            revisions that have significant environmental or social
            implications.
        (3) \7\ Progress under this subsection shall be
    incorporated into Treasury's required annual report to Congress
    on the environmental performance of the multilateral
    development banks.
        (c) Based on the information obtained during the evaluation
    referred to in subsection (a) and other available information,
    the Administrator of the Agency for International Development,
    in consultation with the Secretary of the Treasury and the
    Secretary of State, shall identify those assistance proposals
    likely to have adverse impacts on the environment, natural
    resources, public health, or indigenous peoples. The proposals
    so identified shall be transmitted to the Committee on
    Appropriations and the Committee on Banking, Finance and Urban
    Affairs \8\ of the House of Representatives and the Committee
    on Appropriations and the Committee on Foreign Relations of the
    Senate, not later than June 30 and December 31 of each year
    following the date of enactment of this title.
    ---------------------------------------------------------------------------
        \8\ Sec. 1(a)(2) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Banking, Finance and Urban Affairs of
    the House of Representatives shall be treated as referring to the
    Committee on Banking and Financial Services of the House of
    Representatives. Subsequently, H. Res. 5, 107th Congress, passed on
    January 3, 2001, abolished the House Committee on Banking, Finance, and
    Urban Affairs, and replaced it with the House Committee on Financial
    Services.
    ---------------------------------------------------------------------------
        (d) The Secretary of the Treasury shall forward reports
    concerning information received under subsection (a) to the
    Executive Director representing the United States in the
    appropriate bank with instructions to seek to eliminate or
    mitigate adverse impacts which may result from the proposal.
        Sec. 1304.\9\ The Secretary of the Treasury, in
    consultation with the Secretary of State and the Administrator
    of the Agency for International Development, shall create a
    system for cooperative exchange of information with other
    interested member countries on assistance proposals of the
    multilateral development banks.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 262m-3.
    ---------------------------------------------------------------------------
        Sec. 1305.\10\ The Secretary of the Treasury shall instruct
    the United States Executive Directors of the multilateral
    development banks to support the strengthening of educational
    programs within each multilateral development bank to improve
    the capacity of mid-level managers to initiate and manage
    environmental aspects of development activities, and to train
    officials of borrowing countries in the conduct of
    environmental analyses.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 262m-4.
    ---------------------------------------------------------------------------
        Sec. 1306.\11\ (a) The Secretary of the Treasury shall
    instruct the United States Executive Director of each
    multilateral development bank to vigorously and continuously
    urge that each bank identify and develop methods and procedures
    to insure that in addition to economic and technical
    considerations, unquantified environmental values be given
    appropriate consideration in decisionmaking, and include in the
    documents circulated to the Board of Executive Directors
    concerning each assistance proposal a detailed statement, to
    include assessment of the benefits and costs of environmental
    impacts and possible mitigating measures, on the environmental
    impact of the proposed action, any adverse environmental
    effects which cannot be avoided if the proposal is implemented,
    and alternatives to the proposed action.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 262m-5.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury shall instruct the United
    States Executive Director of each multilateral development bank
    to vigorously and continuously promote--
              (1) increases in the proportion of loans supporting
            environmentally beneficial policies, projects, and
            project components;
              (2) the establishment of environmental programs in
            appropriate policy-based loans for the purpose of
            improving natural resource management, environmental
            quality, and protection of biological diversity;
              (3) increases in the proportion of staff with
            professional training and experience in ecology and
            related areas and in the areas of anthropological and
            sociological impact analysis to ensure systematic
            appraisal and monitoring of environmental and
            sociocultural impacts of projects and policies;
              (4) active and systematic encouragement of
            participation by borrowing countries nongovernmental
            environmental, community and indigenous peoples'
            organizations at all stages of preparations for country
            lending strategies, policy based loans, and loans that
            may have adverse environmental or sociocultural
            impacts; and
              (5) full availability to concerned or affected non-
            governmental and community organization, early in the
            preparation phase and at all subsequent stages of
            planning of full documentary information concerning
            details of design and potential environmental and
            sociocultural impacts of proposed loans.

    SEC. 1307.\12\ ASSESSMENT OF ENVIRONMENTAL IMPACT OF PROPOSED
                        MULTILATERAL DEVELOPMENT BANK ACTIONS.
    ---------------------------------------------------------------------------

        \12\ 22 U.S.C. 262m-7. Added by sec. 521 of the International
    Development and Finance Act of 1989 (Public Law 101-240; 103 Stat.
    2511), as sec. 1308. The same Act repealed the standing sec. 1307 and
    redesignated this sec. as sec. 1307. The repealed sec. 1307 had
    required an annual report be submitted by Secretary of the Treasury,
    with consultation from others in the Administration, to several
    committees on progress being made to implement the objectives of title
    XIII.
    ---------------------------------------------------------------------------
        (a) \13\ Assessment Required Before Favorable Vote on
    Proposal.--The Secretary of the Treasury shall instruct the
    United States Executive Director of each multilateral
    development bank not to vote in favor of any proposal
    (including but not limited to any loan, credit, grant,
    guarantee) which would result or be likely to result in
    significant impact on the environment, unless the Secretary,
    after consultation with the Secretary of State and the
    Administrators of the United States Agency for International
    Development and the Environmental Protection Agency, determines
    that for at least 120 days before the date of the vote--
    ---------------------------------------------------------------------------
        \13\ Sec. 593(a) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 2005 (division D of the
    Consolidated Appropriations Act, 2005; Public Law 108-447; 118 Stat.
    3037), amended and restated subsec. (a), which previously read as
    follows:
        ``(a) Assessment Required Before Favorable Vote on Action.--
    ---------------------------------------------------------------------------

      ``(1) In general.--Beginning 2 years after the date of the enactment of
    this section, the Secretary of the Treasury shall instruct the United
    States Executive Director of each multilateral development bank not to vote
    in favor of any action proposed to be taken by the respective bank which
    would have a significant effect on the human environment, unless for at
    least 120 days before the date of the vote--

      ``(A) an assessment analyzing the environmental impacts of the proposed
    action and of alternatives to the proposed action has been completed by the
    borrowing country or the institution, and been made available to the board
    of directors of the institution; and

      ``(B) except as provided in paragraph (2), such assessment or a
    comprehensive summary of such assessment has been made available to the
    multilateral development bank, affected groups, and local nongovernmental
    organizations.

      ``(2) Exceptions and reports.--

      ``(A) Exceptions.--The requirement of paragraph (1)(B) shall not apply
    where the Secretary finds compelling reasons to believe that disclosure in
    any case described in paragraph (1) would jeopardize the confidential
    relationship between the borrower country and the respective bank.

      ``(B) Reports by secretary.--The Secretary shall submit a quarterly
    report in writing to the Committees specified in subsection (f)(1) of the
    findings described in subparagraph (A).''.
    ---------------------------------------------------------------------------

        Previously, sec. 560(b) of the Foreign Operations, Export
    Financing, and Related Programs Appropriations Act, 1998 (Public Law
    105-118; 111 Stat. 2426), amended and restated subsec. (a).
        Sec. 560(c) of Public Law 105-118 further provided that:
        ``(c) The Secretary of the Treasury shall instruct the United
    States Executive Directors of the International Bank for Reconstruction
    and Development and the International Development Association to use
    the voice and vote of the United States to strongly encourage their
    respective institutions to--
    ---------------------------------------------------------------------------

      ``(1) provide timely public information on procurement opportunities
    available to United States suppliers, with a special emphasis on small
    business; and

      ``(2) systematically consult with local communities on the potential
    impact of loans as part of the normal lending process, and expand the
    participation of affected peoples and nongovernmental organizations in
    decisions on the selection, design and implementation of policies and
    projects.''.

              (1) an assessment analyzing the environmental impacts
            of the proposed action, including associated and
            cumulative impacts, and of alternatives to the proposed
            action, has been completed by the borrower or the bank
            and has been made available to the board of directors
            of the bank; and
              (2) such assessment or a comprehensive summary of the
            assessment (with proprietary information redacted) has
            been made available to affected groups, and local
            nongovernmental organizations and notice of its
            availability in the country and at the bank has been
            posted on the bank's website.
      (b) Access to Assessments in All Member Countries.--The
    Secretary of the Treasury shall seek the adoption of policies
    and procedures, through discussions and negotiations with the
    other member countries of the multilateral development banks
    and with the management of such banks, which result in access
    by governmental agencies and interested members of the public
    of such member countries, to environmental assessments or
    documentary information containing comprehensive summaries of
    such assessments which discuss the environmental impact of
    prospective projects and programs being considered by such
    banks. Such assessments or summaries should be made available
    to such governmental agencies and interested members of the
    public at least 120 days before scheduled board action, and
    public participation in review of the relevant environmental
    information should be encouraged.
      (c) Consideration of Assessment.--The Secretary of the
    Treasury shall--
              (1) ensure that an environmental impact assessment or
            comprehensive summary of such assessment described in
            subsection (a) accompanies loan proposals through the
            agency review process; and
              (2) take into consideration recommendations from all
            other interested Federal agencies and interested
            members of the public.
      (d) Development of Procedures for Systematic Environmental
    Assessment.--The Secretary of the Treasury, in consultation
    with other Federal agencies, including the Environmental
    Protection Agency, the Department of State, and the Council on
    Environmental Quality, shall--
              (1) instruct the United States Executive Director of
            each multilateral development bank to initiate
            discussions with the other executive directors of the
            respective bank and to propose that the respective bank
            develop and make available to member governments of,
            and borrowers from, the respective bank, within 18
            months after the date of the enactment of this section,
            a procedure for the systematic environmental assessment
            of development projects for which the respective bank
            provides financial assistance, taking into
            consideration the Guidelines and Principles for
            Environmental Impact Assessment promulgated by the
            United Nations Environmental Programme and other
            bilateral or multilateral assessment procedures; and
              (2) in determining the position of the United States
            on any action proposed to be taken by a multilateral
            development bank, develop and prescribe procedures for
            the consideration of, among other things--
                      (A) the environmental impact assessment of
                    the action described in subsection (a);
                      (B) interagency and public review of such
                    assessment; and
                      (C) other environmental review and
                    consultation of such action that is required by
                    other law.
      (e) Use of United States Personnel.--The Secretary of the
    Treasury, in consultation with the Secretary of State, the
    Secretary of the Interior, the Administrator of the
    Environmental Protection Agency, the Chairman of the Council on
    Environmental Quality, the Administrator of the Agency for
    International Development, and the Administrator of the
    National Oceanic and Atmospheric Administration, shall--
              (1) make available to the multilateral development
            banks, without charge, appropriate United States
            Government personnel to assist in--
                      (A) training bank staff in environmental
                    impact assessment procedures;
                      (B) providing advice on environmental issues;
                      (C) preparing environmental studies for
                    projects with potentially significant
                    environmental impacts; and
                      (D) preparing documents for public release,
                    and developing procedures to provide for the
                    inclusion of interested nongovernmental
                    organizations in the environmental review
                    process; and
              (2) encourage other member countries of such banks to
            provide similar assistance.
      (f) Reports.--
              (1) In general.--The Secretary of the Treasury shall
            submit to the Committees on Foreign Relations and
            Environment and Public Works of the Senate and the
            Committee on Banking, Finance and Urban Affairs \8\ of
            the House of Representatives--
                      (A) not later than the end of the 1-year
                    period beginning on the date of the enactment
                    of this section, a progress report on the
                    efficacy of efforts by the United States to
                    encourage consistent and timely environmental
                    impact assessment of actions proposed to be
                    taken by the multilateral development banks and
                    on the progress made by the multilateral
                    development banks in developing and instituting
                    environmental assessment policies and
                    procedures; and
                      (B) not later than January 1, 1993, a
                    detailed report on the matters described in
                    subparagraph (A).
              (2) Availability of reports.--The reports required by
            paragraph (1) shall be made available to the member
            governments of, and the borrowers from, the
            multilateral development banks, and to the public.''.
      (g) \14\ Multilateral Development Bank Defined.--In this
    title, the term ``multilateral development bank'' means the
    International Bank for Reconstruction and Development, the
    European Bank for Reconstruction and Development, the
    International Development Association, the International
    Finance Corporation, the Multilateral Investment Guarantee
    Agency, the African Development Bank, the African Development
    Fund, the Asian Development Bank, the Inter-American
    Development Bank, the Inter-American Investment Corporation,
    any other institution (other than the International Monetary
    Fund) specified in section 1701(c)(2), and any subsidiary of
    any such institution.
    ---------------------------------------------------------------------------
        \14\ Sec. 593(a)(2) of the Foreign Operations, Export Financing,
    and Related Programs Appropriations Act, 2005 (division D of the
    Consolidated Appropriations Act, 2005; Public Law 108-447; 118 Stat.
    3037), amended and restated subsec. (g). Sec. 560(b) of the Foreign
    Operations, Export Financing, and Related Programs Appropriations Act,
    1998 (Public Law 105-118; 111 Stat. 2426), added the original subsec.
    (g).
    ---------------------------------------------------------------------------
              * * * * * * *

                          TITLE XV--OTHER POLICIES \3\

        Sec. 1501. (a) In any negotiations concerning replenishment
    or an increase in capital for any multilateral development
    bank, the Secretary of the Treasury shall propose, as a
    principal point for negotiations, the following institutional
    reforms:
              (1) The establishment of a unified program within
            each multilateral development bank to assess the extent
            to which bank lending benefits the least advantaged
            members of society, particularly women and the poor,
            and to increase the extent to which such members
            benefit from future bank lending.
              (2) The establishment of an office or other
            administrative procedures within each multilateral
            development bank to--
                      (A) provide in-country liaison services for
                    nongovernmental organizations operating at the
                    community level;
                      (B) monitor the impact of project and
                    nonproject lending on local populations; and
                      (C) ensure compliance with loan
                    conditionalities, especially loan
                    conditionalities relating to the protection of
                    the quality of life of the poor and the rights
                    of aboriginal minorities.
              (3) A major increase in the number of members of the
            professional staff of each regional multilateral
            development bank with training in environmental or
            social impact analysis or natural science, including--
                      (A) recruitment of additional permanent
                    professional staff; and
                      (B) training programs for existing staff
                    members in these subject areas.
              (4) With respect to the International Bank for
            Reconstruction and Development, the establishment of a
            program for policy-based lending to promote the
            sustainable use of renewable resources and the
            protection of the environment in borrowing countries.
              (5) An increase in the length of any review period
            established by any multilateral development bank for
            board review of staff recommendations by such time as
            would be sufficient to allow the governments of member
            countries to review and comment on the staff
            recommendations before any action is taken by the board
            of directors of such bank on the recommendations.
        (b) The Secretary of the Treasury shall instruct the United
    States Executive Director of each multilateral development bank
    to request the management of such bank to prepare an annual
    report which identifies and describes the most exemplary
    lending practices or loan components implemented during the
    preceding year with respect to each of the following lending
    policy goals for each major borrowing country or country group:
              (1) Benefit to the poor.
              (2) Involvement of nongovernmental organizations and
            local and indigenous populations in loan design,
            implementation, planning, and monitoring.
              (3) Integration of, consideration of, and concern for
            environmental quality and the sustainable use of
            natural resources into loan design, implementation,
            planning, and monitoring.
              (4) Recognition of and support for the economic and
            social development of women.
              * * * * * * *

                          TITLE XVI--HUMAN WELFARE \3\

              * * * * * * *

    SEC. 1608.\15\ INITIATION OF DISCUSSIONS TO FACILITATE DEBT-FOR-
                        DEVELOPMENT SWAPS FOR HUMAN WELFARE AND
                        ENVIRONMENTAL CONSERVATION.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 262p-4c. Sec. 8 of H.R. 4645 as enacted into law by
    sec. 555 of Public Law 100-461 (102 Stat. 2268) added sec. 1608.
    ---------------------------------------------------------------------------
              (1) voluntary debt-for-development swaps in heavily
            indebted developing nations can simultaneously
            facilitate reduction of the burden of external
            indebtedness and increase the resources available
            within the country for charitable, educational, and
            scientific purposes, including environmental
            conservation, educational, and scientific purposes,
            including environmental conservation, education, human
            welfare, health, agricultural research and development,
            microenterprise credit, and development of indigenous
            nonprofit organizations; and
              (2) heavily indebted developing countries may desire
            to facilitate such swaps to the maximum extent
            consistent with sound domestic economic management and
            minimization of inflationary impact.
        (b) Initiation of Discussions to Facilitate Debt-For-
    Development Swaps for Human Welfare and Environmental
    Conservation.--
              (1) In General.--The Secretary of the Treasury shall
            instruct the United States Executive Director of the
            International Bank for Reconstruction and Development
            to initiate discussions with the directors of such
            bank, the International Development Association, and
            the International Finance Corporation and propose that
            such institutions provide advice and assistance, as
            appropriate, to borrowing country governments desiring
            to facilitate debt-for-development swaps, on mechanisms
            (including trust funds) to accomplish this purpose,
            particularly in the context of debt rescheduling, which
            mechanisms result in sound management of the
            macroeconomic impact of such swaps on such countries,
            and preserve the value of the capital obtained through
            such swaps.
              (2) Definitions.--As used in this section:
                      (A) Debt-for-development swap.--The term
                    ``debt-for-development swap'' means the
                    purchase of qualified debt by, or the donation
                    of such debt to, an organization described in
                    section 501(c)(3) of the Internal Revenue Code
                    of 1986 which is exempt from taxation under
                    section 501(a) of such Code, and the subsequent
                    transfer of such debt to an organization
                    located in such foreign country in exchange for
                    an undertaking by such tax-exempt organization,
                    such foreign government, or such foreign
                    organization to engage in a charitable,
                    educational, or scientific activity.
                      (B) Qualified debt.--The term ``qualified
                    debt'' means--
                              (i) sovereign debt issued by a
                            foreign government;
                              (ii) debt owed by private
                            institutions in the country governed by
                            such foreign government; and
                              (iii) debt owed by institutions in
                            the country governed by such foreign
                            government, which are owned, in part,
                            by private persons and, in part, by
                            public institutions.
              * * * * * * *

    SEC. 1614.\16\ MULTILATERAL DEVELOPMENT BANKS AND DEBT-FOR-NATURE
                        EXCHANGES.

        (a) Directions to the United States Executive Directors.--
    The Secretary of the Treasury shall direct the United States
    Executive Directors of the multilateral development banks to--
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 262p-4i. Sec. 512 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2508) added new
    secs. 1614 through 1616.
    ---------------------------------------------------------------------------
              (1) negotiate for the creation in each respective
            multilateral development bank, except where the
            Secretary of the Treasury determines that the
            provisions of this subsection have previously been met,
            of a department that will--
                      (A) be responsible for environmental
                    protection and resource conservation, including
                    support for restoration, protection, and
                    sustainable use policies;
                      (B) develop and monitor strict environmental
                    guidelines and policies to govern lending
                    activities; and
                      (C) actively promote, coordinate and
                    facilitate debt-for-nature exchanges and the
                    restoration, protection, and sustainable use of
                    tropical forests, renewable natural resources,
                    endangered ecosystems and species in debtor
                    countries;
              (2) support and encourage the approval of
            multilateral development bank loans which include
            provisions that foster and facilitate the
            implementation of a sound and effective environmental
            policy in the borrowing country;
              (3) encourage the banks to assist such countries in
            reducing and restructuring private debt through the use
            of a portion of a project or policy based environmental
            loan in ways which will enable such countries to buy
            back private debt at a rate of discount available for
            such debt, at auction in the secondary market or
            through negotiations with creditors holding such debt;
              (4) seek to ensure that staff of each bank facilitate
            debtor countries' collaboration with local and
            international non-governmental or private organizations
            in implementing debt-for-nature exchanges; and
              (5) seek to ensure that each bank adopts policy
            guidelines which to the maximum extent possible provide
            for--
                      (A) the inclusion of sustainable use policies
                    in loan agreements negotiated with borrower
                    members;
                      (B) the adoption of economic programs to
                    foster sound environmental policies; and
                      (C) the provision of debtor countries' policy
                    changes or significant increases in financial
                    resources for use in at least 1 of the
                    following--
                              (i) restoration, protection, or
                            sustainable use of the world's oceans
                            and atmosphere;
                              (ii) restoration, protection, or
                            sustainable use of diverse animal and
                            plant species;
                              (iii) establishment, restoration,
                            protection, and maintenance of parks
                            and reserves;
                              (iv) development and implementation
                            of sound systems of natural resource
                            management;
                              (v) development and support of local
                            conservation programs;
                              (vi) training programs to strengthen
                            conservation institutions and increase
                            scientific, technical, and managerial
                            capabilities of individuals and
                            organizations involved in conservation
                            efforts;
                              (vii) efforts to generate knowledge,
                            increase understanding, and enhance
                            public commitment to conservation;
                              (viii) design and implementation of
                            sound programs of land and ecosystem
                            management; and
                              (ix) promotion of regenerative
                            approaches in farming, forestry, and
                            watershed management.
      (b) Negotiation of Guidelines for Restoration, Protection, or
    Sustainable Use Policies.--The United States Executive
    Directors of the multilateral development banks shall seek to
    negotiate with the other executive directors to provide
    guidelines for restoration, protection, or sustainable use
    policies. Pending the outcome of such negotiations, the United
    States Executive Directors shall consider restoration,
    protection, or sustainable use policies to be those which--
              (1) support development that maintains and restores
            the renewable natural resource base so that present and
            future needs of debtor countries' populations can be
            met, while not impairing critical ecosystems and not
            exacerbating global environmental problems;
              (2) are environmentally sustainable in that resources
            are conserved and managed in an effort to remove
            pressure on the natural resource base and to make
            judicious use of the land so as to sustain growth and
            the availability of all natural resources;
              (3) support development that does not exceed the
            limits imposed by local hydrological cycles, soil,
            climate, vegetation, and human cultural practices;
              (4) promote the maintenance and restoration of soils,
            vegetation, hydrological cycles, wildlife, critical
            ecosystems (tropical forests, wetlands, and coastal
            marine resources), biological diversity and other
            natural resources essential to economic growth and
            human well-being and shall, when using natural
            resources, be implemented to minimize the depletion of
            such natural resources; and
              (5) take steps, wherever feasible, to prevent
            pollution that threatens human health and important
            biotic systems and to achieve patterns of energy
            consumption that meet human needs and relies on
            renewable resources.
      (c) Inclusion of Certain Items in Guidelines.--The United
    States Executive Directors shall endeavor to include the
    provisions of paragraphs (1) through (5) of subsection (b) in
    the guidelines developed through the negotiations specified in
    this section.

    SEC. 1615.\17\ PROMOTION OF LENDING FOR THE ENVIRONMENT.

        The Secretary of the Treasury shall instruct the United
    States Executive Director of the International Bank for
    Reconstruction and Development to initiate discussions with the
    other executive directors of such bank and the management of
    such bank and propose that, in order to reduce the future need
    for bank lending for reforestation and restoration of
    environmentally degraded areas, the bank establish a project
    and policy based environmental lending program (including a
    loan a portion of which could be used to reduce and restructure
    private debt), to be made available to interested countries
    with a demonstrated commitment to natural resource
    conservation, which would be based on--
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 262p-4j. Sec. 512 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2508) added sec.
    1615.
    ---------------------------------------------------------------------------
              (1) the estimated long-term economic return which
            could be expected from the sustainable use and
            protection of tropical forests, including the value of
            tropical forests for indigenous people and for science;
              (2) the value derived from such services as--
                      (A) watershed management;
                      (B) soil erosion control;
                      (C) the maintenance and improvement of--
                              (i) fisheries;
                              (ii) water supply regulation for
                            industrial development;
                              (iii) food;
                              (iv) fuel;
                              (v) fodder; and
                              (vi) building materials for local
                            communities;
                      (D) the extraction of naturally occurring
                    products from locally controlled protected
                    areas; and
                      (E) indigenous knowledge of the management
                    and use of natural resources; and
              (3) the long-term benefits expected to be derived
            from maintaining biological diversity and climate
            stabilization.

    SEC. 1616.\18\ PROMOTION OF INSTITUTION-BUILDING FOR NONGOVERNMENTAL
                        ORGANIZATIONS CONCERNED WITH THE ENVIRONMENT.

        The Secretary of the Treasury shall instruct the United
    States Executive Directors of the multilateral development
    banks to vigorously promote the adoption of policies and
    procedures which seek to--
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 262p-4k. Sec. 512 of the International Development
    and Finance Act of 1989 (Public Law 101-240; 103 Stat. 2510) added sec.
    1616.
    ---------------------------------------------------------------------------
              (1) increase collaboration with, and, where
            necessary, strengthen, nongovernmental organizations in
            such countries which are concerned with environmental
            protection by providing appropriate assistance and
            support for programs and activities on environmental
            protection; and
              (2) encourage international collaboration for
            information exchange and project enhancement with
            nongovernmental organizations in developing countries
            which are concerned with environmental protection and
            government agencies and private voluntary organizations
            in developed countries which are concerned with
            environmental protection.
              * * * * * * *

              TITLE XVII--CONSOLIDATED REPORTING REQUIREMENTS \19\

              * * * * * * *

    SEC. 1703.\20\ COMBINED REPORT ON EFFECT OF PENDING MULTILATERAL
                        DEVELOPMENT BANK LOANS ON ENVIRONMENT, NATURAL
                        RESOURCES, PUBLIC HEALTH, AND INDIGENOUS PEOPLES.

        Not later than April 1 and October 1 of each year, the
    Administrator of the Agency for International Development, in
    consultation with the Secretary of the Treasury and the
    Secretary of State, shall submit to the Committee on
    Appropriations and the Committee on Banking, Finance and Urban
    Affairs \8\ of the House of Representatives, and the Committee
    on Appropriations and the Committee on Foreign Relations of the
    Senate, as a combined report, the reports required by section
    1303(c) of this Act and by section 537(h)(2) of the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1988 (sec. 1(e) of Public Law 100-202).\21\
    ---------------------------------------------------------------------------
        \19\ Sec. 541(a) of the International Development and Finance Act
    of 1989 (Public Law 101-240; 103 Stat. 2514 et seq.) added title XVII.
        \20\ 22 U.S.C. 262r-2.
        \21\ Sec. 537(h) of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1988 (Public Law 100-202; 101
    Stat. 1329-161), provided the following:
        ``(h) The Administrator of the Agency for International
    Development, in consultation with the Secretaries of Treasury and
    State, shall continue, and work to enhance, the operation of the `early
    warning system', by--
    ---------------------------------------------------------------------------

      ``(1) instructing overseas missions of the Agency for International
    Development and embassies of the United States to analyze the impacts of
    Multilateral Development Bank loans well in advance of a loan's approval.
    Such reviews shall address the economic viability of the project; adverse
    impacts on the environment, natural resources, public health, and
    indigenous peoples; and recommendations as to measures, including
    alternatives, that could eliminate or mitigate adverse impacts. If not
    classified under the national security system of classification, such
    information shall be made available to the public;

      ``(2) compiling a list of proposed Multilateral Development Bank loans
    likely to have adverse impacts on the environment, natural resources,
    public health, or indigenous peoples. The list shall contain the
    information identified in paragraph (1), shall be updated in consultation
    with interested members of the public, and shall be made available to the
    Committees on Appropriations by April 1, 1988 and semiannually thereafter;
    and

      ``(3) creating a cooperative mechanism for sharing information collected
    through the `early warning system' with interested donor and borrowing
    nations and encouraging the Multilateral Development Banks to institute a
    similar system.''.

              * * * * * * *
           (3) International Development and Finance Act of 1989 \1\

        Partial text of Public Law 101-240 [H.R. 2494], 103 Stat. 2492,
                     approved December 19, 1989, as amended

     AN ACT To reauthorize the Export-Import Bank tied aid credit fund and
    pilot interest subsidy program, to provide for the participation of the
    United States in a replenishment of the Inter-American Development Bank
    and in the Enhanced Structural Adjustment Facility of the International
    Monetary Fund, to improve the safety and soundness of the United States
     banking system and encourage the reduction of the debt burdens of the
     highly indebted countries, to encourage the multilateral development
     banks to engage in environmentally sustainable lending practices and
     give greater priority to poverty alleviation, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ This Act may also be found in Legislation on Foreign Relations
    Through 2005, vol. III.
    ---------------------------------------------------------------------------

    SECTION 1.\2\ SHORT TITLE; TABLE OF CONTENTS.

      (a) Short Title.--This Act may be cited as the
    ``International Development and Finance Act of 1989''.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------
              * * * * * * *

      TITLE V--ALLEVIATION OF POVERTY; ENVIRONMENTAL PROVISIONS; DEBT-FOR-
           DEVELOPMENT SWAPS; CONSOLIDATION OF REPORTING REQUIREMENTS

              * * * * * * *

          Subtitle B--International Debt Exchanges and the Environment

    SEC. 511. SENSE OF THE CONGRESS RESOLUTION REGARDING ENVIRONMENTAL
                        POLICY AND INTERNATIONAL DEBT EXCHANGES.

      It is the sense of the Congress that--
              (1) the Secretary of the Treasury should include
            support for sustainable development and conservation
            projects when providing a framework for negotiating or
            facilitating exchanges or reductions of commercial debt
            of foreign countries; and
              (2) that in assisting or facilitating the reduction
            of debt of heavily indebted foreign countries, through
            multilateral institutions such as the International
            Monetary Fund or the International Bank for
            Reconstruction and Development, the Secretary of State
            and the Secretary of the Treasury should--
                      (A) support efforts to provide adequate
                    resources for sustainable development and
                    conservation projects as a component of the
                    restructured commercial bank debt of that
                    country; and
                      (B) in providing such support, seek to assure
                    that--
                              (i) the host government, or a local
                            nongovernmental organization acting
                            with the support of the host
                            government, has identified conservation
                            or sustainable development projects it
                            will target for assistance;
                              (ii) there will be in place an
                            organization, either governmental or
                            nongovernmental, that will have the
                            commitment to assure the long-term
                            viability of the project; and
                              (iii) the allocation of the resources
                            provided for conservation and
                            sustainable development projects
                            through the debt restructuring
                            agreement is done in a manner that will
                            not overwhelm or distort economic
                            conditions in the host country.

    SEC. 512.\3\ MULTILATERAL DEVELOPMENT BANKS AND DEBT-FOR-NATURE
                        EXCHANGES. * * *
    ---------------------------------------------------------------------------

        \3\ Sec. 512 redesignated sec. 1614 of the International Financial
    Institutions Act (as earlier redesignated by sec. 501 of this Act), as
    sec. 1617, and inserted new secs. 1614 through 1616.
    ---------------------------------------------------------------------------

                  Subtitle C--Environmental Impact Assessments

    SEC. 521.\4\ ASSESSMENT OF ENVIRONMENTAL IMPACT OF PROPOSED
                        MULTILATERAL DEVELOPMENT BANK ACTIONS. * * *
    ---------------------------------------------------------------------------

        \4\ Sec. 521 amended title XIII of the International Financial
    Institutions Act by adding a new sec. 1308 (22 U.S.C. 262m-7),
    redesignated as sec. 1307.
    ---------------------------------------------------------------------------
              * * * * * * *

                            TITLE VII--MISCELLANEOUS

    SEC. 701.\5\ SHORT TITLE.

      This title may be cited as the ``Global Environmental
    Protection Assistance Act of 1989''.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

                  PART A--COMMERCIAL DEBT-FOR-NATURE EXCHANGES

    SEC. 711.\6\ AMENDMENT TO THE FOREIGN ASSISTANCE ACT. * * *
    ---------------------------------------------------------------------------

        \6\ Sec. 711 added a new chapter 7 to part I of the Foreign
    Assistance Act of 1961, titled ``Debt-for-Nature Exchanges''.
    ---------------------------------------------------------------------------

              PART B--MULTILATERAL FOREIGN ASSISTANCE COORDINATION

    SEC. 721. GENERAL POLICY.

      It is the sense of the Congress that the Secretary of State
    should seek to develop an increased consideration of global
    warming, tropical deforestation, sustainable development, and
    biological diversity among the highest goals of bilateral
    foreign assistance programs of all countries.

    SEC. 722. POLICY ON NEGOTIATIONS.

      (a) In General.--The Secretary of State, acting through the
    United States representative to the Development Assistance
    Committee of the Organization for Economic Coordination and
    Development (OECD), should initiate, at the earliest
    practicable date, negotiations among member countries on a
    coordinated approach to global warming, tropical deforestation,
    sustainable development, and biological diversity through
    bilateral assistance programs that would include--
              (1) increased consideration of the impact of
            developmental projects on global warming, tropical
            deforestation, and biological diversity;
              (2) reduction or elimination of funding for those
            projects that exacerbate those problems;
              (3) coordinated research and development of projects
            that emphasize sustainable use or protection of
            tropical forests and support for local conservation
            efforts;
              (4) expanded use of forgiveness of foreign assistance
            debt in exchange for policy changes or programs that
            address problems associated with global warming,
            tropical deforestation, sustainable development, and
            biological diversity;
              (5) increased use of foreign assistance funds and
            technical assistance in support of local conservation,
            restoration, or sustainable development efforts and
            debt-for-nature exchanges;
              (6) improved exchange of information on energy
            efficiency and solar and renewable energy sources, and
            a greater emphasis on the use of those sources of
            energy in developmental projects; and
              (7) increased use of environmental experts in the
            field to assess development projects for their impact
            on global warming, tropical deforestation, and
            biological diversity.
      (b) Implementation of Agreement.--Negotiations described in
    subsection (a) shall seek to ensure that the recommended
    changes are implemented as quickly as possible by member
    countries of the Development Assistance Committee.

           PART C--TECHNOLOGY DEPLOYMENT IN DEVELOPING COUNTRIES \7\

    SEC. 731.\8\ DEFINITIONS.

        In this part:
    ---------------------------------------------------------------------------
        \7\ Sec. 1611 of the Energy Policy Act of 2005 (Public Law 109-58;
    119 Stat. 1113) added part C.
        \8\ 22 U.S.C. 7901. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 731.
    ---------------------------------------------------------------------------
              (1) Carbon sequestration.--The term ``carbon
            sequestration'' means the capture of carbon dioxide
            through terrestrial, geological, biological, or other
            means, which prevents the release of carbon dioxide
            into the atmosphere.
              (2) Greenhouse gas.--The term ``greenhouse gas''
            means carbon dioxide, methane, nitrous oxide,
            hydrofluorocarbons, perfluorocarbons, and sulfur
            hexafluoride.
              (3) Greenhouse gas intensity.--The term ``greenhouse
            gas intensity' means the ratio of greenhouse gas
            emissions to economic output.

    SEC. 732.\9\ REDUCTION OF GREENHOUSE GAS INTENSITY.

        (a) Lead Agency.--
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 7902. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 732.
    ---------------------------------------------------------------------------
              (1) In general.--The Department of State shall act as
            the lead agency for integrating into United States
            foreign policy the goal of reducing greenhouse gas
            intensity in developing countries.
              (2) Reports.--
                      (A) Initial report.--Not later than 180 days
                    after the date of enactment of this part, the
                    Secretary of State shall submit to the
                    appropriate authorizing and appropriating
                    committees of Congress an initial report, based
                    on the most recent information available to the
                    Secretary from reliable public sources, that
                    identifies the 25 developing countries that are
                    the largest greenhouse gas emitters, including
                    for each country--
                              (i) an estimate of the quantity and
                            types of energy used;
                              (ii) an estimate of the greenhouse
                            gas intensity of the energy,
                            manufacturing, agricultural, and
                            transportation sectors;
                              (iii) a description the progress of
                            any significant projects undertaken to
                            reduce greenhouse gas intensity;
                              (iv) a description of the potential
                            for undertaking projects to reduce
                            greenhouse gas intensity;
                              (v) a description of any obstacles to
                            the reduction of greenhouse gas
                            intensity; and
                              (vi) a description of the best
                            practices learned by the Agency for
                            International Development from
                            conducting previous pilot and
                            demonstration projects to reduce
                            greenhouse gas intensity.
                      (B) Update.--Not later than 18 months after
                    the date on which the initial report is
                    submitted under subparagraph (A), the Secretary
                    shall submit to the appropriate authorizing and
                    appropriating committees of Congress, based on
                    the best information available to the
                    Secretary, an update of the information
                    provided in the initial report.
                      (C) Use.--
                              (i) Initial report.--The Secretary of
                            State shall use the initial report
                            submitted under subparagraph (A) to
                            establish baselines for the developing
                            countries identified in the report with
                            respect to the information provided
                            under clauses (i) and (ii) of that
                            subparagraph.
                              (ii) Annual reports.--The Secretary
                            of State shall use the annual reports
                            prepared under subparagraph (B) and any
                            other information available to the
                            Secretary to track the progress of the
                            developing countries with respect to
                            reducing greenhouse gas intensity.
        (b) Projects.--The Secretary of State, in coordination with
    Administrator of the United States Agency for International
    Development, shall (directly or through agreements with the
    World Bank, the International Monetary Fund, the Overseas
    Private Investment Corporation, and other development
    institutions) provide assistance to developing countries
    specifically for projects to reduce greenhouse gas intensity,
    including projects to--
              (1) leverage, through bilateral agreements, funds for
            reduction of greenhouse gas intensity;
              (2) increase private investment in projects and
            activities to reduce greenhouse gas intensity; and
              (3) expedite the deployment of technology to reduce
            greenhouse gas intensity.
        (c) Focus.--In providing assistance under subsection (b),
    the Secretary of State shall focus on--
              (1) promoting the rule of law, property rights,
            contract protection, and economic freedom; and
              (2) increasing capacity, infrastructure, and
            training.
        (d) Priority.--In providing assistance under subsection
    (b), the Secretary of State shall give priority to projects in
    the 25 developing countries identified in the report submitted
    under subsection (a)(2)(A).

    SEC. 733.\10\ TECHNOLOGY INVENTORY FOR DEVELOPING COUNTRIES.

        (a) In General.--The Secretary of Energy, in coordination
    with the Secretary of State and the Secretary of Commerce,
    shall conduct an inventory of greenhouse gas intensity reducing
    technologies that are developed, or under development in the
    United States, to identify technologies that are suitable for
    transfer to, deployment in, and commercialization in the
    developing countries identified in the report submitted under
    section 732(a)(2)(A).
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 7903. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 733.
    ---------------------------------------------------------------------------
        (b) Report.--Not later than 180 days after the completion
    of the inventory under subsection (a), the Secretary of State
    and the Secretary of Energy shall jointly submit to Congress a
    report that--
              (1) includes the results of the completed inventory;
              (2) identifies obstacles to the transfer, deployment,
            and commercialization of the inventoried technologies;
              (3) includes results from previous Federal reports
            related to the inventoried technologies; and
              (4) includes an analysis of market forces related to
            the inventoried technologies.

    SEC. 734.\11\ TRADE-RELATED BARRIERS TO EXPORT OF GREENHOUSE GAS
                        INTENSITY REDUCING TECHNOLOGIES.

        (a) In General.--Not later than 1 year after the date of
    enactment of this part, the United States Trade Representative
    shall (as appropriate and consistent with applicable bilateral,
    regional, and mutual trade agreements)--
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 7904. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 734.
    ---------------------------------------------------------------------------
              (1) identify trade-relations barriers maintained by
            foreign countries to the export of greenhouse gas
            intensity reducing technologies and practices from the
            United States to the developing countries identified in
            the report submitted under section 732(a)(2)(A); and
              (2) negotiate with foreign countries for the removal
            of those barriers.
        (b) Annual Report.--Not later than 1 year after the date on
    which a report is submitted under subsection (a)(1) and
    annually thereafter, the United States Trade Representative
    shall submit to Congress a report that describes any progress
    made with respect to removing the barriers identified by the
    United States Trade Representative under subsection (a)(1).

    SEC. 735.\12\ GREENHOUSE GAS INTENSITY REDUCING TECHNOLOGY EXPORT
                        INITIATIVE.

        (a) In General.--There is established an interagency
    working group to carry out a Greenhouse Gas Intensity Reducing
    Technology Export Initiative to--
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 7905. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 735.
    ---------------------------------------------------------------------------
              (1) promote the export of greenhouse gas intensity
            reducing technologies and practices from the United
            States;
              (2) identify developing countries that should be
            designated as priority countries for the purpose of
            exporting greenhouse gas intensity reducing
            technologies and practices, based on the report
            submitted under section 732(a)(2)(A);
              (3) identify potential barriers to adoption of
            exported greenhouse gas intensity reducing technologies
            and practices based on the reports submitted under
            section 734; and
              (4) identify previous efforts to export energy
            technologies to learn best practices.
        (b) Composition.--The working group shall be composed of--
              (1) the Secretary of State, who shall act as the head
            of the working group;
              (2) the Administrator of the United States Agency for
            International Development;
              (3) the United States Trade Representative;
              (4) a designee of the Secretary of Energy;
              (5) a designee of the Secretary of Commerce; and
              (6) a designee of the Administrator of the
            Environmental Protection Agency.
        (c) Performance Reviews and Reports.--Not later than 180
    days after the date of enactment of this part and each year
    thereafter, the interagency working group shall--
              (1) conduct a performance review of actions taken and
            results achieved by the Federal Government (including
            each of the agencies represented on the interagency
            working group) to promote the export of greenhouse gas
            intensity reducing technologies and practices from the
            United States; and
              (2) submit to the appropriate authorizing and
            appropriating committees of Congress a report that
            describes the results of the performance reviews and
            evaluates progress in promoting the export of
            greenhouse gas intensity reducing technologies and
            practices from the United States, including any
            recommendations for increasing the export of the
            technologies and practices.

    SEC. 736.\13\ TECHNOLOGY DEMONSTRATION PROJECTS.

        (a) In General.--The Secretary of State, in coordination
    with the Secretary of Energy and the Administrator of the
    United States Agency for International Development, shall
    promote the adoption of technologies and practices that reduce
    greenhouse gas intensity in developing countries in accordance
    with this section.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 7906. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 736.
    ---------------------------------------------------------------------------
        (b) Demonstration Projects.--
              (1) In general.--The Secretaries and the
            Administrator shall plan, coordinate, and carry out, or
            provide assistance for the planning, coordination, or
            carrying out of, demonstration projects under this
            section in at least 10 eligible countries, as
            determined by the Secretaries and the Administrator.
              (2) Eligibility.--A country shall be eligible for
            assistance under this subsection if the Secretaries and
            the Administrator determine that the country has
            demonstrated a commitment to--
                      (A) just governance, including--
                              (i) promoting the rule of law;
                              (ii) respecting human and civil
                            rights;
                              (iii) protecting private property
                            rights; and
                              (iv) combating corruption; and
                      (B) economic freedom, including economic
                    policies that--
                              (i) encourage citizens and firms to
                            participate in global trade and
                            international capital markets;
                              (ii) promote private sector growth
                            and the sustainable management of
                            natural resources; and
                              (iii) strengthen market forces in the
                            economy.
              (3) Selection.--In determining which eligible
            countries to provide assistance to under paragraph (1),
            the Secretaries and the Administrator shall consider--
                      (A) the opportunity to reduce greenhouse gas
                    intensity in the eligible country; and
                      (B) the opportunity to generate economic
                    growth in the eligible country.
              (4) Types of projects.--Demonstration projects under
            this section may include--
                      (A) coal gasification, coal liquefaction, and
                    clean coal projects;
                      (B) carbon sequestration projects;
                      (C) cogeneration technology initiatives;
                      (D) renewable projects; and
                      (E) lower emission transportation.

    SEC. 737.\14\ FELLOWSHIP AND EXCHANGE PROGRAMS.

        The Secretary of State, in coordination with the Secretary
    of Energy, the Secretary of Commerce, and the Administrator of
    the Environmental Protection Agency, shall carry out fellowship
    and exchange programs under which officials from developing
    countries visit the United States to acquire expertise and
    knowledge of best practices to reduce greenhouse gas intensity
    in their countries.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 7907. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 737.
    ---------------------------------------------------------------------------

    SEC. 738.\15\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated such sums as are
    necessary to carry out this part.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 7908. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 738.
    ---------------------------------------------------------------------------

    SEC. 739.\16\ EFFECTIVE DATE.

        Except as otherwise provided in this part, this part takes
    effect on October 1, 2005.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 7909. Sec. 1611 of the Energy Policy Act of 2005
    (Public Law 109-58; 119 Stat. 1113) added sec. 739.
    ---------------------------------------------------------------------------

                           TITLE VIII--EFFECTIVE DATE

    SEC. 801.\17\ EFFECTIVE DATE.

      Except as otherwise provided in this Act, this Act and the
    amendments made by this Act shall take effect on the date of
    the enactment of this Act.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 262d note.
                                 f. Antarctica

                     (1) Antarctic Conservation Act of 1978

      Public Law 95-541 [H.R. 7749], 92 Stat. 2048, approved October 28,
    1978; as amended by Public Law 104-227 [Antarctic Science, Tourism, and
    Conservation Act of 1996; H.R. 3060], 110 Stat. 3034, approved October
                                    2, 1996

        AN ACT To implement the Agreed Measures for the Conservation of
               Antarctic Fauna and Flora, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Antarctic Conservation Act of
    1978''.\1\
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 2401 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS AND PURPOSE.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 2401.
    ---------------------------------------------------------------------------
              (1) \3\ for well over a quarter of a century,
            scientific investigation has been the principal
            activity of the Federal Government and United States
            nationals in Antarctica;
    ---------------------------------------------------------------------------
        \3\ Sec. 101(a)(1) of Public Law 104-227 (110 Stat. 3034)
    redesignated paras. (1) and (2) as paras. (4) and (5), and added new
    paras. (1), (2), and (3).
    ---------------------------------------------------------------------------
              (2) \3\ more recently, interest of American tourists
            in Antarctica has increased;
              (3) \3\ as the lead civilian agency in Antarctica,
            the National Science Foundation has long had
            responsibility for ensuring that United States
            scientific activities and tourism, and their supporting
            logistics operations, are conducted with an eye to
            preserving the unique values of the Antarctic region;
              (4) \3\ the Antarctic Treaty and the Protocol
            establish a firm foundation for the conservation of
            Antarctic resources,\4\ for the continuation of
            international cooperation and the freedom of scientific
            investigation in Antarctica; and
    ---------------------------------------------------------------------------
        \4\ Sec. 101(a)(2) of Public Law 104-227 (110 Stat. 3034) struck
    out ``the Agreed Measures for the Conservation of Antarctic Fauna and
    Flora, adopted at the Third Antarctic Treaty Consultative Meeting, have
    established a firm foundation'' and inserted in lieu thereof ``the
    Protocol establish a firm foundation for the conservation of Antarctic
    resources,''.
    ---------------------------------------------------------------------------
              (5) \5\ the Antarctic Treaty and the Protocol
            establish international mechanisms and create legal
            obligations necessary for the maintenance of Antarctica
            as a natural reserve devoted to peace and science.
    ---------------------------------------------------------------------------
        \5\ Sec. 101(a)(3) of Public Law 104-227 (110 Stat. 3034) amended
    and restated para. (5), redesignated from para. (2) by the same Act.
    Para. (5) formerly read as follows:
        ``(5) the study of Antarctic fauna and flora, their adaptation to
    their rigorous environment, and their interrelationships with that
    environment has special scientific importance for all mankind.''.
    ---------------------------------------------------------------------------
        (b) Purpose.--The purpose of this chapter is to provide for
    the conservation and protection of the fauna and flora of
    Antarctica, and of the ecosystem upon which such fauna and
    flora depend, consistent with the Antarctic Treaty and the
    Protocol.\6\
    ---------------------------------------------------------------------------
        \6\ Sec. 101(b) of Public Law 104-227 (110 Stat. 3034) struck out
    ``Treaty, the Agreed Measures for the Conservation of Antarctic Fauna
    and Flora, and Recommendation VII-3 of the Eighth Antarctic Treaty
    Consultative Meeting'' and inserted in lieu thereof ``Treaty and the
    Protocol''.
    ---------------------------------------------------------------------------

    SEC. 3.\7\ DEFINITIONS.

        For purposes of this Act--
    ---------------------------------------------------------------------------
        \7\ 16 U.S.C. 2402. Sec. 102 of Public Law 104-227 (110 Stat. 3035)
    amended and restated sec. 3.
    ---------------------------------------------------------------------------
              (1) the term ``Administrator'' means the
            Administrator of the Environmental Protection Agency;
              (2) the term ``Antarctica'' means the area south of
            60 degrees south latitude;
              (3) the term ``Antarctic Specially Protected Area''
            means an area identified as such pursuant to Annex V to
            the Protocol;
              (4) the term ``Director'' means the Director of the
            National Science Foundation;
              (5) the term ``harmful interference'' means--
                      (A) flying or landing helicopters or other
                    aircraft in a manner that disturbs
                    concentrations of birds or seals;
                      (B) using vehicles or vessels, including
                    hovercraft and small boats, in a manner that
                    disturbs concentrations of birds or seals;
                      (C) using explosives or firearms in a manner
                    that disturbs concentrations of birds or seals;
                      (D) willfully disturbing breeding or molting
                    birds or concentrations of birds or seals by
                    persons on foot;
                      (E) significantly damaging concentrations of
                    native terrestrial plants by landing aircraft,
                    driving vehicles, or walking on them, or by
                    other means; and
                      (F) any activity that results in the
                    significant adverse modification of habitats of
                    any species or population of native mammal,
                    native bird, native plant, or native
                    invertebrate;
              (6) the term ``historic site or monument'' means any
            site or monument listed as an historic site or monument
            pursuant to Annex V to the Protocol;
              (7) the term ``impact'' means impact on the Antarctic
            environment and dependent and associated ecosystems;
              (8) the term ``import'' means to land on, bring into,
            or introduce into, or attempt to land on, bring into or
            introduce into, any place subject to the jurisdiction
            of the United States, including the 12-mile territorial
            sea of the United States, whether or not such act
            constitutes an importation within the meaning of the
            customs laws of the United States;
              (9) the term ``native bird'' means any member, at any
            stage of its life cycle (including eggs), of any
            species of the class Aves which is indigenous to
            Antarctica or occurs there seasonally through natural
            migrations, and includes any part of such member;
              (10) the term ``native invertebrate'' means any
            terrestrial or freshwater invertebrate, at any stage of
            its life cycle, which is indigenous to Antarctica, and
            includes any part of such invertebrate;
              (11) the term ``native mammal'' means any member, at
            any stage of its life cycle, of any species of the
            class Mammalia, which is indigenous to Antarctica or
            occurs there seasonally through natural migrations, and
            includes any part of such member;
              (12) the term ``native plant'' means any terrestrial
            or freshwater vegetation, including bryophytes,
            lichens, fungi, and algae, at any stage of its life
            cycle (including seeds and other propagules), which is
            indigenous to Antarctica, and includes any part of such
            vegetation;
              (13) the term ``non-native species'' means any
            species of animal or plant which is not indigenous to
            Antarctica and does not occur there seasonally through
            natural migrations;
              (14) the term ``person'' has the meaning given that
            term in section 1 of title 1, United States Code, and
            includes any person subject to the jurisdiction of the
            United States and any department, agency, or other
            instrumentality of the Federal Government or of any
            State or local government;
              (15) the term ``prohibited product'' means any
            substance banned from introduction onto land or ice
            shelves or into water in Antarctica pursuant to Annex
            III to the Protocol;
              (16) the term ``prohibited waste'' means any
            substance which must be removed from Antarctica
            pursuant to Annex III to the Protocol, but does not
            include materials used for balloon envelopes required
            for scientific research and weather forecasting;
              (17) the term ``Protocol'' means the Protocol on
            Environmental Protection to the Antarctic Treaty,
            signed October 4, 1991, in Madrid, and all annexes
            thereto, including any future amendments thereto to
            which the United States is a party;
              (18) the term ``Secretary'' means the Secretary of
            Commerce;
              (19) the term ``Specially Protected Species'' means
            any native species designated as a Specially Protected
            Species pursuant to Annex II to the Protocol;
              (20) the term ``take'' means to kill, injure,
            capture, handle, or molest a native mammal or bird, or
            to remove or damage such quantities of native plants
            that their local distribution or abundance would be
            significantly affected;
              (21) the term ``Treaty'' means the Antarctic Treaty
            signed in Washington, DC, on December 1, 1959;
              (22) the term ``United States'' means the several
            States of the Union, the District of Columbia, the
            Commonwealth of Puerto Rico, American Samoa, the Virgin
            Islands, Guam, the Commonwealth of the Northern Mariana
            Islands, and any other commonwealth, territory, or
            possession of the United States; and
              (23) the term ``vessel subject to the jurisdiction of
            the United States'' includes any ``vessel of the United
            States'' and any ``vessel subject to the jurisdiction
            of the United States'' as those terms are defined in
            section 303 of the Antarctic Marine Living Resources
            Convention Act of 1984 (16 U.S.C. 2432).

    SEC. 4.\8\ PROHIBITED ACTS.

        (a) In General.--It is unlawful for any person--
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 2403. Sec. 103 of Public Law 104-227 (110 Stat. 3036)
    amended and restated sec. 4.
    ---------------------------------------------------------------------------
              (1) to introduce any prohibited product onto land or
            ice shelves or into water in Antarctica;
              (2) to dispose of any waste onto ice-free land areas
            or into fresh water systems in Antarctica;
              (3) to dispose of any prohibited waste in Antarctica;
              (4) to engage in open burning of waste;
              (5) to transport passengers to, from, or within
            Antarctica by any seagoing vessel not required to
            comply with the Act to Prevent Pollution from Ships (33
            U.S.C. 1901 et seq.), unless the person has an
            agreement with the vessel owner or operator under which
            the owner or operator is required to comply with Annex
            IV to the Protocol;
              (6) who organizes, sponsors, operates, or promotes a
            nongovernmental expedition to Antarctica, and who does
            business in the United States, to fail to notify all
            members of the expedition of the environmental
            protection obligations of this Act, and of actions
            which members must take, or not take, in order to
            comply with those obligations;
              (7) to damage, remove, or destroy a historic site or
            monument;
              (8) to refuse permission to any authorized officer or
            employee of the United States to board a vessel,
            vehicle, or aircraft of the United States, or subject
            to the jurisdiction of the United States, for the
            purpose of conducting any search or inspection in
            connection with the enforcement of this Act or any
            regulation promulgated or permit issued under this Act;
              (9) to forcibly assault, resist, oppose, impede,
            intimidate, or interfere with any authorized officer or
            employee of the United States in the conduct of any
            search or inspection described in paragraph (8);
              (10) to resist a lawful arrest or detention for any
            act prohibited by this section;
              (11) to interfere with, delay, or prevent, by any
            means, the apprehension, arrest, or detention of
            another person, knowing that such other person has
            committed any act prohibited by this section;
              (12) to violate any regulation issued under this Act,
            or any term or condition of any permit issued to that
            person under this Act; or
              (13) to attempt to commit or cause to be committed
            any act prohibited by this section.
        (b) Acts Prohibited Unless Authorized by Permit.--It is
    unlawful for any person, unless authorized by a permit issued
    under this Act--
              (1) to dispose of any waste in Antarctica (except as
            otherwise authorized by the Act to Prevent Pollution
            from Ships) including--
                      (A) disposing of any waste from land into the
                    sea in Antarctica; and
                      (B) incinerating any waste on land or ice
                    shelves in Antarctica, or on board vessels at
                    points of embarcation or debarcation, other
                    than through the use at remote field sites of
                    incinerator toilets for human waste;
              (2) to introduce into Antarctica any member of a
            nonnative species;
              (3) to enter or engage in activities within any
            Antarctic Specially Protected Area;
              (4) to engage in any taking or harmful interference
            in Antarctica; or
              (5) to receive, acquire, transport, offer for sale,
            sell, purchase, import, export, or have custody,
            control, or possession of, any native bird, native
            mammal, or native plant which the person knows, or in
            the exercise of due care should have known, was taken
            in violation of this Act.
        (c) Exception for Emergencies.--No act described in
    subsection (a)(1), (2), (3), (4), (5), (7), (12), or (13) or in
    subsection (b) shall be unlawful if the person committing the
    act reasonably believed that the act was committed under
    emergency circumstances involving the safety of human life or
    of ships, aircraft, or equipment or facilities of high value,
    or the protection of the environment.

    SEC. 4A.\9\ ENVIRONMENTAL IMPACT ASSESSMENT.

        (a) Federal Activities.--(1)(A) The obligations of the
    United States under Article 8 of and Annex I to the Protocol
    shall be implemented by applying the National Environmental
    Policy Act of 1969 (42 U.S.C. 4321 et seq.) to proposals for
    Federal agency activities in Antarctica, as specified in this
    section.
    ---------------------------------------------------------------------------
        \9\ 16 U.S.C. 2403a. Sec. 104 of Public Law 104-227 (110 Stat.
    3038) added sec. 4A.
    ---------------------------------------------------------------------------
        (B) The obligations contained in section 102(2)(C) of the
    National Environmental Policy Act of 1969 (42 U.S.C.
    4332(2)(C)) shall apply to all proposals for Federal agency
    activities occurring in Antarctica and affecting the quality of
    the human environment in Antarctica or dependent or associated
    ecosystems, only as specified in this section. For purposes of
    the application of such section 102(2)(C) under this
    subsection, the term ``significantly affecting the quality of
    the human environment'' shall have the same meaning as the term
    ``more than a minor or transitory impact''.
        (2)(A) Unless an agency which proposes to conduct a Federal
    activity in Antarctica determines that the activity will have
    less than a minor or transitory impact, or unless a
    comprehensive environmental evaluation is being prepared in
    accordance with subparagraph (C), the agency shall prepare an
    initial environmental evaluation in accordance with Article 2
    of Annex I to the Protocol.
        (B) If the agency determines, through the preparation of
    the initial environmental evaluation, that the proposed Federal
    activity is likely to have no more than a minor or transitory
    impact, the activity may proceed if appropriate procedures are
    put in place to assess and verify the impact of the activity.
        (C) If the agency determines, through the preparation of
    the initial environmental evaluation or otherwise, that a
    proposed Federal activity is likely to have more than a minor
    or transitory impact, the agency shall prepare and circulate a
    comprehensive environmental evaluation in accordance with
    Article 3 of Annex I to the Protocol, and shall make such
    comprehensive environmental evaluation publicly available for
    comment.
        (3) Any agency decision under this section on whether a
    proposed Federal activity, to which paragraph (2)(C) applies,
    should proceed, and, if so, whether in its original or in a
    modified form, shall be based on the comprehensive
    environmental evaluation as well as other considerations which
    the agency, in the exercise of its discretion, considers
    relevant.
        (4) For the purposes of this section, the term ``Federal
    activity'' includes all activities conducted under a Federal
    agency research program in Antarctica, whether or not conducted
    by a Federal agency.
        (b) Federal Activities Carried Out Jointly With Foreign
    Governments.--(1) For the purposes of this subsection, the term
    ``Antarctic joint activity'' means any Federal activity in
    Antarctica which is proposed to be conducted, or which is
    conducted, jointly or in cooperation with one or more foreign
    governments. Such term shall be defined in regulations
    promulgated by such agencies as the President may designate.
        (2) Where the Secretary of State, in cooperation with the
    lead United States agency planning an Antarctic joint activity,
    determines that--
              (A) the major part of the joint activity is being
            contributed by a government or governments other than
            the United States;
              (B) one such government is coordinating the
            implementation of environmental impact assessment
            procedures for that activity; and
              (C) such government has signed, ratified, or acceded
            to the Protocol,
    the requirements of subsection (a) of this section shall not
    apply with respect to that activity.
        (3) In all cases of Antarctic joint activity other than
    those described in paragraph (2), the requirements of
    subsection (a) of this section shall apply with respect to that
    activity, except as provided in paragraph (4).
        (4) Determinations described in paragraph (2), and agency
    actions and decisions in connection with assessments of impacts
    of Antarctic joint activities, shall not be subject to judicial
    review.
        (c) Nongovernmental Activities.--(1) The Administrator
    shall, within 2 years after the date of the enactment of the
    Antarctic Science, Tourism, and Conservation Act of 1996,
    promulgate regulations to provide for--
              (A) the environmental impact assessment of
            nongovernmental activities, including tourism, for
            which the United States is required to give advance
            notice under paragraph 5 of Article VII of the Treaty;
            and
              (B) coordination of the review of information
            regarding environmental impact assessment received from
            other Parties under the Protocol.
        (2) Such regulations shall be consistent with Annex I to
    the Protocol.
        (d) Decision to Proceed.--(1) No decision shall be taken to
    proceed with an activity for which a comprehensive
    environmental evaluation is prepared under this section unless
    there has been an opportunity for consideration of the draft
    comprehensive environmental evaluation at an Antarctic Treaty
    Consultative Meeting, except that no decision to proceed with a
    proposed activity shall be delayed through the operation of
    this paragraph for more than 15 months from the date of
    circulation of the draft comprehensive environmental evaluation
    pursuant to Article 3(3) of Annex I to the Protocol.
        (2) The Secretary of State shall circulate the final
    comprehensive environmental evaluation, in accordance with
    Article 3(6) of Annex I to the Protocol, at least 60 days
    before the commencement of the activity in Antarctica.
        (e) Cases of Emergency.--The requirements of this section,
    and of regulations promulgated under this section, shall not
    apply in cases of emergency relating to the safety of human
    life or of ships, aircraft, or equipment and facilities of high
    value, or the protection of the environment, which require an
    activity to be undertaken without fulfilling those
    requirements.
        (f) Exclusive Mechanism.--Notwithstanding any other
    provision of law, the requirements of this section shall
    constitute the sole and exclusive statutory obligations of the
    Federal agencies with regard to assessing the environmental
    impacts of proposed Federal activities occurring in Antarctica.
        (g) Decisions on Permit Applications.--The provisions of
    this section requiring environmental impact assessments
    (including initial environmental evaluations and comprehensive
    environmental evaluations) shall not apply to Federal actions
    with respect to issuing permits under section 5.
        (h) Publication of Notices.--Whenever the Secretary of
    State makes a determination under paragraph (2) of subsection
    (b) of this section, or receives a draft comprehensive
    environmental evaluation in accordance with Annex I, Article
    3(3) to the Protocol, the Secretary of State shall cause timely
    notice thereof to be published in the Federal Register.

    SEC. 5.\10\ PERMITS.

        (a) In General.--The Director may issue permits which
    authorize acts otherwise prohibited by section 4(b).\11\
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 2404.
        \11\ Sec. 105(1) of Public Law 104-227 (110 Stat. 3040) struck out
    ``section 4(a)'' and inserted in lieu thereof ``section 4(b)''.
    ---------------------------------------------------------------------------
        (b) Applications for Permits.--(1) Applications for permits
    under this section shall be made in such manner and form, and
    shall contain such information, as the Director shall by
    regulation prescribe.
        (2) The Director shall publish notice in the Federal
    Register of each application which is made for a permit under
    this section. The notice shall invite the submission by
    interested parties, within 30 days after the date of
    publication of the notice, of written data, comments, or views
    with respect to the application. Information received by the
    Director as a part of any application shall be available to the
    public as a matter of public record.
        (c) Action by Appropriate Secretaries on Certain Permit
    Applications.--(1) If the Director receives an application for
    a permit under this section requesting authority to undertake
    any action with respect to--
              (A) any native mammal which is a marine mammal within
            the meaning of section 3(5) of the Marine Mammal
            Protection Act of 1972 (16 U.S.C. 1362(5));
              (B) any native mammal, native bird, or native plant
            which is an endangered species or threatened species
            under the Endangered Species \12\ Act of 1973 (16
            U.S.C. 1531 et seq.); or
    ---------------------------------------------------------------------------
        \12\ Sec. 105(2) of Public Law 104-227 (110 Stat. 3040) struck out
    ``Special'' and inserted in lieu thereof ``Species''.
    ---------------------------------------------------------------------------
              (C) any native bird which is protected under the
            Migratory Bird Treaty Act (16 U.S.C. 701 et seq.);
    the Director shall submit a copy of the application to the
    Secretary of Commerce or to the Secretary of the Interior, as
    appropriate (hereinafter in this subsection referred to
    respectively as the ``appropriate Secretary'').
        (2) After receiving a copy of any application from the
    Director under paragraph (1) the appropriate Secretary shall
    promptly determine, and notify the Director, whether or not any
    action proposed in the application also requires a permit or
    other authorization under any law administered by the
    appropriate Secretary.
        (3) If the appropriate Secretary notifies the Director that
    any action proposed in the application requires a permit or
    other authorization under any law administered by the
    appropriate Secretary, the Director may not issue a permit
    under this section with respect to such action unless such
    other required permit or authorization is issued by the
    appropriate Secretary and a copy thereof is submitted to the
    Director. The issuance of any permit or other authorization by
    the appropriate Secretary for the carrying out of any action
    with respect to any native mammal, native bird, or native plant
    shall not be deemed to entitle the applicant concerned to the
    issuance by the Director of a permit under this section.
        (d) Issuance of Permits.--As soon as practicable after
    receiving any application for a permit under this section, or,
    in the case of any application to which subsection (c) applies,
    as soon as practicable after the applicable requirements of
    such subsection are complied with, the Director shall issue, or
    deny the issuance of, the permit. Within 10 days after the date
    of the issuance or denial of a permit under this subsection,
    the Director shall publish notice of the issuance or denial in
    the Federal Register.
        (e) \13\ Terms and Conditions of Permits.--(1) Each permit
    issued under this section shall--
    ---------------------------------------------------------------------------
        \13\ So in original. Two subsecs. (e) have been enacted.
    ---------------------------------------------------------------------------
              (A) if applicable, specify--
                      (i) the number and species of native mammals,
                    native birds, native plants, or native
                    invertebrates to which the permit applies, and
                    \14\
    ---------------------------------------------------------------------------
        \14\ Sec. 105(3)(A) of Public Law 104-227 (110 Stat. 3040) struck
    out ``or native plants to which the permit applies,'', and inserted in
    lieu thereof ``native plants, or native invertebrates to which the
    permit applies, and''.
    ---------------------------------------------------------------------------
                      (ii) \15\ the manner in which the taking or
                    harmful interference shall be conducted (which
                    manner shall be determined by the Director to
                    be humane) and the area in which it will be
                    conducted;
    ---------------------------------------------------------------------------
        \15\ Sec. 105(3)(B) of Public Law 104-227 (110 Stat. 3040) struck
    out clauses (ii) and (iii) and inserted a new clause (ii). Former
    clauses (ii) and (iii) read as follows:
        ``(ii) if any such mammal or bird is authorized to be taken,
    transported, carried, or shipped, the manner (which manner must be
    determined by the Director to be humane) in which such action must be
    accomplished and the area in which such taking must occur, and
        ``(iii) if any such plant is authorized to be collected, the
    location and manner in which it must be collected;''.
    ---------------------------------------------------------------------------
              (B) the period during which the permit is valid; and
              (C) such other terms and conditions as the Director
            deems necessary and appropriate to ensure that any act
            authorized under the permit is carried out in a manner
            consistent with the purpose of this chapter, the
            criteria set forth in paragraph (2), if applicable, and
            the regulations prescribed under this Act.
        (2) The terms and conditions imposed by the Director in any
    permit issued under this section that authorizes any of the
    following acts shall be consistent with the following criteria:
              (A) Permits authorizing the taking or harmful
            interference within Antarctica \16\ of any native
            mammal or native bird (other than a Specially Protected
            Species \17\ of any such mammal or bird)--
    ---------------------------------------------------------------------------
        \16\ Sec. 105(3)(C) of Public Law 104-227 (110 Stat. 3040) struck
    out ``within Antarctica (other than within any specially protected
    area)'' and inserted in lieu thereof ``or harmful interference within
    Antarctica''.
        \17\ Sec. 105(3)(D) of Public Law 104-227 (110 Stat. 3040) struck
    out ``specially protected species'' and inserted in lieu thereof
    ``Specially Protected Species''.
    ---------------------------------------------------------------------------
                      (i) may be issued only for the purpose of
                    providing--
                              (I) specimens for scientific study or
                            scientific information, or
                              (II) specimens for museums,
                            zoological gardens, or other
                            educational or cultural institutions or
                            uses; or \18\
    ---------------------------------------------------------------------------
        \18\ Sec. 105(3)(E) of Public Law 104-227 (110 Stat. 3040) struck
    out ``; and'' and inserted in lieu thereof ``; or''.
    ---------------------------------------------------------------------------
                              (III) \19\ for unavoidable
                            consequences of scientific activities
                            or the construction and operation of
                            scientific support facilities; and
    ---------------------------------------------------------------------------
        \19\ Sec. 105(3)(F) of Public Law 104-227 (110 Stat. 3040) added
    subclause (III).
    ---------------------------------------------------------------------------
                      (ii) shall ensure, as far as possible, that--
                              (I) no more native mammals and native
                            birds are taken in any year than can
                            normally be replaced by net natural
                            reproduction in the following breeding
                            season, and
                              (II) the variety of species and the
                            balance of the natural ecological
                            systems within Antarctica are \20\
                            maintained.
    ---------------------------------------------------------------------------
        \20\ Sec. 105(3)(G) of Public Law 104-227 (110 Stat. 3041) struck
    out ``with Antarctica and'', and inserted in lieu thereof ``within
    Antarctica are''.
    ---------------------------------------------------------------------------
              (B) Permits authorizing the taking of Specially
            Protected Species \17\ may be issued only if--
                      (i) there is a compelling scientific purpose
                    for such taking; and
                      (ii) the actions allowed under any such
                    permit will not jeopardize any existing natural
                    ecological system, or the survival, of such
                    species.
              (C) \21\ A permit authorizing the entry into an
            Antarctic Specially Protected Area shall be issued
            only--
    ---------------------------------------------------------------------------
        \21\ Sec. 105(3)(H) of Public Law 104-227 (110 Stat. 3041) amended
    and restated subpara. (C) and struck out subpara. (D).
    ---------------------------------------------------------------------------
                      (i) if the entry is consistent with an
                    approved management plan, or
                      (ii) if a management plan relating to the
                    area has not been approved but--
                              (I) there is a compelling purpose for
                            such entry which cannot be served
                            elsewhere, and
                              (II) the actions allowed under the
                            permit will not jeopardize the natural
                            ecological system existing in such
                            area.
        (e) \13\ Judicial Review.--Any applicant for a permit may
    obtain judicial review of the terms and conditions of any
    permit issued by the Director under this section or of the
    refusal of the Director to issue such a permit. Such review,
    which shall be pursuant to chapter 7 of title 5, United States
    Code, may be initiated by filing a petition for review in the
    United States district court for the district wherein the
    applicant for a permit resides, or has his principal place of
    business, or in the United States District Court for the
    District of Columbia, within 60 days after the date on which
    such permit is issued or denied.
        (f)(1) \22\ Modification, Suspension, and Revocation.--The
    Director may modify, suspend, or revoke, in whole or part, any
    permit issued under this section--
    ---------------------------------------------------------------------------
        \22\ As enrolled. Para. designation ``(1)'' should probably follow
    ``Revocation.--''.
    ---------------------------------------------------------------------------
              (A) in order to make the permit consistent with any
            change made after the date of issuance of the permit,
            to any regulation prescribed under section 6;
              (B) if there is any change in conditions which makes
            the permit inconsistent with the purpose of this Act;
            or
              (C) in any case in which there has been any violation
            of any term or condition of the permit, any regulation
            prescribed under this Act, or any provision of this
            Act.
        (2) Whenever the Director proposes any modification,
    suspension, or revocation of a permit under this subsection,
    the permittee shall be afforded opportunity, after due notice,
    for a hearing by the Director with respect to such proposed
    modification, suspension, or revocation. If a hearing is
    requested, the action proposed by the Director shall not take
    effect before a decision is issued by him after the hearing,
    unless the proposed action is taken by the Director to meet an
    emergency situation. Any action taken by the Director after
    such a hearing is subject to judicial review on the same basis
    as is provided for with respect to permit applications under
    subsection (e) of this section.
        (3) Notice of the modification, suspension, or revocation
    of any permit by the Director shall be published in the Federal
    Register within 10 days from the date of the Director's
    decision.
        (g) Permit Fees.--The Director may establish and charge
    fees for processing applications for permits under this
    section. The amount of such fees shall be commensurate with the
    administrative costs incurred by the Director in undertaking
    such processing.

    SEC. 6.\23\ REGULATIONS.

        (a) Regulations To Be Issued by the Director.--(1) The
    Director shall issue such regulations as are necessary and
    appropriate to implement Annex II and Annex V to the Protocol
    and the provisions of this Act which implement those annexes,
    including section 4(b)(2), (3), (4), and (5) of this Act. The
    Director shall designate as native species--
    ---------------------------------------------------------------------------
        \23\ 16 U.S.C. 2405. Sec. 106 of Public Law 104-227 (110 Stat.
    3041) amended and restated sec. 6.
    ---------------------------------------------------------------------------
              (A) each species of the class Aves;
              (B) each species of the class Mammalia; and
              (C) each species of plant,
    which is indigenous to Antarctica or which occurs there
    seasonally through natural migrations.
        (2) The Director, with the concurrence of the
    Administrator, shall issue such regulations as are necessary
    and appropriate to implement Annex III to the Protocol and the
    provisions of this Act which implement that Annex, including
    section 4(a)(1), (2), (3), and (4), and section 4(b)(1) of this
    Act.
        (3) The Director shall issue such regulations as are
    necessary and appropriate to implement Article 15 of the
    Protocol with respect to land areas and ice shelves in
    Antarctica.
        (4) The Director shall issue such additional regulations as
    are necessary and appropriate to implement the Protocol and
    this Act, except as provided in subsection (b).
        (b) Regulations To Be Issued by the Secretary of the
    Department in Which the Coast Guard is Operating.--The
    Secretary of the Department in which the Coast Guard is
    operating shall issue such regulations as are necessary and
    appropriate, in addition to regulations issued under the Act to
    Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), to
    implement Annex IV to the Protocol and the provisions of this
    Act which implement that Annex, and, with the concurrence of
    the Director, such regulations as are necessary and appropriate
    to implement Article 15 of the Protocol with respect to
    vessels.
        (c) Time Period for Regulations.--The regulations to be
    issued under subsection (a)(1) and (2) of this section shall be
    issued within 2 years after the date of the enactment of the
    Antarctic Science, Tourism, and Conservation Act of 1996. The
    regulations to be issued under subsection (a)(3) of this
    section shall be issued within 3 years after the date of the
    enactment of the Antarctic Science, Tourism, and Conservation
    Act of 1996.

    SEC. 7.\24\ NOTIFICATION OF TRAVEL TO ANTARCTICA.

        The Secretary of State shall prescribe such regulations as
    may be necessary and appropriate to implement, with respect to
    United States citizens, paragraph 5 of Article VII of the
    Treaty pertaining to the filing of advance notifications of
    expeditions to, and within, Antarctica. For purposes of this
    section, the term ``United States citizen'' shall include any
    foreign person who organizes within the United States any
    expedition which will proceed to Antarctica from the United
    States.
    ---------------------------------------------------------------------------
        \24\ 16 U.S.C. 2406.
    ---------------------------------------------------------------------------

    SEC. 8.\25\ CIVIL PENALTIES.

        (a) Assessment of Penalties.--Any person who is found by
    the Director, after notice and opportunity for a hearing in
    accordance with subsection (b) of this section, to have
    committed any act prohibited by section 4(a) or to have
    violated any regulation prescribed under section 7 shall be
    liable to the United States for a civil penalty. The amount of
    the civil penalty shall not exceed $5,000 for each violation
    unless the prohibited act was knowingly committed, in which
    case the amount of the civil penalty shall not exceed $10,000
    for each violation. Each day of a continuing violation shall
    constitute a separate offense. The amount of any civil penalty
    shall be assessed by the Director by written notice. Any civil
    penalty assessed under this subsection may be remitted or
    mitigated by the Director.
    ---------------------------------------------------------------------------
        \25\ 16 U.S.C. 2407.
    ---------------------------------------------------------------------------
        (b) Hearings.--Hearings for the assessment of civil
    penalties under subsection (a) shall be conducted in accordance
    with section 554 of title 5, United States Code. For the
    purposes of conducting any such hearing, the Director may issue
    subpenas for the attendance and testimony of witnesses and the
    production of relevant papers, books, and documents, and may
    administer oaths. Witnesses summoned shall be paid the same
    fees and mileage that are paid to witnesses in the courts of
    the United States. In case of contumacy or refusal to obey a
    subpena served upon any person pursuant to this subsection, the
    district court of the United States for any district in which
    such person is found, resides, or transacts business, upon
    application by the United States and after notice to such
    person, shall have jurisdiction to issue an order requiring
    such person to appear and give testimony before the Director or
    to appear and produce documents before the Director, or both,
    and any failure to obey such order of the court may be punished
    by such court as a contempt thereof.
        (c) Review.--Upon the failure of any person against whom a
    civil penalty is assessed under subsection (a) to pay such
    penalty, the Director may request the Attorney General to
    institute a civil action in a district court of the United
    States for any district in which such person is found, resides,
    or transacts business to collect the penalty and such court
    shall have jurisdiction to hear and decide any such action. The
    court shall hear such action on the record made before the
    Director and shall sustain the decision of the Director if it
    is supported by substantial evidence on the record considered
    as a whole.
        (d) Penalties Under Other Laws.--The assessment of a civil
    penalty under subsection (a) for any act shall not be deemed to
    preclude the assessment of a civil penalty for such act under
    any other law, including, but not limited to, the Marine Mammal
    Protection Act of 1972, the Endangered Species Act of 1973, and
    the Migratory Bird Treaty Act.

    SEC. 9.\26\ CRIMINAL OFFENSES.

        (a) Offenses.--A person is guilty of an offense if he
    willfully commits any act prohibited by section 4(a).
    ---------------------------------------------------------------------------
        \26\ 16 U.S.C. 2408.
    ---------------------------------------------------------------------------
        (b) Punishment.--Any offense described in subsection (a) is
    punishable by a fine of $10,000, or imprisonment for not more
    than one year, or both.
        (c) Offenses Under Other Laws.--A conviction under
    subsection (a) for any act shall not be deemed to preclude a
    conviction for such act under any other law, including, but not
    limited to, the Marine Mammal Protection Act of 1972, the
    Endangered Species Act of 1973, and the Migratory Bird Treaty
    Act.

    SEC. 10.\27\ ENFORCEMENT.

        (a) Responsibility.--The provisions of this Act and of any
    regulation prescribed, or permit issued, under this Act shall
    be enforced by the Director, the Secretary of the Treasury, the
    Secretary of Commerce, the Secretary of \28\ Interior, and the
    Secretary of the department in which the Coast Guard is
    operating. The Director and such Secretaries may utilize by
    agreement, on a reimbursable basis or otherwise, the personnel,
    services, and facilities of any other Federal agency or any
    State agency in the performance of such duties.
    ---------------------------------------------------------------------------
        \27\ 16 U.S.C. 2409.
        \28\ So in original. Probably should read ``of the''.
    ---------------------------------------------------------------------------
        (b) Powers of Authorized Officers.--Any officer who is
    authorized (by the Director, the Secretary of the Treasury, the
    Secretary of Commerce, the Secretary of the Interior, the
    Secretary of the department in which the Coast Guard is
    operating, or the head of any Federal or State agency which has
    entered into an agreement with the Director or any such
    Secretary under subsection (a)) to enforce the provisions of
    this Act and of any regulation or permit issued under this Act
    may--
              (1) secure, execute, and serve any order, warrant,
            subpena, or other process, which is issued under the
            authority of the United States;
              (2) search without warrant any person, place, or
            conveyance where there is reasonable grounds to believe
            that a person has committed or is attempting to commit
            an act prohibited by section 4(a);
              (3) seize without warrant any evidentiary item where
            there is reasonable grounds to believe that a person
            has committed or is attempting to commit any such act;
              (4) offer and pay rewards for services or information
            which may lead to the apprehension of violators of such
            provisions;
              (5) make inquiries, and administer to, or take from,
            any person an oath, affirmation, or affidavit,
            concerning any matter which is related to the
            enforcement of such provisions;
              (6) detain for inspection and inspect any package,
            crate, or other container, including its contents, and
            all accompanying documents, upon importation into, or
            exportation from, the United States; and
              (7) make an arrest with or without a warrant with
            respect to any act prohibited by section 4(a) if such
            officer has reasonable grounds to believe that the
            person to be arrested is committing such act in his
            presence or view, or has committed such act.
        (c) Seizure.--Any property or item seized pursuant to
    subsection (b) shall be held by any person authorized by the
    Director, the Secretary of the Treasury, the Secretary of
    Commerce, the Secretary of the Interior, or the Secretary of
    the department in which the Coast Guard is operating pending
    the disposition of civil or criminal proceedings, or the
    institution of an action in rem for forfeiture of such property
    or item; except that such authorized person may, in lieu of
    holding such property or item, permit the owner or consignee
    thereof to post a bond or other satisfactory surety.
        (d) Forfeiture.--(1) Any animal or plant with respect to
    which an act prohibited by section 4(a) is committed shall be
    subject to forfeiture to the United States.
        (2) All guns, traps, nets, and other equipment, vessels,
    vehicles, aircraft, and other means of transportation used in
    the commission of any act prohibited by section 4(a) shall be
    subject to forfeiture to the United States.
        (3) Upon the forfeiture to the United States of any
    property or item described in paragraph (1) or (2), or upon the
    abandonment or waiver of any claim to any such property or
    item, it shall be disposed of by the Director, the Secretary of
    the Treasury, the Secretary of Commerce, the Secretary of the
    Interior, or the Secretary of the department in which the Coast
    Guard is operating, as the case may be, in such a manner,
    consistent with the purposes of the Act, as may be prescribed
    by regulation; except that no native mammal, native bird, or
    native plant may be disposed of by sale to the public.
        (e) Application of Customs Laws.--All provisions of law
    relating to the seizure, forfeiture, and condemnation of a
    vessel for violation of the customs laws, the disposition of
    such vessel or the proceeds from the sale thereof, and the
    remission or mitigation of such forfeiture, shall apply to the
    seizures and forfeitures incurred, or alleged to have been
    incurred, under the provision of this Act, insofar as such
    provisions of law are applicable and not inconsistent with the
    provisions of this Act; except that all powers, rights, and
    duties conferred or imposed by the customs laws upon any
    officer or employee of the Customs Service may, for the
    purposes of this Act, also be exercised or performed by the
    Director, the Secretary of Commerce, the Secretary of the
    Interior, or the Secretary of the department in which the Coast
    Guard is operating, or by such persons as each may designate.
        (f) Regulations.--The Director, the Secretary of the
    Treasury, the Secretary of Commerce, the Secretary of the
    Interior, and the Secretary of the department in which the
    Coast Guard is operating may prescribe such regulations as may
    be appropriate to enforce the provisions of this Act and of any
    regulation prescribed or permit issued under this Act, and
    charge reasonable fees for the expenses of the United States
    incurred in carrying out inspections and in transferring,
    boarding, handling, or storing native mammals, native birds,
    native plants, animals and plants not indigenous to Antarctica,
    and other evidentiary items seized or forfeited under this Act.

    SEC. 11.\29\ JURISDICTION OF COURTS.

        The district courts of the United States shall have
    exclusive jurisdiction over any case or controversy arising
    under the provisions of this Act or of any regulation
    prescribed, or permit issued, under this Act.
    ---------------------------------------------------------------------------
        \29\ 16 U.S.C. 2410.
    ---------------------------------------------------------------------------

    SEC. 12.\30\ FEDERAL AGENCY COOPERATION.

        Each Federal department or agency whose activities affect
    Antarctica shall utilize, to the maximum extent practicable,
    its authorities in furtherance of the purposes of this Act, and
    shall cooperate with the Director in carrying out the purposes
    of this Act.
    ---------------------------------------------------------------------------
        \30\ 16 U.S.C. 2411.
    ---------------------------------------------------------------------------

    SEC. 13.\31\ RELATIONSHIP TO EXISTING TREATIES.

        Nothing in this Act shall be construed as contravening or
    superseding the provisions of any international treaty,
    convention, or agreement, if such treaty, convention, or
    agreement is in force with respect to the United States on the
    date of the enactment of this Act, or of any statute which
    implements any such treaty, convention, or agreement.
    ---------------------------------------------------------------------------
        \31\ 16 U.S.C. 2412.
    ---------------------------------------------------------------------------

    SEC. 14.\32\ SAVING PROVISIONS.

        (a) Regulations.--All regulations promulgated under this
    Act prior to the date of the enactment of the Antarctic
    Science, Tourism, and Conservation Act of 1996 shall remain in
    effect until superseding regulations are promulgated under
    section 6.
    ---------------------------------------------------------------------------
        \32\ 16 U.S.C. 2413. The original sec. 14 amended the Fishermen's
    Protective Act of 1967 (22 U.S.C. 1971). Sec. 107 of Public Law 104-227
    (110 Stat. 3042) added this sec. 14.
    ---------------------------------------------------------------------------
        (b) Permits.--All permits issued under this Act shall
    remain in effect until they expire in accordance with the terms
    of those permits.
          (2) Antarctic Science, Tourism, and Conservation Act of 1996

        Partial text of Public Law 104-227 [H.R. 3060], 110 Stat. 3034,
                            approved October 2, 1996

      AN ACT To implement the Protocol on Environmental Protection to the
                               Antarctic Treaty.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Antarctic Science, Tourism,
    and Conservation Act of 1996''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 2401 note.
    ---------------------------------------------------------------------------

         TITLE I--AMENDMENTS TO THE ANTARCTIC CONSERVATION ACT OF 1978

              * * * * * * *

                 TITLE II--CONFORMING AMENDMENTS TO OTHER LAWS

              * * * * * * *

                   TITLE III--POLAR RESEARCH AND POLICY STUDY

    SEC. 301. POLAR RESEARCH AND POLICY STUDY.

        Not later than March 1, 1997, the National Science
    Foundation shall provide a detailed report to the Congress on--
              (1) the status of the implementation of the Arctic
            Environmental Protection Strategy and Federal funds
            being used for that purpose;
              (2) all of the Federal programs relating to Arctic
            and Antarctic research and the total amount of funds
            expended annually for each such program, including--
                      (A) a comparison of the funding for
                    logistical support in the Arctic and Antarctic;
                      (B) a comparison of the funding for research
                    in the Arctic and Antarctic;
                      (C) a comparison of any other amounts being
                    spent on Arctic and Antarctic programs; and
                      (D) an assessment of the actions taken to
                    implement the recommendations of the Arctic
                    Research Commission with respect to the use of
                    such funds for research and logistical support
                    in the Arctic.
          (3) Protection of Antarctica as a Global Ecological Commons

     Public Law 101-620 [S.J. Res. 206], 104 Stat. 3340, approved November
                                    16, 1990

     JOINT RESOLUTION Calling for the United States to encourage immediate
    negotiations toward a new agreement among Antarctic Treaty Consultative
     Parties, for the full protection of Antarctica as a global ecological
                                    commons.

    Whereas Antarctica, like the great oceans and the atmosphere,
        is a part of the global commons;
    Whereas the Antarctic region, including the continent and the
        Southern Ocean, is a fragile ecosystem that support an
        amazing abundance of life, and is, in turn, crucial to
        other life on Earth;
    Whereas Antarctica is a critical areas in the study and
        documentation of global change;
    Whereas negotiations of the Antarctic Treaty Consultative
        Parties have resulted in the Convention on the Regulation
        of Antarctic Mineral Resource Activities;
    Whereas the Convention on the Regulation of Antarctic Mineral
        Resource Activities, while requiring consideration of
        environmental impacts prior to allowing minerals
        development in Antarctica, does not guarantee preservation
        of the Antarctic environment; and
    Whereas the challenge to humankind is to ensure that Antarctica
        is stewarded in a manner that conserves its unique
        environment and preserves its value for scientific
        research: Now, therefore be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That--
              (1) Antarctica is a global ecological commons, and
            should, therefore, be subject to a new agreement or
            protocol which supplement \1\ the Antarctic Treaty of
            1959, providing for comprehensive environmental
            protection of Antarctica, and which should for an
            indefinite period establish Antarctica as a region
            closed to commercial minerals development and related
            activities;
    ---------------------------------------------------------------------------
        \1\ As enrolled. Should probably read ``supplements''.
    ---------------------------------------------------------------------------
              (2) under such new agreements, information about
            mineral or other resources in Antarctica should be
            obtained under strictly controlled arrangements and
            should be openly shared in the international scientific
            community;
              (3) the Convention on the Regulation of Antarctic
            Mineral Resource Activities, through a considerable
            step forward, does not guarantee protection of the
            fragile environment of Antarctica and could actually
            stimulate movement toward commercial exploitation;
              (4) pending the negotiation and entry into force of
            the new agreements referred to in paragraph (1) the
            Convention on the Regulation of Antarctic Mineral
            Resource Activities should not be presented to the
            Senate for advice and consent to ratification;
              (5) until such new agreements enter into force, the
            United States should support the interim restraint
            measures currently in effect among the Consultative
            Parties to the Antarctic Treaty; and
              (6) the negotiation of a new agreements \2\ referred
            to in paragraph (1) should be fully supported by the
            United States at the November 1990 meeting of the
            Antarctic Treaty Consultative Parties in Santiago,
            Chile.
    ---------------------------------------------------------------------------
        \2\ As enrolled. Should probably read ``agreement'' or ``of new
    agreements''.
                      (4) Antarctic Protection Act of 1990

     Public Law 101-594 [H.R. 3977], 104 Stat. 2975, approved November 16,
    1990; as amended by Public Law 104-227 [Antarctic Science, Tourism, and
    Conservation Act of 1996; H.R. 3060], 110 Stat. 3034, approved October
                                    2, 1996

      AN ACT To protect and conserve the continent of Antarctica, and for
                                other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Antarctic Protection Act of
    1990''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 2461 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ FINDINGS AND PURPOSE.

        (a) Findings.--Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 2461.
    ---------------------------------------------------------------------------
              (1) the Antarctic continent with its associated and
            dependent ecosystems is a distinctive environment
            providing a habitat for many unique species and
            offering a natural laboratory from which to monitor
            critical aspects of stratospheric ozone depletion and
            global climate change;
              (2) Antarctica is protected by a series of
            international agreements, including the Antarctic
            Treaty and associated recommendations, the Convention
            on the Conservation of Antarctic Seals, and the
            Convention on the Conservation of Antarctic Marine
            Living Resources, which are intended to conserve the
            renewable natural resources of Antarctica and to
            recognize the importance of Antarctica for the conduct
            of scientific research;
              (3) recurring and recent developments in Antarctica,
            including increased siting of scientific stations, poor
            waste disposal practices, oil spills, increased
            tourism, and the over-exploitation of marine living
            resources, have raised serious questions about the
            adequacy and implementation of existing agreements and
            domestic law to protect the Antarctic environment and
            its living marine resources;
              (4) the parties to the Antarctic Treaty have
            negotiated a Convention on the Regulation of Antarctic
            Mineral Resources Activities which the United States
            has signed but not yet ratified;
              (5) the Convention on the Regulation of Antarctic
            Mineral Resources Activities does not guarantee the
            preservation of the fragile environment of Antarctica
            and could actually stimulate movement toward Antarctic
            mineral resource activity;
              (6) the exploitation of mineral resources in
            Antarctica could lead to additional degradation of the
            Antarctic environment, including increased risk of oil
            spills;
              (7) the Antarctic Treaty Consultative Parties have
            agreed to a voluntary ban on Antarctic mineral resource
            activities which needs to be made legally binding;
              (8) the level of scientific study, including
            necessary support facilities, has increased to the
            point that some scientific programs may be degrading
            the Antarctic environment; and
              (9) the planned special consultative meeting of
            parties to the Antarctic Treaty and the imminence of
            the thirtieth anniversary of the Antarctic Treaty
            provide opportunities for the United States to exercise
            leadership toward protection and sound management of
            Antarctica.
        (b) Purpose.--The purpose of this Act is to--
              (1) strengthen substantially overall environmental
            protection of Antarctica;
              (2) prohibit prospecting, exploration, and
            development of Antarctic mineral resources by United
            States citizens and other persons subject to the
            jurisdiction of the United States;
              (3) urge other nations to join the United States in
            immediately negotiating one or more new agreements to
            provide an indefinite ban on all Antarctic mineral
            resource activities and comprehensive protection for
            Antarctica and its associated and dependent ecosystems;
            and
              (4) urge all nations to consider a permanent ban on
            Antarctic mineral resource activities.

    SEC. 3.\3\ DEFINITIONS.

        For the purposes of this Act:
    ---------------------------------------------------------------------------
        \3\ 16 U.S.C. 2462.
    ---------------------------------------------------------------------------
              (1) The term ``Antarctica'' means the area south of
            the Antarctic Convergence as defined in section 303(1)
            of the Antarctic Marine Living Resources Convention Act
            of 1984 (16 U.S.C. 2432).
              (2) The term ``Antarctic mineral resource activity''
            means prospecting, exploration, or development in
            Antarctica of mineral resources, but does not include
            scientific research within the meaning of article III
            of the Antarctic Treaty, done at Washington on December
            1, 1959.
              (3) The term ``development'' means any activity,
            including logistic support, which takes place following
            exploration, the purpose of which is the exploitation
            of specific mineral resource deposits, including
            processing, storage, and transport activities.
              (4) The term ``exploration'' means any activity,
            including logistic support, the purpose of which is the
            identification or evaluation of specific mineral
            resource deposits. The term includes exploratory
            drilling, dredging, and other surface or subsurface
            excavations required to determine the nature and size
            of mineral resource deposits and the feasibility of
            their development.
              (5) The term ``mineral resources'' means all
            nonliving natural nonrenewable resources, including
            fossil fuels, minerals, whether metallic or
            nonmetallic, but does not include ice, water, or snow.
              (6) The term ``person'' means any individual,
            corporation, partnership, trust, association, or any
            other entity existing or organized under the laws of
            the United States, or any officer, employee, agent,
            department, or other instrumentality of the Federal
            Government or of any State or political subdivision
            thereof.
              (7) The term ``prospecting'' means any activity,
            including logistic support, the purpose of which is the
            identification of mineral resource potential for
            possible exploration and development.
              (8) The term ``Under Secretary'' means the Under
            Secretary of Commerce for Oceans and Atmosphere.

    SEC. 4.\4\ PROHIBITION OF ANTARCTIC MINERAL RESOURCE ACTIVITIES.

        It \4\ is unlawful for any person to engage in, finance, or
    otherwise knowingly provide assistance to any Antarctic mineral
    resource activity.
    ---------------------------------------------------------------------------
        \4\ 16 U.S.C. 2463. Sec. 202(a) of Public Law 104-227 (110 Stat.
    3044) struck out ``Pending a new agreement among the Antarctic Treaty
    Consultative Parties in force for the United States, to which the
    Senate has given advice and consent or which is authorized by further
    legislation by the Congress, which provides an indefinite ban on
    Antarctic mineral resource activities, it'' and inserted in lieu
    thereof ``It''.
    ---------------------------------------------------------------------------

    SEC. 5.\5\ ENFORCEMENT.

        (a) In General.--A violation of this Act or any regulation
    promulgated under this Act is deemed to be a violation of the
    Antarctic Marine Living Resources Convention Act (16 U.S.C.
    2431-2444) and shall be enforced under that Act by the Under
    Secretary or another Federal official to whom the Under
    Secretary has delegated this responsibility.
    ---------------------------------------------------------------------------
        \5\ 16 U.S.C. 2465. Sec. 202 of Public Law 104-227 (110 Stat. 3044)
    struck out secs. 5 and 7 (formerly at 16 U.S.C. 2464 and 2466,
    respectively) and redesignated sec. 6 as sec. 5. Secs. 5 and 7 had
    provided as follows:
    ---------------------------------------------------------------------------

    ``sec. 5. international agreement.
    ---------------------------------------------------------------------------

        ``(a) It is the sense of Congress that the Secretary of State
    should enter into negotiations with the Antarctic Treaty Consultative
    Parties to conclude one or more new international agreements to--
    ---------------------------------------------------------------------------

      ``(1) conserve and protect permanently the natural environment of
    Antarctica and its associated and dependent ecosystems;

      ``(2) prohibit or ban indefinitely Antarctic mineral resource activities
    by all parties to the Antarctic Treaty;

      ``(3) grant Antarctica special protective status as a land of science
    dedicated to wilderness protection, international cooperation, and
    scientific research;

      ``(4) ensure that the results of all scientific investigations relating
    to geological processes and structures be made openly available to the
    international scientific community, as required by the Antarctic Treaty;
    and

      ``(5) include other comprehensive measures for the protection of the
    Antarctic environment.
    ---------------------------------------------------------------------------

        ``(b) It is the sense of Congress that any treaty or other
    international agreement submitted by the President to the Senate for
    its advice and consent to ratification relating to mineral resources or
    activities in Antarctica should be consistent with the purpose and
    provisions of this Act.
    ---------------------------------------------------------------------------

    * * * * * * *

    ``sec. 7. authorization of appropriations.
    ---------------------------------------------------------------------------

        ``There are authorized to be appropriated--
    ---------------------------------------------------------------------------

      ``(1) to the Under Secretary not more than $1,000,000 for each of fiscal
    years 1991 and 1992 to carry out the purposes of this Act; and

      ``(2) to the Secretary of State not more than $500,000 for each of fiscal
    years 1991 and 1992 to carry out section 5 of this Act.''.

        (b) Penalty.--If the Under Secretary determines that a
    person has violated section 4--
              (1) that person shall be ineligible to locate a
            mining claim under the mining laws of the United
            States; and
              (2) the Secretary of the Interior shall refuse to
            issue a patent under the mining laws of the United
            States, or a lease under the laws of the United States
            related to mineral or geothermal leasing, to any such
            person who attempts to perfect such patent or lease
            application after the Under Secretary has made such
            determination.
                g. Global Climate Change Prevention Act of 1990

    Title XXIV of Public Law 101-624 [Food, Agriculture, Conservation, and
    Trade Act of 1990; S. 2830], 104 Stat. 3359 at 4058, approved November
        28, 1990; as amended by Public Law 104-127 [Federal Agriculture
    Improvement and Reform Act of 1996; H.R. 2854], 110 Stat. 888, approved
        April 4, 1996; and Public Law 107-171 [Farm Security and Rural
      Investment Act of 2002; H.R. 2646], 116 Stat. 134, approved May 13,
                                      2002

      AN ACT To extend and revise agricultural price support and related
     programs, to provide for agricultural export, resource conservation,
    farm credit, and agricultural research and related programs, to ensure
    consumers an abundance of food and fiber at reasonable prices, and for
                                other purposes.

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

                       TITLE XXIV--GLOBAL CLIMATE CHANGE

    SEC. 2401.\1\ SHORT TITLE.

        This title may be cited as the ``Global Climate Change
    Prevention Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 7 U.S.C. 6701 note.
    ---------------------------------------------------------------------------

    SEC. 2402.\2\ GLOBAL CLIMATE CHANGE PROGRAM.

        (a) Establishment.--For the purpose of having within the
    Department of Agriculture a focal point for coordinating all
    issues of climate change, the Secretary of Agriculture
    (hereafter in this title referred to as the ``Secretary'')
    shall establish a Global Climate Change Program (hereafter in
    this section referred to as the ``Program''). The Secretary
    shall designate a director of the Program who shall be
    responsible for carrying out the duties specified in
    subsections (b) and (c).
    ---------------------------------------------------------------------------
        \2\ 7 U.S.C. 6701.
    ---------------------------------------------------------------------------
        (b) General Duties.--The Director shall--
              (1) coordinate policy analysis, long range planning,
            research, and response strategies relating to climate
            change issues;
              (2) provide liaison with other Federal agencies,
            through the Office of Science and Technology Policy,
            regarding issues of climate change;
              (3) inform the Department of scientific developments
            and policy issues relating to the effects of climate
            change on agriculture and forestry, including broader
            issues that affect the impact of climate change on the
            farms and forests of the United States;
              (4) recommend to the Secretary alternative courses of
            action with which to respond to such scientific
            developments and policy issues; and
              (5) ensure that recognition of the potential for
            climate change is fully integrated into the research,
            planning, and decisionmaking processes of the
            Department.
        (c) Specific Responsibilities.--The Director shall--
              (1) coordinate the global climate change studies
            required by section 2403;
              (2) provide, through such other agencies as the
            Secretary determines appropriate, competitive grants
            for research in climatology relating to the potential
            impact of climate change on agriculture;
              (3) coordinate the participation of the Department in
            interagency climate-related activities;
              (4) consult with the National Academy of Sciences and
            private, academic, State, and local groups with respect
            to climate research and related activities;
              (5) represent the Department to the Office of Science
            and Technology Policy and coordinate the activities of
            the Department in response to requirements of this
            title;
              (6) represent the Department on the Intergovernmental
            Panel on Climate Change;
              (7) review all Department budget items relating to
            climate change issues, including specifically the
            research budget to be submitted by the Secretary to the
            Office of Science and Technology Policy and the Office
            of Management and Budget.

    SEC. 2403.\3\ STUDY OF GLOBAL CLIMATE CHANGE, AGRICULTURE, AND
                        FORESTRY.

        (a) Crops.--
    ---------------------------------------------------------------------------
        \3\ 7 U.S.C. 6702.
    ---------------------------------------------------------------------------
              (1) In general.--The Secretary shall study the
            effects of global climate change on agriculture and
            forestry. The study shall, at a minimum address--
                      (A) the effects of simultaneous increases in
                    temperature and carbon dioxide on crops of
                    economic significance;
                      (B) the effects of more frequent or more
                    severe weather events on such crops;
                      (C) the effects of potential changes in
                    hydrologic regimes on current crops yields;
                      (D) the economic effects of widespread and
                    increased drought frequency in the south,
                    midwest, and plains States; and
                      (E) changes in pest problems due to higher
                    temperatures.
              (2) Further studies.--If the results of the study
            conducted under paragraph (1) warrant, the Secretary
            shall conduct further studies that address the means of
            mitigating the effects of global climate change on
            crops of economic significance that shall, at a
            minimum--
                      (A) identify whether climate change tolerance
                    can be bred into these crops, the amount of
                    time necessary for any such breeding, and the
                    effects on the income of farmers;
                      (B) evaluate existing genetic resource and
                    breeding programs for crops for their ability
                    to develop new varieties that can tolerate
                    potential climate changes; and
                      (C) assess the potential for the development
                    of crop varieties that are tolerant to climate
                    changes and other environmental stresses, such
                    as drought, pests, and salinity.
        (b) Forests.--The Secretary shall conduct a study on the
    emissions of methane, nitrous oxide, and hydrocarbons from
    tropical and temperate forests, the manner in which such
    emissions may affect global climate change; the manner in which
    global climate change may affect such emissions; and the manner
    in which such emissions may be reduced through management
    practices. The study shall, at a minimum--
              (1) obtain measurements of nitrous oxide, methane,
            and nonmethane hydrocarbons from tropical and temperate
            forests;
              (2) determine the manner in which the nitrous oxide,
            methane, and nonmethane hydrocarbon emissions from
            temperate and tropical forest systems will respond due
            to climate change; and
              (3) identify and address alternative management
            strategies for temperate and tropical forests that may
            mitigate any negative effects of global climate change.
        (c) Reports.--The Secretary shall submit reports of the
    studies conducted under subsections (a) and (b) within 3 and 6
    years, respectively, after the date of enactment of this Act to
    the Committee on Agriculture and the Committee on Science,
    Space, and Technology \4\ of the House of Representatives, and
    the Committee on Agriculture, Nutrition, and Forestry of the
    Senate. In addition, interim reports regarding such studies
    shall be provided by the Secretary to such Committees annually,
    with recommendations for actions which may be taken to mitigate
    the negative effects of global climate change and to adapt to
    global climate changes and related phenomenon.
    ---------------------------------------------------------------------------
        \4\ Sec. 1(a)(10) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Science, Space, and Technology of
    the House of Representatives shall be treated as referring to the
    Committee on Science of the House of Representatives.
    ---------------------------------------------------------------------------

    SEC. 2404.\5\ * * * [REPEALED--1996]

    SEC. 2405.\6\ OFFICE OF INTERNATIONAL FORESTRY.

        (a) Establishment.--The Secretary, acting through the Chief
    of the Forest Service, shall establish an Office of
    International Forestry within the Forest Service within six
    months after the date of enactment of this Act.
    ---------------------------------------------------------------------------
        \5\ Formerly at 7 U.S.C. 6703. Sec. 868 of Public Law 104-127 (110
    Stat. 1175) repealed sec. 2404, which had established a technical
    advisory committee to provide advice to the Secretary of Agriculture
    concerning the major study areas required under title XXIV of this Act.
        \6\ 7 U.S.C. 6704.
    ---------------------------------------------------------------------------
        (b) Deputy Chief Designation.--The Chief shall appoint a
    Deputy Chief for International forestry.
        (c) Duties.--The Deputy Chief shall--
              (1) be responsible for the international forestry
            activities of the Forest Service;
              (2) coordinate the activities of the Forest Service
            in implementing the provisions of this title; and
              (3) serve as Forest Service liaison to the director
            for the program established pursuant to section 2402.
        (d) \7\ Authorization of Appropriations.--There are
    authorized to be appropriate for each of fiscal years 1996
    through 2007 \8\ such sums as are necessary to carry out this
    section.
    ---------------------------------------------------------------------------
        \7\ Sec. 371 of Public Law 104-127 (110 Stat. 1015) added subsec.
    (d).
        \8\ Sec. 8103 of Public Law 107-171 (116 Stat. 475) struck out
    ``2002'' and inserted in lieu thereof ``2007''.
    ---------------------------------------------------------------------------

    SEC. 2406.\9\ LINE ITEM.

        The President's proposed budget to Congress for the first
    fiscal year beginning after the date of enactment of this Act
    and for each subsequent fiscal year shall specifically identify
    funds to be spent on Forest Service international cooperation
    and assistance.
    ---------------------------------------------------------------------------
        \9\ 7 U.S.C. 6705.
    ---------------------------------------------------------------------------

    SEC. 2407.\10\ INSTITUTES OF TROPICAL FORESTRY.

        The Secretary is authorized and directed to establish an
    Institute of Tropical Forestry in Puerto Rico and the Institute
    of Pacific Islands Forestry (hereafter in this section referred
    to as the ``Institutes''). The Institutes shall conduct
    research on forest management and natural resources that shall
    include--
    ---------------------------------------------------------------------------
        \10\ 7 U.S.C. 6706.
    ---------------------------------------------------------------------------
              (1) management and development of tropical forests;
              (2) the relationship between climate change and
            tropical forests;
              (3) threatened and endangered species;
              (4) recreation and tourism;
              (5) development of tropical forest resources on a
            sustained yield basis;
              (6) techniques to monitor the health and productivity
            of tropical forests;
              (7) tropical forest regeneration and restoration; and
              (8) the effects of tropical deforestation on
            biodiversity, global climate, wildlife, soils, and
            water.

    SEC. 2408.\11\ THE FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING
                        ACT OF 1974. * * *
    ---------------------------------------------------------------------------

        \11\ Sec. 2408 amended the Forest and Rangeland Renewable Resources
    Planning Act of 1974 at 16 U.S.C. 1601(a) and 1602.
    ---------------------------------------------------------------------------

    SEC. 2409.\12\ URBAN FORESTRY DEMONSTRATION PROJECTS.

        The Secretary is authorized to undertake, through the
    Forest Service's Northeastern Area State and Private Forestry
    program, a study and pilot implementation project to
    demonstrate the benefits of retaining and integrating forests
    in urban development. The focus of such a study and
    implementation project should be to protect the environment and
    associated natural resource values, for current and future
    generations.
    ---------------------------------------------------------------------------
        \12\ 7 U.S.C. 6707.
    ---------------------------------------------------------------------------

    SEC. 2410.\13\ BIOMASS ENERGY DEMONSTRATION PROJECTS.

        The Secretary, in consultation with the Secretary of
    Energy, may carry out projects that demonstrate the potential
    of short-rotation silvicultural methods to produce wood for
    electricity production and industrial energy needs, In carrying
    out such projects, the Secretary shall cooperate with private
    industries, Federal and State agencies, and other
    organizations.
    ---------------------------------------------------------------------------
        \13\ 7 U.S.C. 6708.
    ---------------------------------------------------------------------------

    SEC. 2411.\14\ INTERAGENCY COOPERATION TO MAXIMIZE BIOMASS GROWTH.

        The Secretary may enter into an agreement with the
    Secretary of Defense to--
    ---------------------------------------------------------------------------
        \14\ 7 U.S.C. 6709.
    ---------------------------------------------------------------------------
              (1) conduct a study of reforestation and improved
            management of Department of Defense military
            installations and lands; and
              (2) develop a program to manage such forest and lands
            so as to maximize their potential for biomass growth
            and sequestering carbon dioxide.

    SEC. 2412.\15\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated such sums as may be
    necessary for each of the fiscal years 1991 through 1997,\16\
    to carry out this title.
    ---------------------------------------------------------------------------
        \15\ 7 U.S.C. 6710.
        \16\ Sec. 843 of Public Law 104-127 (110 Stat. 1170) struck out
    ``1996'' and inserted in lieu thereof ``1997''.
                     h. Global Change Research Act of 1990

    Partial text of Public Law 101-606 [Global Change Research Act of 1990;
              S. 169], 104 Stat. 3096, approved November 16, 1990

    AN ACT To require the establishment of a United States Global Research
        Program aimed at understanding and responding to global change,
       including the cumulative effects of human activities and natural
          processes on the environment, to promote discussions toward
       international protocols in global change research, and for other
                                   purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Global Change Research Act
    of 1990''.
    ---------------------------------------------------------------------------
        \1\ 15 U.S.C. 2921 note.
    ---------------------------------------------------------------------------

    SEC. 2.\2\ DEFINITIONS.

        As used in this Act, the term--
    ---------------------------------------------------------------------------
        \2\ 15 U.S.C. 2921.
    ---------------------------------------------------------------------------
              (1) ``Committee'' means the Committee on Earth and
            Environmental Sciences established under section 102;
              (2) ``Council'' means the Federal Coordinating
            Council on Science, Engineering, and Technology;
              (3) ``global change'' means changes in the global
            environment (including alterations in climate, land
            productivity, oceans or Other water resources,
            atmospheric chemistry, and ecological systems) that may
            alter the capacity of the Earth to sustain life;
              (4) ``global change research'' means study,
            monitoring, assessment, prediction, and information
            management activities to describe and understand--
                      (A) the interactive physical, chemical, and
                    biological processes that regulate the total
                    Earth system;
                      (B) the unique environment that the Earth
                    provides for life;
                      (C) changes that are occurring in the Earth
                    system; and
                      (D) the manner in which such system,
                    environment, and changes are influenced by
                    human actions;
              (5) ``Plan'' means the National Global Change
            Research Plan developed under section 104, or any
            revision thereof; and
              (6) ``Program'' means the United States Global Change
            Research Program established under section 103.

             TITLE I--UNITED STATES GLOBAL CHANGE RESEARCH PROGRAM

    SEC. 101.\3\ FINDINGS AND PURPOSE.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \3\ 15 U.S.C. 2931.
    ---------------------------------------------------------------------------
              (1) Industrial, agricultural, and other human
            activities, coupled with an expanding world population,
            are contributing to processes of global change that may
            significantly alter the Earth habitat within a few
            human generations.
              (2) Such human-induced changes, in conjunction with
            natural fluctuations, may lead to significant global
            warming and thus alter world climate patterns and
            increase global sea levels. Over the next century,
            these consequences could adversely affect world
            agricultural and marine production, coastal
            habitability, biological diversity, human health, and
            global economic and social well-being.
              (3) The release of chlorofluorocarbons and other
            stratospheric ozone-depleting substances is rapidly
            reducing the ability of the atmosphere to screen out
            harmful ultraviolet radiation, which could adversely
            affect human health and ecological systems.
              (4) Development of effective policies to abate,
            mitigate, and cope with global change will rely on
            greatly improved scientific understanding of global
            environmental processes and on our ability to
            distinguish human-induced from natural global change.
              (5) New developments in interdisciplinary Earth
            sciences, global observing systems, and computing
            technology make possible significant advances in the
            scientific understanding and prediction of these global
            changes and their effects.
              (6) Although significant Federal global change
            research efforts are underway, an effective Federal
            research program will require efficient interagency
            coordination, and coordination with the research
            activities of State, private, and international
            entities.
        (b) Purpose.--The purpose of this title is to provide for
    development and coordination of a comprehensive and integrated
    United States research program which will assist the Nation and
    the world to understand, assess, predict, and respond to human-
    induced and natural processes of global change.

    SEC. 102.\4\ COMMITTEE ON EARTH AND ENVIRONMENTAL SCIENCES.

        (a) Establishment.--The President, through the Council,
    shall establish a Committee on Earth and Environmental
    Sciences. The Committee shall carry out Council functions under
    section 401 of the National Science and Technology Policy,
    Organization, and Priorities Act of 1976 (42 U.S.C. 6651)
    relating to global change research, for the purpose of
    increasing the overall effectiveness and productivity of
    Federal global change research efforts.
    ---------------------------------------------------------------------------
        \4\ 15 U.S.C. 2932.
    ---------------------------------------------------------------------------
        (b) Membership.--The Committee shall consist of at least
    one representative from--
              (1) the National Science Foundation;
              (2) the National Aeronautics and Space
            Administration;
              (3) the National Oceanic and Atmospheric
            Administration of the Department of Commerce;
              (4) the Environmental Protection Agency;
              (5) the Department of Energy;
              (6) the Department of State;
              (7) the Department of Defense;
              (8) the Department of the Interior;
              (9) the Department of Agriculture;
              (10) the Department of Transportation;
              (11) the Office of Management and Budget;
              (12) the Office of Science and Technology Policy;
              (13) the Council on Environmental Quality;
              (14) the National Institute of Environmental Health
            Sciences of the National Institutes of Health; and
              (15) such other agencies and departments of the
            United States as the President or the Chairman of the
            Council considers appropriate.
    Such representatives shall be high ranking officials of their
    agency or department, wherever possible the head of the portion
    of that agency or department that is most relevant to the
    purpose of the title described in section 101(b).
        (c) Chairperson.--The Chairman of the Council, in
    consultation with the Committee, biennially shall select one of
    the Committee members to serve as Chairperson. The Chairperson
    shall be knowledgeable and experienced with regard to the
    administration of scientific research programs, and shall be a
    representative of an agency that contributes substantially, in
    terms of scientific research capability and budget, to the
    Program.
        (d) Support Personnel.--An Executive Secretary shall be
    appointed by the Chairperson of the Committee, with the
    approval of the Committee. The Executive Secretary shall be a
    permanent employee of one of the agencies or departments
    represented on the Committee, and shall remain in the employ of
    such agency or department. The Chairman of the Council shall
    have the authority to make personnel decisions regarding any
    employees detailed to the Council for purposes of working on
    business of the Committee pursuant to section 401 of the
    National Science and Technology Policy, Organization, and
    Priorities Act of 1976 (42 U.S.C. 6651).
        (e) Functions Relative to Global Change.--The Council,
    through the Committee, shall be responsible for planning and
    coordinating the Program. In carrying out this responsibility,
    the Committee shall--
              (1) serve as the forum for developing the Plan and
            for overseeing its implementation;
              (2) improve cooperation among Federal agencies and
            departments with respect to global change research
            activities;
              (3) provide budgetary advice as specified in section
            105;
              (4) work with academic, State, industry, and other
            groups conducting global change research, to provide
            for periodic public and peer review of the Program;
              (5) cooperate with the Secretary of State in--
                      (A) providing representation at international
                    meetings and conferences on global change
                    research in which the United States
                    participates; and
                      (B) coordinating the Federal activities of
                    the United States with programs of other
                    nations and with international global change
                    research activities such as the International
                    Geosphere-Biosphere Program;
              (6) consult with actual and potential users of the
            results of the Program to ensure that such results are
            useful in developing national and international policy
            responses to global change; and
              (7) report at least annually to the President and the
            Congress, through the Chairman of the Council, on
            Federal global change research priorities, policies,
            and programs.

    SEC. 103.\5\ UNITED STATES GLOBAL CHANGE RESEARCH PROGRAM.

        The President shall establish an interagency United States
    Global Change Research Program to improve understanding of
    global change. The Program shall be implemented by the Plan
    developed under section 104.
    ---------------------------------------------------------------------------
        \5\ 15 U.S.C. 2933.
    ---------------------------------------------------------------------------

    SEC. 104.\6\ NATIONAL GLOBAL CHANGE RESEARCH PLAN.

        (a) In General.--The Chairman of the Council, through the
    Committee, shall develop a National Global Change Research Plan
    for implementation of the Program. The Plan shall contain
    recommendations for national global change research. The
    Chairman of the Council shall submit the Plan to the Congress
    within one year after the date of enactment of this title, and
    a revised Plan shall be submitted at least once every three
    years thereafter.
    ---------------------------------------------------------------------------
        \6\ 15 U.S.C. 2934.
    ---------------------------------------------------------------------------
        (b) Contents of the Plan.--The Plan shall--
              (1) establish, for the 10-year period beginning in
            the year the Plan is submitted, the goals and
            priorities for Federal global change research which
            most effectively advance scientific understanding of
            global change and provide usable information on which
            to base policy decisions relating to global change;
              (2) describe specific activities, including research
            activities, data collection and data analysis
            requirements, predictive modeling, participation in
            international research efforts, and information
            management, required to achieve such goals and
            priorities;
              (3) identify and address, as appropriate, relevant
            programs and activities of the Federal agencies and
            departments represented on the Committee that
            contribute to the Program;
              (4) set forth the role of each Federal agency and
            department in implementing the Plan;
              (5) consider and utilize, as appropriate, reports and
            studies conducted by Federal agencies and departments,
            the National Research Council, or other entities;
              (6) make recommendations for the coordination of the
            global change research activities of the United States
            with such activities of other nations and international
            organizations, including--
                      (A) a description of the extent and nature of
                    necessary international cooperation;
                      (B) the development by the Committee, in
                    consultation when appropriate with the National
                    Space Council, of proposals for cooperation on
                    major capital projects;
                      (C) bilateral and multilateral proposals for
                    improving worldwide access to scientific data
                    and information; and
                      (D) methods for improving participation in
                    international global change research by
                    developing nations; and
              (7) estimate, to the extent practicable, Federal
            funding for global change research activities to be
            conducted under the Plan.
        (c) Research Elements.--The Plan shall provide for, but not
    be limited to, the following research elements:
              (1) Global measurements, establishing worldwide
            observations necessary to understand the physical,
            chemical, and biological processes responsible for
            changes in the Earth system on all relevant spatial and
            time scales.
              (2) Documentation of global change, including the
            development of mechanisms for recording changes that
            will actually occur in the Earth system over the coming
            decades.
              (3) Studies of earlier changes in the Earth system,
            using evidence from the geological and fossil record.
              (4) Predictions, using quantitative models of the
            Earth system to identify and simulate global
            environmental processes and trends, and the regional
            implications of such processes and trends.
              (5) Focused research initiatives to understand the
            nature of and interaction among physical, chemical,
            biological, and social processes related to global
            change.
        (d) Information Management.--The Plan shall provide
    recommendations for collaboration within the Federal Government
    and among nations to--
              (1) establish, develop, and maintain information
            bases, including necessary management systems which
            will promote consistent, efficient, and compatible
            transfer and use of data;
              (2) create globally accessible formats for data
            collected by various international sources; and
              (3) combine and interpret data from various sources
            to produce information readily usable by policymakers
            attempting to formulate effective strategies for
            preventing, mitigating, and adapting to the effects of
            global change.
        (e) National Research Council Evaluation.--The Chairman of
    the Council shall enter into an agreement with the National
    Research Council under which the National Research Council
    shall--
              (1) evaluate the scientific content of the Plan; and
              (2) provide information and advice obtained from
            United States and international sources, and
            recommended priorities for future global change
            research.
        (f) Public Participation.--In developing the Plan, the
    Committee shall consult with academic, State, industry, and
    environmental groups and representatives. Not later than 90
    days before the Chairman of the Council submits the Plan, or
    any revision thereof, to the Congress, a summary of the
    proposed Plan shall be published in the Federal Register for a
    public comment period of not less than 60 days.

    SEC. 105.\7\ BUDGET COORDINATION.

        (a) Committee Guidance.--The Committee shall each year
    provide general guidance to each Federal agency or department
    participating in the Program with respect to the preparation of
    requests for appropriations for activities related to the
    Program.
    ---------------------------------------------------------------------------
        \7\ 15 U.S.C. 2935.
    ---------------------------------------------------------------------------
        (b) Submission of Reports With Agency Appropriations
    Requests.--(1) Working in conjunction with the Committee, each
    Federal agency or department involved in global change research
    shall include with its annual request for appropriations
    submitted to the President under section 1108 of title 31,
    United States Code, a report which--
              (A) identifies each element of the proposed global
            change research activities of the agency or department;
              (B) specifies whether each element (i) contributes
            directly to the Program or (ii) contributes indirectly
            but in important ways to the Program; and
              (C) states the portion of its request for
            appropriations allocated to each element of the
            Program.
        (2) Each agency or department that submits a report under
    paragraph (1) shall submit such report simultaneously to the
    Committee.
        (c) Consideration in President's Budget.--(1) The President
    shall, in a timely fashion, provide the Committee with an
    opportunity to review and comment on the budget estimate of
    each agency and department involved in global change research
    in the context of the Plan.
        (2) The President shall identify in each annual budget
    submitted to the Congress under section 1105 of title 31,
    United States Code, those items in each agency's or
    department's annual budget which are elements of the Program.

    SEC. 106.\8\ SCIENTIFIC ASSESSMENT.

        On a periodic basis (not less frequently than every 4
    years), the Council, through the Committee, shall prepare and
    submit to the President and the Congress an assessment which--
    ---------------------------------------------------------------------------
        \8\ 15 U.S.C. 2936.
    ---------------------------------------------------------------------------
              (1) integrates, evaluates, and interprets the
            findings of the Program and discusses the scientific
            uncertainties associated with such findings;
              (2) analyzes the effects of global change on the
            natural environment, agriculture, energy production and
            use, land and water resources, transportation, human
            health and welfare, human social systems, and
            biological diversity; and
              (3) analyzes current trends in global change, both
            human-inducted \9\ and natural, and projects major
            trends for the subsequent 25 to 100 years.
    ---------------------------------------------------------------------------
        \9\ So in original. Probably should read ``human-induced''.
    ---------------------------------------------------------------------------

    SEC. 107.\10\ ANNUAL REPORT.

        (a) General.--Each year at the time of submission to the
    Congress of the President's budget, the Chairman of the Council
    shall submit to the Congress a report on the activities
    conducted by the Committee pursuant to this title, including--
    ---------------------------------------------------------------------------
        \10\ 15 U.S.C. 2937. This reporting requirement terminated as of
    May 15, 2000, pursuant to sec. 3003 of Public Law 104-66 (109 Stat.
    734).
    ---------------------------------------------------------------------------
              (1) a summary of the achievements of the Program
            during the period covered by the report and of
            priorities for future global change research;
              (2) an analysis of the progress made toward achieving
            the goals of the Plan;
              (3) expenditures required by each agency or
            department for carrying out its portion of the Program,
            including--
                      (A) the amounts spent during the fiscal year
                    most recently ended;
                      (B) the amounts expected to be spent during
                    the current fiscal year; and
                      (C) the amounts requested for the fiscal year
                    for which the budget is being submitted.
        (b) Recommendations.--The report required by subsection (b)
    shall include recommendations by the President concerning--
              (1) changes in agency or department roles needed to
            improve implementation of the Plan; and
              (2) additional legislation which may be required to
            achieve the purposes of this title.

    SEC. 108.\11\ RELATION TO OTHER AUTHORITIES.

        (a) National Climate Program Research Activities.--The
    President, the Chairman of the Council, and the Secretary of
    Commerce shall ensure that relevant research activities of the
    National Climate Program, established by the National Climate
    Program Act (15 U.S.C. 2901 et seq.), are considered in
    developing national global change research efforts.
    ---------------------------------------------------------------------------
        \11\ 15 U.S.C. 2938.
    ---------------------------------------------------------------------------
        (b) Availability of Research Findings.--The President, the
    Chairman of the Council, and the heads of the agencies and
    departments represented on the Committee, shall ensure that the
    research findings of the Committee, and of Federal agencies and
    departments, are available to--
              (1) the Environmental Protection Agency for use in
            the formulation of a coordinated national policy on
            global climate change pursuant to section 1103 of the
            Global Climate Protection Act of 1987 (15 U.S.C. 2901
            note); and
              (2) all Federal agencies and departments for use in
            the formulation of coordinated national policies for
            responding to human-induced and natural processes of
            global change pursuant to other statutory
            responsibilities and obligations.
        (c) Effect on Federal Response Actions.--Nothing in this
    title shall be construed, interpreted, or applied to preclude
    or delay the planning or implementation of any Federal action
    designed, in whole or in part, to address the threats of
    stratospheric ozone depletion or global climate change.

       TITLE II--INTERNATIONAL COOPERATION IN GLOBAL CHANGE RESEARCH \12\

              * * * * * * *
    ---------------------------------------------------------------------------
        \12\ For title II, the International Cooperation in Global Change
    Research Act of 1990, see page 572.
    ---------------------------------------------------------------------------

                      TITLE III--GROWTH DECISION AID \13\

              * * * * * * *
    ---------------------------------------------------------------------------
        \13\ Title III commissioned a U.S. study on the ``implications and
    potential consequences of growth and development on urban, suburban,
    and rural communities'', to be conducted by the Secretary of Commerce.
    For text, see 15 U.S.C. 2961 (104 Stat. 3104).
             i. Clean Air Act Amendments--International Provisions

     Partial text of Public Law 101-549 [Clean Air Act Amendments of 1990;
              S. 1630], 104 Stat. 2399, approved November 15, 1990

        AN ACT To amend the Clean Air Act to provide for attainment and
         maintenance of health protective national ambient air quality
                       standards, and for other purposes.

              * * * * * * *

                       TITLE IV--ACID DEPOSITION CONTROL

              * * * * * * *

    SEC. 408.\1\ MONITOR ACID RAIN PROGRAM IN CANADA.

        (a) Reports to Congress.--The Administrator of the
    Environmental Protection Agency, in consultation with the
    Secretary of State, the Secretary of Energy, and other persons
    the Administrator deems appropriate, shall prepare and submit a
    report to Congress on January 1, 1994, January 1, 1999, and
    January 1, 2005.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 7651 note.
    ---------------------------------------------------------------------------
        (b) Contents.--The report to Congress shall analyze the
    current emission levels of sulfur dioxide and nitrogen oxides
    in each of the provinces participating in Canada's acid rain
    control program the amount of emission reductions of sulfur
    dioxide and oxides of nitrogen achieved by each province, the
    methods utilized by each province in making those reductions,
    the costs to each province and the employment impacts in each
    province of making and maintaining those reductions.
        (c) Compliance.--Beginning on January 1, 1999, the reports
    shall also assess the degree to which each province is
    complying with its stated emissions cap.

    SEC. 409. REPORT ON CLEAN COAL TECHNOLOGIES.

        The Secretary of Energy in consultation with the Secretary
    of Commerce shall provide a report to the Congress within one
    year of enactment of this legislation which will identify,
    inventory and analyze clean coal technologies export programs
    within United States Government agencies including the
    Departments of Commerce and Energy and at the Export-Import
    Bank and the Overseas Private Investment Corporation. The study
    shall address the effectiveness of interagency coordination of
    export promotion and determine the feasibility of establishing
    an interagency commission for the purpose of promoting the
    export and use of clean coal technologies.
              * * * * * * *

                    TITLE VI--STRATOSPHERIC OZONE PROTECTION

              * * * * * * *

    SEC. 602. STRATOSPHERIC OZONE PROTECTION.

        (a) New Title VI.--The Clean Air Act is amended by adding
    the following new title after title V:

                   ``TITLE VI--STRATOSPHERIC OZONE PROTECTION

              * * * * * * *

    ``SEC. 617.\2\ INTERNATIONAL COOPERATION.
    ---------------------------------------------------------------------------

        \2\ 42 U.S.C. 7671p.
    ---------------------------------------------------------------------------
        ``(a) In General.--The President shall undertake to enter
    into international agreements to foster cooperative research
    which complements studies and research authorized by this
    title, and to develop standards and regulations which protect
    the stratosphere consistent with regulations applicable within
    the United States. For these purposes the President through the
    Secretary of State and the Assistant Secretary of State for
    Oceans and International Environmental and Scientific Affairs,
    shall negotiate multilateral treaties, conventions,
    resolutions, or other agreements, and formulate, present, or
    support proposals at the United Nations and other appropriate
    international forums and shall report to the Congress
    periodically on efforts to arrive at such agreements.
        ``(b) Assistance to Developing Countries.--The
    Administrator in consultation with the Secretary of State,
    shall support global participation in the Montreal Protocol by
    providing technical and financial assistance to developing
    countries that are Parties to the Montreal Protocol and
    operating under article 5 of the Protocol. There are authorized
    to be appropriated not more than $30,000,000 to carry out this
    section in fiscal years 1991, 1992 and 1993 and such sums as
    may be necessary in fiscal years 1994 and 1995. If China and
    India become Parties to the Montreal Protocol, there are
    authorized to be appropriated not more than an additional
    $30,000,000 to carry out this section in fiscal years 1991,
    1992, and 1993.''.
              * * * * * * *

                      TITLE VIII--MISCELLANEOUS PROVISIONS

              * * * * * * *

    SEC. 811.\3\ EQUIVALENT AIR QUALITY CONTROLS AMONG TRADING NATIONS.

        (a) Findings.--The Congress finds that--
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 7612 note.
    ---------------------------------------------------------------------------
              (1) all nations have the responsibility to adopt and
            enforce effective air quality standards and
            requirements and the United Stats, in enacting this
            Act, is carrying out is responsibility in this regard;
              (2) as a result of complying with this Act,
            businesses in the United States will make significant
            capital investments and incur incremental costs in
            implementing control technology standards;
              (3) such compliance may impair the competitiveness of
            certain United States jobs, production, processes, and
            products if foreign goods are produced under less
            costly environmental standards and requirements than
            are United States goods; and
              (4) mechanisms should be sought through which the
            United States and its trading partners can agree to
            eliminate or reduce competitive disadvantages.
        (b) Action by the President.--
              (1) In general.--Within 18 months after the date of
            the enactment of the Clean Air Act Amendments of 1990,
            the President shall submit to the Congress a report--
                      (A) identifying and evaluating the economic
                    effects of--
                              (i) the significant air quality
                            standards and controls required under
                            this Act, and
                              (ii) the differences between the
                            significant standards and controls
                            required under this Act and similar
                            standards and controls adopted and
                            enforced by the major trading partners
                            of the United States,
                    on the international competitiveness of United
                    Stats manufacturers; and
                      (B) containing a strategy for addressing such
                    economic effects through trade consultations
                    and negotiations.
              (2) Additional reporting requirements.--(A) The
            evaluation required under paragraph (1)(A) shall
            examine the extent to which the significant air quality
            standards and controls required under this Act are
            comparable to existing internationally-agreed norms.
              (B) The strategy required to be developed under
            paragraph (1)(B) shall include recommended options
            (such as the harmonization of standards and trade
            adjustment measures) for reducing or eliminating
            competitive disadvantages caused by differences in
            standards and controls between the United States and
            each of its major trading partners.
              (3) Public comment.--Interested parties shall be
            given an opportunity to submit comments regarding the
            evaluations and strategy required in the report under
            paragraph (1). The President shall take any such
            comment unto account in preparing the report.
              (4) Interim report.--Within 9 months after the date
            of the enactment of the Clean Air Act Amendments of
            1990, the President shall submit to the Congress an
            interim report on the progress being made in complying
            with paragraph (1).
              * * * * * * *

    SEC. 815.\4\ ESTABLISHMENT OF PROGRAM TO MONITOR AND IMPROVE AIR
                        QUALITY IN REGIONS ALONG THE BORDER BETWEEN THE
                        UNITED STATES AND MEXICO.

        (a) In General.--The Administrator of the Environmental
    Protection Agency (hereinafter referred to as the
    ``Administrator'') is authorized, in cooperation with the
    Department of State and the affected States, to negotiate with
    representatives of Mexico to authorize a program to monitor and
    improve air quality in regions along the border between the
    United States and Mexico. The program established under this
    section shall not extend beyond July 1, 1995.
    ---------------------------------------------------------------------------
        \4\ 42 U.S.C. 7509a note.
    ---------------------------------------------------------------------------
        (b) Monitoring and Remediation.--
              (1) Monitoring.--The monitoring component of the
            program conducted under this section shall identify and
            determine sources of pollutants for which national
            ambient air quality standards (hereinafter referred to
            as ``NAAQS'') and other air quality goals have been
            established in regions along the border between the
            United States and Mexico. any such monitoring component
            of the program shall include, but not be limited to,
            the collection of meteorological data, the measurement
            of air quality, the compilation of an emissions
            inventory, and shall be sufficient to the extent
            necessary to successfully support the use of a state-
            of-the-art mathematical air modeling analysis. Any such
            monitoring component of the program shall collect and
            produce data projecting the level of emission
            reductions necessary in both Mexico and the United
            States to bring about attainment of both primary and
            secondary NAAQS, and other air quality goals in regions
            along the border in the United States. any such
            monitoring component of the program shall include to
            the extent possible, data from monitoring programs
            undertaken by other parties.
              (2) Remediation.--The Administrator is authorized to
            negotiate with appropriate representatives of Mexico to
            develop joint remediation measures to reduce the level
            of airborne pollutants to achieve and maintain primary
            and secondary NAAQS, and other air quality goals, in
            regions along the border between the United States and
            Mexico. Such joint remediation measures may include,
            but not be limited to measures included in the
            Environmental Protection Agency's Control Techniques
            and Control Technology documents. Any such remediation
            program shall also identify those control measures
            implementation of which in Mexico would be expedited by
            the use of material and financial assistance of the
            United States.
        (c) Annual Reports.--The Administrator shall, each year the
    program authorized in this section is in operation, report to
    Congress on the progress of the program in bringing
    nonattainment areas along the border of the United States into
    attainment with primary and secondary NAAQS. The report issued
    by the Administrator under this paragraph shall include
    recommendations on funding mechanisms to assist in
    implementation of monitoring and remediation efforts.
        (d) Funding and Personnel.--The Administrator may, where
    appropriate, make available, subject to the appropriations,
    such funds, personnel, and equipment as may be necessary to
    implement the provisions of this section. In those cases where
    direct financial assistance of the United States is provided to
    implement monitoring and remediation programs in Mexico, the
    Administrator shall develop grant agreements with appropriate
    representatives of Mexico to assure the accuracy and
    completeness of monitoring data and the performance of
    remediation measures which are financed by the United States.
    With respect to any control measures within Mexico funded by
    the United States, the Administrator shall, to the maximum
    extent practicable, utilize resources of Mexico where such
    utilization would reduce costs to the United States. Such
    funding agreements shall include authorization for the
    Administrator to--
              (1) review and agree to plans for monitoring and
            remediation;
              (2) inspect premises, equipment and records to insure
            compliance with the agreements established under and
            the purposes set forth in this section; and
              (3) where necessary, develop grant agreements with
            affected States to carry out the provisions of this
            section.
              * * * * * * *
        j. Forest Resources Conservation and Shortage Relief Act of 1990

     Partial text of title IV of Public Law 101-382 [Customs and Trade Act
    of 1990; H.R. 1594], 104 Stat. 629 at 714, approved August 20, 1990; as
        amended by Public Law 103-45 [Forest Resources Conservation and
      Shortage Relief Amendments Act of 1993; H.R. 2343], 107 Stat. 223,
     approved July 1, 1993; and Public Law 106-36 [Miscellaneous Trade and
     Technical Corrections Act of 1999; H.R. 435], 113 Stat. 127, approved
                                 June 25, 1999

      AN ACT To make miscellaneous and technical changes to various trade
                                     laws.

              * * * * * * *

                    TITLE IV--EXPORTS OF UNPROCESSED TIMBER

    SEC. 487.\1\ SHORT TITLE.

        This title may be cited as the ``Forest Resources
    Conservation and Shortage Relief Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 620 note.
    ---------------------------------------------------------------------------

    SEC. 488.\2\ FINDINGS AND PURPOSES.

        (a) Findings.--The Congress makes the following findings:
    ---------------------------------------------------------------------------
        \2\ 16 U.S.C. 620.
    ---------------------------------------------------------------------------
              (1) Timber is essential to the United States.
              (2) Forests, forest resources, and the forest
            environment are exhaustible natural resources that
            require efficient and effective conservation efforts.
              (3) In the interest of conserving those resources,
            the United States has set aside millions of acres of
            otherwise harvestable timberlands in the western United
            States, representing well over 100,000,000,000 board
            feet of otherwise harvestable timber.
              (4) In recent years, administrative, statutory, or
            judicial action had been taken to set aside an
            increased amount of otherwise harvestable timberlands
            for conservation purposes.
              (5) In the next few months and years, additional
            amounts of otherwise harvestable timberlands may be set
            aside for conservation purposes, pursuant to the
            Endangered Species Act of 1973, the National Forest
            Management Act of 1976, or other expected statutory,
            administrative, and judicial actions.
              (6) There is evidence there is a shortfall in the
            supply of unprocessed timber in the western United
            States.
              (7) There is reason to believe that any shortfall
            which may already exist may worsen unless action is
            taken,
              (8) In conjunction with the broad conservation
            actions expected in the next few months and years,
            conservation action is necessary with respect to
            exports of unprocessed timber.
        (b) Purposes.--The purposes of this title are--
              (1) to promote the conservation of forest resources
            in conjunction with State and Federal resources
            management plans, and other actions or decisions,
            affecting the use of forest resources.
              (2) to take action essential for the acquisition and
            distribution of forest resources or products in short
            supply in the western United States;
              (3) to take action necessary, to meet the goals of
            Article XI 2.(a) of the GATT 1994 (as defined in
            section 3501(1)(B) of title 19),\3\ to ensure
            sufficient supplies of certain forest resources or
            products which are essential to the United States;
    ---------------------------------------------------------------------------
        \3\ Sec. 1002(a)(1)(A) of the Miscellaneous Trade and Technical
    Corrections Act of 1999 (Public Law 106-36; 113 Stat. 133) struck out
    ``General Agreement on Tariffs and Trade'' and inserted in lieu thereof
    ``GATT 1994 (as defined in section 3501(1)(B) of title 19)''.
    ---------------------------------------------------------------------------
              (4) to continue and refine the existing Federal
            policy of restricting the export of unprocessed timber
            harvested from Federal lands in the western United
            States; and
              (5) to effect measures aimed at meeting these
            objectives in conformity with the obligations of the
            United States under the WTO Agreement and the
            multilateral trade agreements (as such terms are
            defined in paragraphs (9) and (4), respectively, of
            section 3501 of title 19).\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 1002(a)(1)(B) of the Miscellaneous Trade and Technical
    Corrections Act of 1999 (Public Law 106-36; 113 Stat. 133) struck out
    ``General Agreement on Tariffs and Trade'' and inserted in lieu thereof
    ``WTO Agreement and the multilateral trade agreements (as such terms
    are defined in paragraphs (9) and (4), respectively, of section 3501 of
    title 19)''.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 491.\5\ RESTRICTION ON EXPORTS OF UNPROCESSED TIMBER FROM STATE
                        AND OTHER PUBLIC LANDS.
    ---------------------------------------------------------------------------

        \5\ 16 U.S.C. 620c. Sec. 2(3) of Public Law 103-45 (107 Stat. 224)
    redesignated subsecs. (e) through (j) of this section as subsecs. (g)
    through (l), respectively.
    ---------------------------------------------------------------------------
              * * * * * * *
        (f) \6\ Western Red Cedar.--Nothing in this section shall
    be construed to supersede section 7(i) of the Export
    Administration Act of 1979 (50 U.S.C. App. 2406(i)).
    ---------------------------------------------------------------------------
        \6\ Sec. 2(4) of Public Law 103-45 (107 Stat. 224) added subsec.
    (f).
    ---------------------------------------------------------------------------
        (g) \5\ Presidential Authority.--The President is
    authorized, after suitable notice and a public comment period
    of not less than 120 days, to suspend the provisions of this
    section if a panel of experts has reported to the Dispute
    Settlement Body of the World Trade Organization (as the term
    ``World Trade Organization'' is defined in section 2(8) of the
    Uruguay Round Agreements Act),\7\ or a ruling issued under the
    formal dispute settlement proceeding provided under any other
    trade agreement finds, that the provisions of this section are
    in violation of, or inconsistent with, United States
    obligations under that trade agreement.
    ---------------------------------------------------------------------------
        \7\ Sec. 1002(a)(2) of the Miscellaneous Trade and Technical
    Correction Acts of 1999 (Public Law 106-36; 113 Stat. 133) struck out
    ``Contracting Parties to the General Agreement on Tariffs and Trade''
    and inserted in lieu thereof ``Dispute Settlement Body of the World
    Trade Organization (as the term `World Trade Organization' is defined
    in section 2(8) of the Uruguay Round Agreements Act)''.
    ---------------------------------------------------------------------------
        (h) \5\ Removal or Modifications of State Restrictions.--
    Based upon a determination that it is in the national economic
    interest, the President may remove or modify any prohibition on
    exports from public lands in a State if that State petitions
    the President to remove or modify such prohibition.
              * * * * * * *
        (k) \5\ Suspension of Prohibitions.--Notwithstanding any
    other provision of this section, beginning on January 1, 1998,
    and annually thereafter, if the President finds, upon review of
    the purposes and implementation of this title, that the
    prohibitions on exports required by subsection (a) no longer
    promote the purposes of this title, then the President may
    suspend such prohibitions, except that such suspension shall
    not take effect until 90 days after the President notifies the
    Congress of such finding.
        (l) \5\ Existing Authority Not Affected.--Nothing in this
    title shall be construed to limit the authority of the
    President or the United States Trade Representative to take
    action authorized by law to respond appropriately to any
    measures taken by a foreign government in connection with this
    title.
              * * * * * * *

    SEC. 498.\8\ EASTERN HARDWOODS STUDY.

        (a) Study.--The Secretary of Commerce, in conjunction with
    the Secretary of Agriculture and the Secretary of the Interior,
    shall conduct a study of the export from the United States,
    during the 2-year period beginning on January 1, 1991, of
    unprocessed hardwood timber harvested from Federal lands or
    public lands east of the 100th meridian. In order to carry out
    the provisions of this section--
    ---------------------------------------------------------------------------
        \8\ 16 U.S.C. 620i.
    ---------------------------------------------------------------------------
              (1) the Secretary of Commerce shall require each
            person exporting such timber from the United States to
            declare, in addition to the information normally
            required in the Shipper's Export Declarations, the
            State in which the timber was grown and harvested; and
              (2) the Secretary of Agriculture and the Secretary of
            the Interior shall ensure that all hardwood saw timber
            harvested from Federal lands east of the 100th meridian
            is marked in such a manner as to make it readily
            identifiable at all times before its manufacture, and
            shall take such steps as each Secretary considers
            appropriate to ensure that such markings are not
            altered or destroyed before manufacturing.
        (b) Report to Congress.--Not later than April 1, 1993, the
    Secretary of Commerce shall submit to the Committees on
    Agriculture, Interior and Insular Affairs, and Foreign Affairs
    \9\ of the House of Representatives and the Committee on
    Banking, Housing, and Urban Affairs of the Senate a report
    describing the volume and value of unprocessed timber grown and
    harvested from Federal lands or public lands east of the 100th
    meridian that is exported from the United States during the 2-
    year period beginning on January 1, 1991, the country to which
    such timber is exported, and the State in which such timber was
    grown and harvested.
    ---------------------------------------------------------------------------
        \9\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------

    SEC. 499.\10\ AUTHORITY OF EXPORT ADMINISTRATION ACT OF 1979.

        Nothing in this title shall be construed to--
    ---------------------------------------------------------------------------
        \10\ 16 U.S.C. 620j.
    ---------------------------------------------------------------------------
              (1) prejudice the outcome of pending or prospective
            petitions filed under, or
              (2) warrant the exercise of the authority contained
            in, section 7 of the Export Administration Act of 1979
            with respect to the export of unprocessed timber.
              k. Pesticide Monitoring Improvements Act of 1988 \1\

     Partial text of Title IV of Public Law 100-418 [H.R. 4848], 102 Stat.
                     1107 at 1411, approved August 23, 1988

      AN ACT To enhance the competitiveness of American industry, and for
                                other purposes.

              * * * * * * *
    ---------------------------------------------------------------------------
        \1\ This Act may also be found in Legislation on Foreign Relations
    Through 2005, vol. I-B.
    ---------------------------------------------------------------------------

                 Subtitle G--Pesticide Monitoring Improvements

    SEC. 4701.\2\ SHORT TITLE.

      This subtitle may be cited as the ``Pesticide Monitoring
    Improvements Act of 1988''.
    ---------------------------------------------------------------------------
        \2\ 21 U.S.C. 1401 note.
    ---------------------------------------------------------------------------

    SEC. 4702. * * *

    SEC. 4703.\3\ FOREIGN PESTICIDE INFORMATION.

      (a) Cooperative Agreements.--The Secretary of Health and
    Human Services shall enter into cooperative agreements with the
    governments of the countries which are the major sources of
    food imports into the United States subject to pesticide
    residue monitoring by the Food and Drug Administration for the
    purpose of improving the ability of the Food and Drug
    Administration to assure compliance with the pesticide
    tolerance requirements of the Federal Food, Drug, and Cosmetic
    Act with regard to imported food.
    ---------------------------------------------------------------------------
        \3\ 21 U.S.C. 1402.
    ---------------------------------------------------------------------------
      (b) Information Activities.--
              (1) The cooperative agreements entered into under
            subsection (a) with governments of foreign countries
            shall specify the action to be taken by the parties to
            the agreements to accomplish the purpose described in
            subsection (a), including the means by which the
            governments of the foreign countries will provide to
            the Secretary of Health and Human Services current
            information identifying each of the pesticides used in
            the production, transportation, and storage of food
            products imported from production regions of such
            countries into the United States.
              (2) In the case of a foreign country with which the
            Secretary is unable to enter into an agreement under
            subsection (a) or for which the information provided
            under paragraph (1) is insufficient to assure an
            effective pesticide monitoring program, the Secretary
            shall, to the extent practicable, obtain the
            information described in paragraph (1) with respect to
            such country from other Federal or international
            agencies or private sources.
              (3) The Secretary of Health and Human Services shall
            assure that appropriate offices of the Food and Drug
            Administration which are engaged in the monitoring of
            imported food for pesticide residues receive the
            information obtained under paragraph (1) or (2).
              (4) The Secretary of Health and Human Services shall
            make available any information obtained under paragraph
            (1) or (2) to State agencies engaged in the monitoring
            of imported food for pesticide residues other than
            information obtained from private sources the
            disclosure of which to such agencies is restricted.
      (c) Coordination With Other Agencies.--The Secretary of
    Health and Human Services shall--
              (1) notify in writing the Department of Agriculture,
            the Environmental Protection Agency, and the Department
            of State at the initiation of negotiations with a
            foreign country to develop a cooperative agreement
            under subsection (a); and
              (2) coordinate the activities of the Department of
            Health and Human Services with the activities of those
            departments and agencies, as appropriate, during the
            course of such negotiations.
      (d) Report.--Not later than one year after the date of the
    enactment of this Act, the Secretary of Health and Human
    Services shall report to the Committee on Agriculture,
    Nutrition, and Forestry and the Committee on Labor and Human
    Resources of the Senate and the House of Representatives on the
    activities undertaken by the Secretary to implement this
    section. The report shall be made available to appropriate
    Federal and State agencies and to interested persons.
              * * * * * * *
                    l. Global Climate Protection Act of 1987

      Partial text of Public Law 100-204 [Foreign Relations Authorization
     Act, Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 1331 at 1407,
         approved December 22, 1987; as amended by Public Law 103-199
    [FRIENDSHIP Act; H.R. 3000], 107 Stat. 2317, approved December 17, 1993

     AN ACT To authorize appropriations for fiscal years 1988 and 1989 for
      the Department of State, the U.S. Information Agency, the Voice of
       America, the Board for International Broadcasting, and for other
                                   purposes.

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

                    TITLE XI--GLOBAL CLIMATE PROTECTION \1\

    SEC. 1101. SHORT TITLE.

      This title may be cited as the ``Global Climate Protection
    Act of 1987''.
    ---------------------------------------------------------------------------
        \1\ 15 U.S.C. 2901 note.
    ---------------------------------------------------------------------------

    SEC. 1102. FINDINGS.

      The Congress finds as follows:
              (1) There exists evidence that manmade pollution--the
            release of carbon dioxide, chlorofluorocarbons,
            methane, and other trace gases into the atmosphere--may
            be producing a long-term and substantial increase in
            the average temperature on Earth, a phenomenon known as
            global warming through the greenhouse effect.
              (2) By early in the next century, an increase in
            Earth temperature could--
                      (A) so alter global weather patterns as to
                    have an effect on existing agricultural
                    production and on the habitability of large
                    portions of the Earth; and
                      (B) cause thermal expansion of the oceans and
                    partial melting of the polar ice caps and
                    glaciers, resulting in rising sea levels.
              (3) Important research into the problem of climate
            change is now being conducted by various United States
            Government and international agencies, and the
            continuation and intensification of those efforts will
            be crucial to the development of an effective United
            States response.
              (4) While the consequences of the greenhouse effect
            may not be fully manifest until the next century,
            ongoing pollution and deforestation may be contributing
            now to an irreversible process. Necessary actions must
            be identified and implemented in time to protect the
            climate.
              (5) The global nature of this problem will require
            vigorous efforts to achieve international cooperation
            aimed at minimizing and responding to adverse climate
            change; such international cooperation will be greatly
            enhanced by United States leadership. A key step in
            international cooperation will be the meeting of the
            Governing Council of the United Nations Environment
            Program, scheduled for June 1989, which will seek to
            determine a direction for worldwide efforts to control
            global climate change.
              (6) Effective United States leadership in the
            international arena will depend upon a coordinated
            national policy.

    SEC. 1103. MANDATE FOR ACTION ON THE GLOBAL CLIMATE.

      (a) Goals of United States Policy.--United States policy
    should seek to--
              (1) increase worldwide understanding of the
            greenhouse effect and its environmental and health
            consequences;
              (2) foster cooperation among nations to develop more
            extensive and coordinated scientific research efforts
            with respect to the greenhouse effect;
              (3) identify technologies and activities to limit
            mankind's adverse effect on the global climate by--
                      (A) slowing the rate of increase of
                    concentrations of greenhouse gases in the
                    atmosphere in the near term; and
                      (B) stabilizing or reducing atmospheric
                    concentrations of greenhouse gases over the
                    long term; and
              (4) work toward multilateral agreements.
      (b) Formulation of United States Policy.--The President,
    through the Environmental Protection Agency, shall be
    responsible for developing and proposing to Congress a
    coordinated national policy on global climate change. Such
    policy formulation shall consider research findings of the
    Committee on Earth Sciences of the Federal Coordinating Council
    on Science and Engineering Technology, the National Academy of
    Sciences, the National Oceanic and Atmospheric Administration,
    the National Science Foundation, the National Aeronautic and
    Space Administration, the Department of Energy, the
    Environmental Protection Agency, and other organizations
    engaged in the conduct of scientific research.
      (c) Coordination of United States Policy in the International
    Arena.--The Secretary of State shall be responsible to
    coordinate those aspects of United States policy requiring
    action through the channels of multilateral diplomacy,
    including the United Nations Environment Program and other
    international organizations. In the formulation of these
    elements of United States policy, the Secretary of State shall,
    under the direction of the President, work jointly with the
    Administrator of the Environmental Protection Agency and other
    United States agencies concerned with environmental protection,
    consistent with applicable Federal law.

    SEC. 1104. REPORT TO CONGRESS.

      Not later than 24 months after the date of enactment of this
    Act, the Secretary of State and the Administrator of the
    Environmental Protection Agency shall jointly submit to all
    committees of jurisdiction in the Congress a report which shall
    include--
              (1) a summary analysis of current international
            scientific understanding of the greenhouse effect,
            including its environmental and health consequences;
              (2) an assessment of United States efforts to gain
            international cooperation in limiting global climate
            change; and
              (3) a description of the strategy by which the United
            States intends to seek further international
            cooperation to limit global climate change.

    SEC. 1105. INTERNATIONAL YEAR OF GLOBAL CLIMATE PROTECTION.

      In order to focus international attention and concern on the
    problem of global warming, and to foster further work on
    multilateral treaties aimed at protecting the global climate,
    the Secretary of State shall undertake all necessary steps to
    promote, within the United Nations system, the early
    designation of an International Year of Global Climate
    Protection.

    SEC. 1106. CLIMATE PROTECTION AND UNITED STATES RELATIONS WITH THE
                        INDEPENDENT STATES OF THE FORMER SOVIET UNION.\2\

      In recognition of the respective leadership roles of the
    United States and the independent states of the former Soviet
    Union \3\ in the international arena, and of the extent to
    which they are \4\ producers of atmospheric pollutants, the
    Congress urges that the President accord the problem of climate
    protection a high priority on the agenda of United States
    relations with the independent states.\5\
    ---------------------------------------------------------------------------
        \2\ Sec. 603(1)(A) of the FRIENDSHIP Act (Public Law 103-45; 107
    Stat. 2327) struck out ``united states-soviet relations'' in the
    section heading, and inserted in lieu thereof ``united states relations
    with the independent states of the former soviet union''.
        \3\ Sec. 603(1)(B) of the FRIENDSHIP Act (Public Law 103-45; 107
    Stat. 2327) struck out ``Soviet Union'' and inserted in lieu thereof
    ``independent states of the former Soviet Union''.
        \4\ Sec. 603(1)(C) of the FRIENDSHIP Act (Public Law 103-45; 107
    Stat. 2327) struck out ``their joint role as the world's two major''
    and inserted in lieu thereof ``the extent to which they are''.
        \5\ Sec. 603(1)(D) of the FRIENDSHIP Act (Public Law 103-45; 107
    Stat. 2327) struck out ``United States-Soviet relations'' and inserted
    in lieu thereof ``United States relations with the independent
    states''.
    ---------------------------------------------------------------------------
              * * * * * * *
             m. International Environmental Protection Act of 1983

     Partial text of Public Law 98-164 [H.R. 2915], 97 Stat. 1017 at 1045,
                           approved November 22, 1983

     AN ACT To authorize appropriations for fiscal years 1984 and 1985 for
      the Department of State, the United States Information Agency, the
     Board for International Broadcasting, the Inter-American Foundation,
       and the Asia Foundation, to establish the National Endowment for
                       Democracy, and for other purposes.

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

               TITLE VII--INTERNATIONAL ENVIRONMENTAL PROTECTION

                                  short title

        Sec. 701.\1\ This title may be cited as the ``International
    Environmental Protection Act of 1983''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2151 note.
    ---------------------------------------------------------------------------

                               endangered species

        Sec. 702.\2\ * * *
    ---------------------------------------------------------------------------
        \2\ Sec. 702 amended the Foreign Assistance Act of 1961 by adding a
    new sec. 119 concerning endangered species.
    ---------------------------------------------------------------------------

                            environmental exchanges

        Sec. 703. (a) \3\ * * *
    ---------------------------------------------------------------------------
        \3\ Subsec. (a) amended sec. 102(b) of the Mutual Educational and
    Cultural Exchange Act of 1961, authorizing the President to foster
    exchanges between the United States and other countries of experts in
    the fields of environmental science and environmental management.
    ---------------------------------------------------------------------------
        (b) Of the amount by which expenditures for the Fulbright
    Academic Exchange Programs, for the Humphrey Fellowship
    Program, and for the International Visitor Program for each of
    the fiscal years 1984 and 1985 exceeds the expenditures for
    these programs in fiscal year 1982, 5 percent shall be used to
    finance programs authorized by the amendment made by subsection
    (a) of this section.

                 international wildlife resources conservation

        Sec. 704. (a) The Secretary of State and the Secretary of
    the Interior, in consultation with the heads of other concerned
    Federal agencies, shall undertake a review of the effectiveness
    of existing United States international activities relating to
    the conservation of international wildlife resources and shall
    develop recommendations to substantially improve existing
    capabilities. On the basis of this review, the Secretary of
    State and the Secretary of the Interior shall, within six
    months after the date of enactment of this Act, transmit to the
    chairman of the Committee on Foreign Relations of the Senate
    and to the chairman of the Committee on Foreign Affairs \4\ of
    the House of Representatives a report--
    ---------------------------------------------------------------------------
        \4\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (1) describing the programs of all Federal agencies
            concerned with international wildlife resources
            conservation programs;
              (2) recommending an integrated United States plan of
            action to assist foreign governments and international
            organizations in conserving wildlife, taking into
            account the projections in the Global 2000 study;
              (3) analyzing the extent to which the Department of
            State and other relevant Federal agencies are currently
            involved in--
                      (A) the establishment of effective liaison
                    with international, national, and local
                    governmental and nongovernmental agencies,
                    organizations, and persons involved in or
                    knowledgeable of wildlife resources
                    conservation abroad;
                      (B) the provisions of expert international
                    wildlife resources conservation staff
                    assistance and advice to United States
                    Embassies, Agency for International Development
                    missions, United States overseas military
                    installations, and other United States
                    governmental or private interests;
                      (C) facilitating the provision of advice or
                    assistance to governments, agencies, or
                    organizations which wish to enhance their
                    wildlife resources conservation capabilities
                    abroad;
                      (D) the acquisition and dissemination of
                    reliable data or information concerning--
                              (i) the conservation status of
                            species of wild fauna and flora;
                              (ii) the conservation status of lands
                            and waters upon which wild fauna and
                            flora depend;
                              (iii) existing or proposed laws
                            proclamations, statutes, orders,
                            regulations, or policies which pertain
                            to the taking, collecting, import, or
                            export of wildlife resources, or to
                            other aspects of international wildlife
                            resources conservation;
                              (iv) the potential impact upon
                            wildlife resources abroad of actions
                            authorized, funded or carried out by
                            the United States Government; and
                              (v) opportunities to initiate or
                            enhance the efficiency of international
                            wildlife resources conservation by the
                            transfer of United States expertise
                            through technical assistance, training,
                            exchange of publications, or other
                            means;
                      (E) maintaining liaison, for the purposes of
                    providing information needed to make sound
                    conservation decisions, with persons
                    responsible for implementing actions abroad
                    which are authorized, funded, or carried out by
                    Federal agencies or other persons under the
                    jurisdiction of the United States; and
                      (F) the performance of any other activities
                    which may be relevant to the United States
                    obligations, authorities, or interests in the
                    field of international wildlife resources
                    conservation;
              (4) recommending steps which could be taken to
            increase the capabilities of the Department of State
            and other relevant Federal agencies in carrying out the
            functions described in paragraph (3), including
            estimates of the costs of taking those steps and
            estimates of the personnel required to increase those
            capabilities; and
              (5) analyzing the desirability of delineating
            geographic regions abroad (which would be known as
            ``International Wildlife Resources Conservation
            Regions'') and assigning qualified members of the
            Foreign Service to be responsible for wildlife resource
            conservation issues in those regions.
            n. Environmental Effects Abroad of Major Federal Actions

     Executive Order 12114, January 4, 1979, 44 F.R. 1957, 42 U.S.C. 4321
                                      note

        By virtue of the authority vested in me by the Constitution
    and the laws of the United States, and as President of the
    United States, in order to further environmental objectives
    consistent with the foreign policy and national security policy
    of the United States, it is ordered as follows:

                                   SECTION 1

        1-1. Purpose and Scope. The purpose of this Executive Order
    is to enable responsible officials of Federal agencies having
    ultimate responsibility for authorizing and approving actions
    encompassed by this Order to be informed of pertinent
    environmental considerations and to take such considerations
    into account, with other pertinent considerations of national
    policy, in making decisions regarding such actions. While based
    on independent authority, this Order furthers the purpose of
    the National Environmental Policy Act (42 U.S.C. 4321 et seq.)
    and the Marine Protection Research and Sanctuaries Act (16
    U.S.C. 1431 et seq. and 33 U.S.C. 1401 et seq.) and the
    Deepwater Port Act (33 U.S.C. 1501 et seq.) consistent with the
    foreign policy and national security policy of the United
    States, and represents the United States government's exclusive
    and complete determination of the procedural and other actions
    to be taken by Federal agencies to further the purpose of the
    National Environmental Policy Act, with respect to the
    environment outside the United States, its territories and
    possessions.

                                   SECTION 2

        2-1. Agency Procedures. Every Federal agency taking major
    Federal actions encompassed hereby and not exempted herefrom
    having significant effects on the environment outside the
    geographical borders of the United States and its territories
    and possessions shall within eight months after the effective
    date of this Order have in effect procedures to implement this
    Order. Agencies shall consult with the Department of State and
    the Council on Environmental Quality concerning such procedures
    prior to placing them in effect.
        2-2. Information Exchange. To assist in effectuating the
    foregoing purpose, the Department of State and the Council on
    Environmental Quality in collaboration with other interested
    Federal agencies and other nations shall conduct a program for
    exchange on a continuing basis of information concerning the
    environment. The objectives of this program shall be to provide
    information for use by decisionmakers, to heighten awareness of
    and interest in environmental concerns and, as appropriate, to
    facilitate environmental cooperation with foreign nations.
        2-3. Actions Included. Agencies in their procedures under
    Section 2-1 shall establish procedures by which their officers
    having ultimate responsibility for authorizing and approving
    actions in one of the following categories encompassed by this
    Order, take into consideration in making decisions concerning
    such actions, a document described in Section 2-4(a):
        (a) major Federal actions significantly affecting the
    environment of the global commons outside the jurisdiction of
    any nation (e.g., the oceans or Antarctica);
        (b) major Federal actions significantly affecting the
    environment of a foreign nation not participating with the
    United States and not otherwise involved in the action;
        (c) major Federal actions significantly affecting the
    environment of a foreign nation which provide to that nation:
              (1) a product, or physical project producing a
            principal product or an emission or effluent, which is
            prohibited or strictly regulated by Federal law in the
            United States because its toxic effects on the
            environment create a serious public health risk; or
              (2) a physical project which in the United States is
            prohibited or strictly regulated by Federal law to
            protect the environment against radioactive substances.
        (d) major Federal actions outside the United States, its
    territories and possessions which significantly affect natural
    or ecological resources of global importance designated for
    protection under this subsection by the President, or, in the
    case of such a resource protected by international agreement
    binding on the United States, by the Secretary of State.
    Recommendations to the President under this subsection shall be
    accompanied by the views of the Council on Environmental
    Quality and the Secretary of State.
        2-4. Applicable Procedures. (a) There are the following
    types of documents to be used in connection with actions
    described in Section 2-3:
              (i) environmental impact statements (including
            generic, program and specific statements);
              (ii) bilateral or multilateral environmental studies,
            relevant or related to the proposed action, by the
            United States and one (or more) more foreign nations,
            or by an international body or organization in which
            the United States is a member or participant; or
              (iii) concise reviews of the environmental issues
            involved, including environmental assessments, summary
            environmental analyses or other appropriate documents.
        (b) Agencies shall in their procedures provide for
    preparation of documents described in Section 2-4(a), with
    respect to actions described in Section 2-3, as follows:
              (i) for effects described in Section 2-3(a), an
            environmental impact statement described in Section 2-
            4(a)(i);
              (ii) for effects described in Section 2-3(b), a
            document described in Section 2-4(a)(ii) or (iii), as
            determined by the agency;
              (iii) for effects described in Section 2-3(c), a
            document described in Section 2-4(a)(ii) or (iii), as
            determined by the agency;
              (iv) for effects described in Section 2-3(d), a
            document described in Section 2-4(a)(i), (ii) or (iii),
            as determined by the agency.
        Such procedures may provide that an agency need not prepare
    a new document when a document described in Section 2-4(a)
    already exists.
        (c) Nothing in this Order shall serve to invalidate any
    existing regulations of any agency which have been adopted
    pursuant to court order or pursuant to judicial settlement of
    any case or to prevent any agency from providing in its
    procedures for measures in addition to those provided for
    herein to further the purpose of the National Environmental
    Policy Act (43 U.S.C. 4321 et seq.) and other environmental
    laws, including the Marine Protection Research and Sanctuaries
    Act (16 U.S.C. 1431 et seq. and 33 U.S.C. 1401 et seq.), and
    the Deepwater Port Act (33 U.S.C. 1501 et seq.), consistent
    with the foreign and national security policies of the United
    States.
        (d) Except as provided in Section 2-5(b), agencies taking
    action encompassed by this Order shall, as soon as feasible,
    inform other Federal agencies with relevant expertise of the
    availability of environmental documents prepared under this
    Order.
        Agencies in their procedures under Section 2-1 shall make
    appropriate provision for determining when an affected nation
    shall be informed in accordance with Section 3-2 of this Order
    of the availability of environmental documents prepared
    pursuant to those procedures.
        In order to avoid duplication of resources, agencies in
    their procedures shall provide for appropriate utilization of
    the resources of other Federal agencies with relevant
    environmental jurisdiction or expertise.
        2-5. Exemptions and Considerations. (a) Notwithstanding
    Section 2-3, the following actions are exempt from this Order:
              (i) actions not having a significant effect on the
            environment outside the United States as determined by
            the agency;
              (ii) actions taken by the President;
              (iii) actions taken by or pursuant to the direction
            of the President or Cabinet officer when the national
            security or interest is involved or when the action
            occurs in the course of an armed conflict;
              (iv) intelligence activities and arms transfers;
              (v) export licenses or permits or export approvals,
            and actions relating to nuclear activities except
            actions providing to a foreign nation a nuclear
            production or utilization facility as defined in the
            Atomic Energy Act of 1954 (42 U.S.C. 2011 et seq.), as
            amended, or a nuclear waste management facility;
              (vi) votes and other actions in international
            conferences and organizations;
              (vii) disaster and emergency relief action.
        (b) Agency procedures under Section 2-1 implementing
    Section 2-4 may provide for appropriate modifications in the
    contents, timing and availability of documents to other
    affected Federal agencies and affected nations, where necessary
    to:
              (i) enable the agency to decide and act promptly as
            and when required;
              (ii) avoid adverse impacts on foreign relations or
            infringement in fact or appearance of other nations'
            sovereign responsibilities, or
              (iii) ensure appropriate reflection of:
                      (1) diplomatic factors;
                      (2) international commercial, competitive and
                    export promotion factors;
                      (3) needs for governmental or commercial
                    confidentiality;
                      (4) national security considerations;
                      (5) difficulties of obtaining information and
                    agency ability to analyze meaningfully
                    environmental effects of a proposed action; and
                      (6) the degree to which the agency is
                    involved in or able to affect a decision to be
                    made.
        (c) Agency procedure under Section 2-1 may provide for
    categorical exclusions and for such exemptions in addition to
    those specified in subsection (a) of this Section as may be
    necessary to meet emergency circumstances, situations involving
    exceptional foreign policy and national security sensitivities
    and other such special circumstances. In utilizing such
    additional exemptions agencies shall, as soon as feasible,
    consult with the Department of State and the Council on
    Environmental Quality.
        (d) The provisions of Section 2-5 do not apply to actions
    described in Section 2-3(a) unless permitted by law.

                                   SECTION 3

        3-1. Rights of Action. This Order is solely for the purpose
    of establishing internal procedures for Federal agencies to
    consider the significant effects of their actions on the
    environment outside the United States, its territories and
    possessions, and nothing in this Order shall be construed to
    create a cause of action.
        3-2. Foreign Relations. The Department of State shall
    coordinate all communications by agencies with foreign
    governments concerning environmental agreements and other
    arrangements in implementation of this Order.
        3-3. Multi-Agency Actions. Where more than one Federal
    agency is involved in an action or program, a lead agency, as
    determined by the agencies involved, shall have responsibility
    for implementation of this Order.
        3-4. Certain Terms. For purposes of this Order,
    ``environment'' means the natural and physical environment and
    excludes social, economic and other environments; and an action
    significantly affects the environment if it does significant
    harm to the environment even though on balance the agency
    believes the action to be beneficial to the environment. The
    term ``export approvals'' in Section 2-5(a)(v) does not mean or
    include direct loans to finance exports.
        3-5. Multiple Impacts. If a major Federal action having
    effects on the environment of the United States or the global
    commons requires preparation of an environmental impact
    statement, and if the action also has effects on the
    environment of a foreign nation, an environmental impact
    statement need not be prepared with respect to the effects on
    the environment of the foreign nation.
    =======================================================================

          M. AVIATION, SPACE, AND INTERNATIONAL SCIENTIFIC COOPERATION

                                    CONTENTS

                                                                       Page

    1. Aviation Security.............................................   685
          a. 49 United States Code (partial text)....................   685
          b. Cape Town Treaty Implementation Act of 2004 (Public Law
              108-297)...............................................   744
          c. Aviation Security Improvement Act of 1990 (Public Law
              101-604) (partial text)................................   748
          d. International Security and Development Act of 1985--
              International Terrorism and Foreign Airport Security
              (Public Law 99-83) (partial text)......................   755
    2. International Cooperation in Scientific Research..............   757
          a. National Science Foundation Act of 1950, as amended
              (Public Law 81-507) (partial text).....................   757
          b. National Aeronautics and Space Act of 1958 (Public Law
              85-568) (partial text).................................   759
          c. National Aeronautics and Space Administration
              Authorization Act, Fiscal Year 2000 (Public Law 106-
              391) (partial text)....................................   761
          d. National Aeronautics and Space Administration
              Authorization Act, Fiscal Year 1993 (Public Law 102-
              588) (partial text)....................................   766
          e. National Aeronautics and Space Administration
              Authorization Act, Fiscal Year 1992 (Public Law 102-
              195) (partial text)....................................   772
          f. National Aeronautics and Space Administration
              Authorization Act, Fiscal Year 1991 (Public Law 101-
              611) (partial text)....................................   774
          g. National Aeronautics and Space Administration
              Authorization Act, Fiscal Year 1989 (Public Law 100-
              685) (partial text)....................................   780
          h. National Aeronautics and Space Administration
              Authorization Act of 1988 (Public Law 100-147) (partial
              text)..................................................   783
          i. Commercial Space Act of 1998 (Public Law 105-303)
              (partial text).........................................   784
          j. Cooperative East-West Ventures in Space (Public Law 98-
              562)...................................................   795
          k. National Space Council Authorization Act of 1990 (Public
              Law 101-328)...........................................   796
          l. FREEDOM Support Act--Space Trade and Cooperation (Public
              Law 102-511) (partial text)............................   798
          m. National Space Council (Executive Order 12675)..........   801
          n. Establishment of the National Science and Technology
              Council (Executive Order 12881)........................   804
    3. Arctic Research...............................................   806
          a. Arctic Tundra Habitat Emergency Conservation Act (Public
              Law 106-108)...........................................   806
          b. Arctic Research and Policy Act of 1984 (title I of
              Public Law 98-373).....................................   809
          c. Arctic Research Commission (Executive Order 12501)......   818

    =======================================================================

                              1. Aviation Security

                            a. 49 United States Code

              Note.--Public Law 103-272 (108 Stat. 745) repealed
            several Public Laws relating to transportation,
            aviation and airport security, and consolidated their
            substance into 49 U.S.C.

                        SUBTITLE VII--AVIATION PROGRAMS

                        PART A--AIR COMMERCE AND SAFETY

                               subpart i--general

                        chapter 401--general provisions

              * * * * * * *

    Sec. 40105. International negotiations, agreements, and obligations

        (a) Advice and Consultation.--The Secretary of State shall
    advise the Administrator of the Federal Aviation Administration
    and the Secretaries of Transportation and Commerce, and consult
    with them as appropriate, about negotiations for an agreement
    with a government of a foreign country to establish or develop
    air navigation, including air routes and services. The
    Secretary of Transportation shall consult with the Secretary of
    State in carrying out this part to the extent this part is
    related to foreign air transportation.
        (b) Actions of Secretary and Administrator.--(1) In
    carrying out this part, the Secretary of Transportation and the
    Administrator--
              (A) shall act consistently with obligations of the
            United States Government under an international
            agreement;
              (B) shall consider applicable laws and requirements
            of a foreign country; and
              (C) may not limit compliance by an air carrier with
            obligations or liabilities imposed by the government of
            a foreign country when the Secretary takes any action
            related to a certificate of public convenience and
            necessity issued under chapter 411 of this title.
        (2) This subsection does not apply to an agreement between
    an air carrier or an officer or representative of an air
    carrier and the government of a foreign country, if the
    Secretary of Transportation disapproves the agreement because
    it is not in the public interest. Section 40106(b)(2) of this
    title applies to this subsection.
        (c) Consultation on International Air Transportation
    Policy.--In carrying out section 40101(e) of this title, the
    Secretaries of State and Transportation, to the maximum extent
    practicable, shall consult on broad policy goals and individual
    negotiations with--
              (1) the Secretaries of Commerce and Defense;
              (2) airport operators;
              (3) scheduled air carriers;
              (4) charter air carriers;
              (5) airline labor;
              (6) consumer interest groups;
              (7) travel agents and tour organizers; and
              (8) other groups, institutions, and governmental
            authorities affected by international aviation policy.
        (d) Congressional Observers at International Aviation
    Negotiations.--The President shall grant to at least one
    representative of each House of Congress the privilege of
    attending international aviation negotiations as an observer if
    the privilege is requested in advance in writing.

    Sec. 40106. Emergency powers

        (a) Deviations From Regulations.--Appropriate military
    authority may authorize aircraft of the armed forces of the
    United States to deviate from air traffic regulations
    prescribed under section 40103(b)(1) and (2) of this title when
    the authority decides the deviation is essential to the
    national defense because of a military emergency or urgent
    military necessity. The authority shall--
              (1) give the Administrator of the Federal Aviation
            Administration prior notice of the deviation at the
            earliest practicable time; and
              (2) to the extent time and circumstances allow, make
            every reasonable effort to consult with the
            Administrator and arrange for the deviation in advance
            on a mutually agreeable basis.
        (b) Suspension of Authority.--(1) When the President
    decides that the government of a foreign country is acting
    inconsistently with the Convention for the Suppression of
    Unlawful Seizure of Aircraft or that the government of a
    foreign country allows territory under its jurisdiction to be
    used as a base of operations or training of, or as a sanctuary
    for, or arms, aids, or abets, a terrorist organization that
    knowingly uses the unlawful seizure, or the threat of an
    unlawful seizure, of an aircraft as an instrument of policy,
    the President may suspend the authority of--
              (A) an air carrier or foreign air carrier to provide
            foreign air transportation to an from that foreign
            country;
              (B) a person to operate aircraft in foreign air
            commerce to and from that foreign country;
              (C) a foreign air carrier to provide foreign air
            transportation between the United states and another
            country that maintains air service with the foreign
            country; and
              (D) a foreign person to operate aircraft in foreign
            air commerce between the United States and another
            country that maintains air service with the foreign
            country.
        (2) The President may act under this subsection without
    notice or a hearing. The suspension remains in effect for as
    long as the President decides is necessary to ensure the
    security of aircraft against unlawful seizure. Notwithstanding
    section 40105(b) of this title, the authority of the President
    to suspend rights under this subsection is a condition to a
    certificate of public convenience and necessity, air carrier
    operating certificate, foreign air carrier or foreign aircraft
    permit, or foreign air carrier operating specification issued
    by the Secretary of Transportation under this part.
        (3) An air carrier or foreign air carrier may not provide
    foreign air transportation, and a person may not operate
    aircraft in foreign air commerce, in violation of a suspension
    of authority under this subsection.

    Sec. 40107. Presidential transfers

        (a) General Authority.--The President may transfer to the
    Administrator of the Federal Aviation Administration a duty,
    power, activity, or facility of a department, agency, or
    instrumentality of the executive branch of the United States
    Government, or an officer or unit of a department, agency, or
    instrumentality of the executive branch, related primarily to
    selecting, developing, testing, evaluating, establishing,
    operating, or maintaining a system, procedure, facility, or
    device for safe and efficient air navigation and air traffic
    control. In making a transfer, the President may transfer
    records and property and make officers and employees from the
    department, agency, instrumentality, or unit available to the
    Administrator.
        (b) During War.--If war occurs, the President by executive
    order may transfer to the Secretary of Defense a duty, power,
    activity, or facility of the Administrator. In making the
    transfer, the President may transfer records, property,
    officers, and employees of the Administration to the Department
    of Defense.
              * * * * * * *

                              subpart iii--safety

              * * * * * * *

                             chapter 449--security

                           subchapter i--requirements

    Sec. 44901. Screening passengers and property

        (a) \1\ In General.--The Under Secretary of Transportation
    for Security shall provide for the screening of all passengers
    and property, including United States mail, cargo, carry-on and
    checked baggage, and other articles, that will be carried
    aboard a passenger aircraft operated by an air carrier or
    foreign air carrier in air transportation or intrastate air
    transportation. In the case of flights and flight segments
    originating in the United States, the screening shall take
    place before boarding and shall be carried out by a Federal
    Government employee (as defined in section 2105 of title 5,
    United States Code), except as otherwise provided in section
    44919 or 44920 and except for identifying passengers and
    baggage for screening under the CAPPS and known shipper
    programs and conducting positive bag-match programs.
    ---------------------------------------------------------------------------
        \1\ Sec. 110(b) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 614) struck out subsecs. (a) and (b),
    redesignated subsec. (c) as subsec. (h), and added new subsecs. (a)
    through (g).
        Previously, subsecs. (a) and (b) read as follows:
        ``(a) General Requirements.--The Administrator of the Federal
    Aviation Administration shall prescribe regulations requiring screening
    of all passengers and property that will be carried in a cabin of an
    aircraft in air transportation or intrastate air transportation. The
    screening must take place before boarding and be carried out by a
    weapon-detecting facility or procedure used or operated by an employee
    or agent of an air carrier, intrastate air carrier, or foreign air
    carrier.
        ``(b) Amending Regulations.--Notwithstanding subsection (a) of this
    section, the Administrator may amend a regulation prescribed under
    subsection (a) to require screening only to ensure security against
    criminal violence and aircraft piracy in air transportation and
    intrastate air transportation.''.
    ---------------------------------------------------------------------------
        (b) \1\ Supervision of Screening.--All screening of
    passengers and property at airports in the United States where
    screening is required under this section shall be supervised by
    uniformed Federal personnel of the Transportation Security
    Administration who shall have the power to order the dismissal
    of any individual performing such screening.
        (c) \1\ Checked Baggage.--A system must be in operation to
    screen all checked baggage at all airports in the United States
    as soon as practicable but not later than the 60th day
    following the date of enactment of the Aviation and
    Transportation Security Act.
        (d) \1\ Explosive Detection Systems.--
              (1) In general.--The Under Secretary of
            Transportation for Security shall take all necessary
            action to ensure that--
                      (A) explosive detection systems are deployed
                    as soon as possible to ensure that all United
                    States airports described in section 44903(c)
                    have sufficient explosive detection systems to
                    screen all checked baggage no later than
                    December 31, 2002, and that as soon as such
                    systems are in place at an airport, all checked
                    baggage at the airport is screened by those
                    systems; and
                      (B) all systems deployed under subparagraph
                    (A) are fully utilized; and
                      (C) if explosive detection equipment at an
                    airport is unavailable, all checked baggage is
                    screened by an alternative means.
              (2) \2\ Deadline.--
    ---------------------------------------------------------------------------
        \2\ Sec. 425 of the Homeland Security Act of 2002 (Public Law 107-
    296; 116 Stat. 2186) added para. (2).
    ---------------------------------------------------------------------------
                      (A) In general.--If, in his discretion or at
                    the request of an airport, the Under Secretary
                    of Transportation for Security determines that
                    the Transportation Security Administration is
                    not able to deploy explosive detection systems
                    required to be deployed under paragraph (1) at
                    all airports where explosive detection systems
                    are required by December 31, 2002, then with
                    respect to each airport for which the Under
                    Secretary makes that determination--
                              (i) the Under Secretary shall submit
                            to the Senate Committee on Commerce,
                            Science, and Transportation and the
                            House of Representatives Committee on
                            Transportation and Infrastructure a
                            detailed plan (which may be submitted
                            in classified form) for the deployment
                            of the number of explosive detection
                            systems at that airport necessary to
                            meet the requirements of paragraph (1)
                            as soon as practicable at that airport
                            but in no event later than December 31,
                            2003; and
                              (ii) the Under Secretary shall take
                            all necessary action to ensure that
                            alternative means of screening all
                            checked baggage is implemented until
                            the requirements of paragraph (1) have
                            been met.
                      (B) Criteria for determination.--In making a
                    determination under subparagraph (A), the Under
                    Secretary shall take into account--
                              (i) the nature and extent of the
                            required modifications to the airport's
                            terminal buildings, and the technical,
                            engineering, design and construction
                            issues;
                              (ii) the need to ensure that such
                            installations and modifications are
                            effective; and
                              (iii) the feasibility and cost-
                            effectiveness of deploying explosive
                            detection systems in the baggage
                            sorting area or other non-public area
                            rather than the lobby of an airport
                            terminal building.
                      (C) Response.--The Under Secretary shall
                    respond to the request of an airport under
                    subparagraph (A) within 14 days of receiving
                    the request. A denial of request shall create
                    no right of appeal or judicial review.
                      (D) Airport effort required.--Each airport
                    with respect to which the Under Secretary makes
                    a determination under subparagraph (A) shall--
                              (i) cooperate fully with the
                            Transportation Security Administration
                            with respect to screening checked
                            baggage and changes to accommodate
                            explosive detection systems; and
                              (ii) make security projects a
                            priority for the obligation or
                            expenditure of funds made available
                            under chapter 417 or 471 until
                            explosive detection systems required to
                            be deployed under paragraph (1) have
                            been deployed at that airport.
              (3) Reports.--Until the Transportation Security
            Administration has met the requirements of paragraph
            (1), the Under Secretary shall submit a classified
            report every 30 days after the date of enactment of
            this Act to the Senate Committee on Commerce, Science,
            and Transportation and the House of Representatives
            Committee on Transportation and Infrastructure
            describing the progress made toward meeting such
            requirements at each airport.
        (e) \1\ Mandatory Screening Where EDS Not Yet Available.--
    As soon as practicable but not later than the 60th day
    following the date of enactment of the Aviation and
    Transportation Security Act and until the requirements of
    subsection (b)(1)(A) are met, the Under Secretary shall require
    alternative means for screening any piece of checked baggage
    that is not screened by an explosive detection system. Such
    alternative means may include 1 or more of the following:
              (1) A bag-match program that ensures that no checked
            baggage is placed aboard an aircraft unless the
            passenger who checked the baggage is aboard the
            aircraft.
              (2) Manual search.
              (3) Search by canine explosive detection units in
            combination with other means.
              (4) Other means or technology approved by the Under
            Secretary.
        (f) \1\ Cargo Deadline.--A system must be in operation to
    screen, inspect, or otherwise ensure the security of all cargo
    that is to be transported in all-cargo aircraft in air
    transportation and intrastate air transportation as soon as
    practicable after the date of enactment of the Aviation and
    Transportation Security Act.
        (g) \1\ Deployment of Armed Personnel.--
              (1) In general.--The Under Secretary shall order the
            deployment of law enforcement personnel authorized to
            carry firearms at each airport security screening
            location to ensure passenger safety and national
            security.
              (2) Minimum requirements.--Except at airports
            required to enter into agreements under subsection (c),
            the Under Secretary shall order the deployment of at
            least 1 law enforcement officer at each airport
            security screening location. At the 100 largest
            airports in the United States, in terms of annual
            passenger enplanements for the most recent calendar
            year for which data are available, the Under Secretary
            shall order the deployment of additional law
            enforcement personnel at airport security screening
            locations if the Under Secretary determines that the
            additional deployment is necessary to ensure passenger
            safety and national security.
        (h) \1\ Exemptions and Advising Congress on Regulations.--
    The Under Secretary-- \3\
    ---------------------------------------------------------------------------
        \3\ Sec. 101(f)(7) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 603) struck out ``Administrator'' and
    inserted in lieu thereof ``Under Secretary''.
    ---------------------------------------------------------------------------
              (1) may exempt from this section air transportation
            operations, except scheduled passenger operations of an
            air carrier providing air transportation under a
            certificate issued under section 41102 of this title or
            a permit issued under section 41302 of this title; and
              (2) shall advise Congress of a regulation to be
            prescribed under this section at least 30 days before
            the effective date of the regulation, unless the Under
            Secretary \3\ decides an emergency exists requiring the
            regulation to become effective in fewer than 30 days
            and notifies Congress of that decision.

    Sec. 44902. Refusal to transport passengers and property

        (a) Mandatory Refusal.--The Under Secretary \3\ of
    Transportation for Security \4\ shall prescribe regulations
    requiring an air carrier, intrastate air carrier, or foreign
    air carrier to refuse to transport--
    ---------------------------------------------------------------------------
        \4\ Sec. 101(f)(9) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 603) struck out ``of the Federal Aviation
    Administration'' and inserted in lieu thereof ``of Transportation for
    Security''.
    ---------------------------------------------------------------------------
              (1) a passenger who does not consent to a search
            under section 44901(a) of this title establishing
            whether the passenger is carrying unlawfully a
            dangerous weapon, explosive, or other destructive
            substance; or
              (2) property of a passenger who does not consent to a
            search of the property establishing whether the
            property unlawfully contains a dangerous weapon,
            explosive, or other destructive substance.
        (b) Permissive Refusal.--Subject to regulations of the
    Under Secretary,\3\ an air carrier, intrastate air carrier, or
    foreign air carrier may refuse to transport a passenger or
    property the carrier decides is, or might be, inimical to
    safety.
        (c) Agreeing to Consent to Search.--An agreement to carry
    passengers or property in air transportation or intrastate air
    transportation by an air carrier, intrastate air carrier, or
    foreign air carrier is deemed to include an agreement that the
    passenger or property will not be carried if consent to search
    the passenger or property for a purpose referred to in this
    section is not given.

    Sec. 44903. Air transportation security

        (a) Definition.--In this section, ``law enforcement
    personnel'' means individuals--
              (1) authorized to carry and use firearms;
              (2) vested with the degree of the police power of
            arrest the Under Secretary \3\ of Transportation for
            Security \4\ considers necessary to carry out this
            section; and
              (3) identifiable by appropriate indicia of authority.
        (b) Protection Against Violence and Piracy.--The Under
    Secretary \3\ shall prescribe regulations to protect passengers
    and property on an aircraft operating in air transportation or
    intrastate air transportation against an act of criminal
    violence or aircraft piracy. When prescribing a regulation
    under this subsection, the Under Secretary \3\ shall--
              (1) consult with the Secretary of Transportation, the
            Attorney General, the heads of other departments,
            agencies, and instrumentalities of the United States
            Government, and State and local authorities;
              (2) consider whether a proposed regulation is
            consistent with--
                      (A) protecting passengers; and
                      (B) the public interest in promoting air
                    transportation and intrastate air
                    transportation;
              (3) to the maximum extent practicable, require a
            uniform procedure for searching and detaining
            passengers and property to ensure--
                      (A) their safety; and
                      (B) courteous and efficient treatment by an
                    air carrier, an agent or employee of an air
                    carrier, and Government, State, and local law
                    enforcement personnel carrying out this
                    section; and
              (4) consider the extent to which a proposed
            regulation will carry out this section.
        (c) Security Programs.--(1) The Under Secretary \3\ shall
    prescribe regulations under subsection (b) of this section that
    require each operator of an airport regularly serving an air
    carrier holding a certificate issued by the Secretary of
    Transportation to establish an air transportation security
    program that provides a law enforcement presence and capability
    at each of those airports that is adequate to ensure the safety
    of passengers. The regulations shall authorize the operator to
    use the services of qualified State, local, and private law
    enforcement personnel. When the Under Secretary \3\ decides,
    after being notified by an operator in the form the Under
    Secretary \3\ prescribes, that not enough qualified State,
    local, and private law enforcement personnel are available to
    carry out subsection (b), the Under Secretary \3\ may authorize
    the operator to use, on a reimbursable basis, personnel
    employed by the Under Secretary,\3\ or by another department,
    agency, or instrumentality of the Government with the consent
    of the head of the department, agency, or instrumentality, to
    supplement State, local, and private law enforcement personnel.
    When deciding whether additional personnel are needed, the
    Under Secretary \3\ shall consider the number of passengers
    boarded at the airport, the extent of anticipated risk of
    criminal violence or aircraft piracy at the airport or to the
    air carrier aircraft operations at the airport, and the
    availability of qualified State or local law enforcement
    personnel at the airport.
        (2)(A) The Under Secretary \3\ may approve a security
    program of an airport operator, or an amendment in an existing
    program, that incorporates a security program of an airport
    tenant (except an air carrier separately complying with part
    108 or 129 of title 14, Code of Federal Regulations) having
    access to a secured area of the airport, if the program or
    amendment incorporates--
              (i) the measures the tenant will use, within the
            tenant's leased areas or areas designated for the
            tenant's exclusive use under an agreement with the
            airport operator, to carry out the security
            requirements imposed by the Under Secretary \3\ on the
            airport operator under the access control system
            requirements of section 107.14 of title 14, Code of
            Federal Regulations, or under other requirements of
            part 107 of title 14; and
              (ii) the methods the airport operator will use to
            monitor and audit the tenant's compliance with the
            security requirements and provides that the tenant will
            be required to pay monetary penalties to the airport
            operator if the tenant fails to carry out a security
            requirement under a contractual provision or
            requirement imposed by the airport operator.
        (B) If the Under Secretary \3\ approves a program or
    amendment described in subparagraph (A) of this paragraph, the
    airport operator may not be found to be in violation of a
    requirement of this subsection or subsection (b) of this
    section when the airport operator demonstrates that the tenant
    or an employee, permittee, or invitee of the tenant is
    responsible for the violation and that the airport operator has
    complied with all measures in its security program for securing
    compliance with its security program by the tenant.
        (C) \5\ Maximum use of chemical and biological weapon
    detection equipment.--The Secretary of Transportation may
    require airports to maximize the use of technology and
    equipment that is designed to detect or neutralize potential
    chemical or biological weapons.
    ---------------------------------------------------------------------------
        \5\ Sec. 120 of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 629) amended and restated subpara. (C).
    As added by sec. 6 of the Airport Security Improvement Act of 2000
    (Public Law 106-528; 114 Stat. 2520), subpara. (C) previously read as
    follows:
        ``(C) Manual process.--
    ---------------------------------------------------------------------------

      ``(i) In general.--The Administrator shall issue an amendment to air
    carrier security programs to require a manual process, at explosive
    detection system screen locations in airports where explosive detection
    equipment is underutilized, which will augment the Computer Assisted
    Passenger Prescreening System by randomly selecting additional checked bags
    for screening so that a minimum number of bags, as prescribed by the
    Administrator are examined.''

      ``(ii) Limitation on statutory construction.--Clause (i) shall not be
    construed to limit the ability of the Under Secretary \3\ to impose
    additional security measures on an air carrier or a foreign air carrier
    when a specific threat warrants such additional measures.

      ``(iii) Maximum use of explosive detection equipment.--In prescribing the
    minimum number of bags to be examined under clause (i), the Administrator
    shall seek to maximize the use of the explosive detection equipment.''.

        (3) \6\ Pilot programs.--The Administrator shall establish
    pilot programs in no fewer than 20 airports to test and
    evaluate new and emerging technology for providing access
    control and other security protections for closed or secure
    areas of the airports. Such technology may include biometric or
    other technology that ensures only authorized access to secure
    areas.
    ---------------------------------------------------------------------------
        \6\ Sec. 106(d) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 610) added para. (3).
    ---------------------------------------------------------------------------
        (d) Authorizing Individuals To Carry Firearms and Make
    Arrests.--With the approval of the Attorney General and the
    Secretary of State, the Secretary of Transportation may
    authorize an individual who carries out air transportation
    security duties--
              (1) to carry firearms; and
              (2) to make arrests without warrant for an offense
            against the United States committed in the presence of
            the individual or for a felony under the laws of the
            United States, if the individual reasonably believes
            the individual to be arrested has committed or is
            committing a felony.
        (e) Exclusive Responsibility Over Passenger Safety.--The
    Under Secretary \3\ has the exclusive responsibility to direct
    law enforcement activity related to the safety of passengers on
    an aircraft involved in an offense under section 46502 of this
    title from the moment all external doors of the aircraft are
    closed following boarding until those doors are opened to allow
    passengers to leave the aircraft. When requested by the Under
    Secretary,\3\ other departments, agencies, and
    instrumentalities of the Government shall provide assistance
    necessary to carry out this subsection.
        (f) \7\ Government and Industry Consortia.--The Under
    Secretary \3\ may establish at airports such consortia of
    government and aviation industry representatives as the Under
    Secretary \3\ may designate to provide advice on matters
    related to aviation security and safety. Such consortia shall
    not be considered Federal advisory committees for purposes of
    the Federal Advisory Committee Act (5 U.S.C. App.).
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        \7\ Sec. 717 of the Wendell H. Ford Aviation Investment and Reform
    Act for the 21st Century (Public Law 106-181; 114 Stat. 163) added
    subsec. (f).
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        (g) \8\ Improvement of Secured-Area Access Control.--
    ---------------------------------------------------------------------------
        \8\ Sec. 4 of the Airport Security Improvement Act of 2000 (Public
    Law 106-528; 114 Stat. 2520) added subsec. (g).
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              (1) Enforcement.--
                      (A) Under secretary \3\ to publish
                    sanctions.--The Under Secretary \3\ shall
                    publish in the Federal Register a list of
                    sanctions for use as guidelines in the
                    discipline of employees for infractions of
                    airport access control requirements. The
                    guidelines shall incorporate a progressive
                    disciplinary approach that relates proposed
                    sanctions to the severity or recurring nature
                    of the infraction and shall include measures
                    such as remedial training, suspension from
                    security-related duties, suspension from all
                    duties without pay, and termination of
                    employment.
                      (B) Use of sanctions.--Each airport operator,
                    air carrier, and security screening company
                    shall include the list of sanctions published
                    by the Under Secretary \3\ in its security
                    program. The security program shall include a
                    process for taking prompt disciplinary action
                    against an employee who commits an infraction
                    of airport access control requirements.
              (2) Improvements.--The Under Secretary \3\ shall--
                      (A) work with airport operators and air
                    carriers to implement and strengthen existing
                    controls to eliminate airport access control
                    weaknesses; \9\
    ---------------------------------------------------------------------------
        \9\ Sec. 106(c)(1) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 609) struck out ``weaknesses by January
    31, 2001'' and inserted in lieu thereof ``weaknesses''.
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                      (B) require airport operators and air
                    carriers to develop and implement comprehensive
                    and recurring training programs that teach
                    employees their roles in airport security, the
                    importance of their participation, how their
                    performance will be evaluated, and what action
                    will be taken if they fail to perform;
                      (C) require airport operators and air
                    carriers to develop and implement programs that
                    foster and reward compliance with airport
                    access control requirements and discourage and
                    penalize noncompliance in accordance with
                    guidelines issued by the Under Secretary \3\ to
                    measure employee compliance;
                      (D) \10\ on an ongoing basis, assess and test
                    for compliance with access control
                    requirements, report annually findings of the
                    assessments, and assess the effectiveness of
                    penalties in ensuring compliance with security
                    procedures and take any other appropriate
                    enforcement actions when noncompliance is
                    found;
    ---------------------------------------------------------------------------
        \10\ Sec. 106(c)(2) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 609) amended and restated subpara. (D),
    which previously read as follows:
        ``(D) assess and test for compliance with access control
    requirements, report findings, and assess penalties or take other
    appropriate enforcement actions when noncompliance is found;''.
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                      (E) improve and better administer the Under
                    Secretary's \11\ security database to ensure
                    its efficiency, reliability, and usefulness for
                    identification of systemic problems and
                    allocation of resources;
    ---------------------------------------------------------------------------
        \11\ Sec. 101(f)(8) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 603) struck out ``Administrator's'' and
    inserted in lieu thereof ``Under Secretary's''.
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                      (F) improve the execution of the Under
                    Secretary's \11\ quality control program; \12\
                    and
    ---------------------------------------------------------------------------
        \12\ Sec. 106(c)(3) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 610) struck out ``program by January 31,
    2001;'' and inserted in lieu thereof ``program;''.
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                      (G) \13\ work with airport operators to
                    strengthen access control points in secured
                    areas (including air traffic control operations
                    areas, maintenance areas, crew lounges, baggage
                    handling areas, concessions, and catering
                    delivery areas) to ensure the security of
                    passengers and aircraft and consider the
                    deployment of biometric or similar technologies
                    that identify individuals based on unique
                    personal characteristics.
    ---------------------------------------------------------------------------
        \13\ Sec. 106(c)(4) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 610) struck out subpara. (G) and inserted
    in lieu thereof a new subpara. (G). Previously, subpara. (G) read as
    follows:
        ``(G) require airport operators and air carriers to strengthen
    access control points in secured areas (including air traffic control
    operations areas) to ensure the security of passengers and aircraft by
    January 31, 2001.''.
    ---------------------------------------------------------------------------
        (h) \14\ Improved Airport Perimeter Access Security.--
    ---------------------------------------------------------------------------
        \14\ Sec. 106(d) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 608) added subsec. (h).
    ---------------------------------------------------------------------------
              (1) In general.--The Under Secretary, in consultation
            with the airport operator and law enforcement
            authorities, may order the deployment of such personnel
            at any secure area of the airport as necessary to
            counter the risk of criminal violence, the risk of
            aircraft piracy at the airport, the risk to air carrier
            aircraft operations at the airport, or to meet national
            security concerns.
              (2) Security of aircraft and ground access to secure
            areas.--In determining where to deploy such personnel,
            the Under Secretary shall consider the physical
            security needs of air traffic control facilities,
            parked aircraft, aircraft servicing equipment, aircraft
            supplies (including fuel), automobile parking
            facilities within airport perimeters or adjacent to
            secured facilities, and access and transition areas at
            airports served by other means of ground or water
            transportation.
              (3) Deployment of federal law enforcement
            personnel.--The Secretary may enter into a memorandum
            of understanding or other agreement with the Attorney
            General or the head of any other appropriate Federal
            law enforcement agency to deploy Federal law
            enforcement personnel at an airport in order to meet
            aviation safety and security concerns.
              (4) Airport perimeter screening.--The Under
            Secretary--
                      (A) shall require, as soon as practicable
                    after the date of enactment of this subsection,
                    screening or inspection of all individuals,
                    goods, property, vehicles, and other equipment
                    before entry into a secured area of an airport
                    in the United States described in section
                    44903(c);
                      (B) shall prescribe specific requirements for
                    such screening and inspection that will assure
                    at least the same level of protection as will
                    result from screening of passengers and their
                    baggage;
                      (C) shall establish procedures to ensure the
                    safety and integrity of--
                              (i) all persons providing services
                            with respect to aircraft providing
                            passenger air transportation or
                            intrastate air transportation and
                            facilities of such persons at an
                            airport in the United States described
                            in section 44903(c);
                              (ii) all supplies, including catering
                            and passenger amenities, placed aboard
                            such aircraft, including the sealing of
                            supplies to ensure easy visual
                            detection of tampering; and
                              (iii) all persons providing such
                            supplies and facilities of such
                            persons;
                      (D) shall require vendors having direct
                    access to the airfield and aircraft to develop
                    security programs; and
                      (E) may provide for the use of biometric or
                    other technology that positively verifies the
                    identity of each employee and law enforcement
                    officer who enters a secure area of an airport.
        (i) \15\ Authority to Arm Flight Deck Crew With Less-Than-
    Lethal Weapons.--
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        \15\ Sec. 126(b) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 632) added subsec. (i), originally as a
    second subsec. (h). Subsequently, sec. 1406(2) of the Homeland Security
    Act of 2002 (Public Law 107-296; 116 Stat. 2307) redesignated the
    second subsec. (h) as subsec. (i).
    ---------------------------------------------------------------------------
              (1) In general.--If the Under Secretary,\16\ after
            receiving the recommendations of the National Institute
            of Justice, determines, with the approval of the
            Attorney General and the Secretary of State, that it is
            appropriate and necessary and would effectively serve
            the public interest in avoiding air piracy, the Under
            Secretary \3\ may authorize members of the flight deck
            crew on any aircraft providing air transportation or
            intrastate air transportation to carry a less-than-
            lethal weapon while the aircraft is engaged in
            providing such transportation.
    ---------------------------------------------------------------------------
        \16\ Sec. 1405(b) of the Homeland Security Act of 2002 (Public Law
    107-296; 116 Stat. 2307) struck out ``Secretary'' and inserted in lieu
    thereof ``Under Secretary''.
    ---------------------------------------------------------------------------
              (2) Usage.--If the Under Secretary \16\ grants
            authority under paragraph (1) for flight deck crew
            members to carry a less-than-lethal weapon while
            engaged in providing air transportation or intrastate
            air transportation, the Under Secretary \16\ shall--
                      (A) prescribe rules requiring that any such
                    crew member be trained in the proper use of the
                    weapon; and
                      (B) prescribe guidelines setting forth the
                    circumstances under which such weapons may be
                    used.
              (3) \17\ Request of air carriers to use less-than-
            lethal weapons.--If, after the date of enactment of
            this paragraph, the Under Secretary receives a request
            from an air carrier for authorization to allow pilots
            of the air carrier to carry less-than-lethal weapons,
            the Under Secretary shall respond to that request
            within 90 days.
    ---------------------------------------------------------------------------
        \17\ Sec. 1405(a) of the Homeland Security Act of 2002 (Public Law
    107-296; 116 Stat. 2307) added para. (3).
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        (j) \18\ Short-Term Assessment and Deployment of Emerging
    Security Technologies and Procedures.--
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        \18\ Sec. 136 of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 636) added subsec. (j), originally as
    subsec. (i). Subsequently, sec. 1406(1) of the Homeland Security Act of
    2002 (Public Law 107-296; 115 Stat. 2307) redesignated subsec. (i) as
    subsec. (j).
    ---------------------------------------------------------------------------
              (1) In general.--The Under Secretary of
            Transportation for Security shall recommend to airport
            operators, within 6 months after the date of enactment
            of the Aviation and Transportation Security Act,
            commercially available measures or procedures to
            prevent access to secure airport areas by unauthorized
            persons. As part of the 6-month assessment, the Under
            Secretary for Transportation Security shall--
                      (A) review the effectiveness of biometrics
                    systems currently in use at several United
                    States airports, including San Francisco
                    International;
                      (B) review the effectiveness of increased
                    surveillance at access points;
                      (C) review the effectiveness of card- or
                    keypad-based access systems;
                      (D) review the effectiveness of airport
                    emergency exit systems and determine whether
                    those that lead to secure areas of the airport
                    should be monitored or how breaches can be
                    swiftly responded to; and
                      (E) specifically target the elimination of
                    the ``piggy-backing'' phenomenon, where another
                    person follows an authorized person through the
                    access point. The 6-month assessment shall
                    include a 12-month deployment strategy for
                    currently available technology at all category
                    X airports, as defined in the Federal Aviation
                    Administration approved air carrier security
                    programs required under part 108 of title 14,
                    Code of Federal Regulations. Not later than 18
                    months after the date of enactment of this Act,
                    the Secretary of Transportation shall conduct a
                    review of reductions in unauthorized access at
                    these airports.
              (2) Computer-assisted passenger prescreening
            system.--
                      (A) In general.--The Secretary of
                    Transportation shall ensure that the Computer-
                    Assisted Passenger Prescreening System, or any
                    successor system--
                              (i) is used to evaluate all
                            passengers before they board an
                            aircraft; and
                              (ii) includes procedures to ensure
                            that individuals selected by the system
                            and their carry-on and checked baggage
                            are adequately screened.
                      (B) Modifications.--The Secretary of
                    Transportation may modify any requirement under
                    the Computer-Assisted Passenger Prescreening
                    System for flights that originate and terminate
                    within the same State, if the Secretary
                    determines that--
                              (i) the State has extraordinary air
                            transportation needs or concerns due to
                            its isolation and dependence on air
                            transportation; and
                              (ii) the routine characteristics of
                            passengers, given the nature of the
                            market, regularly triggers primary
                            selectee status.
        (k) \19\ Limitation on Liability for Acts To Thwart
    Criminal Violence or Aircraft Piracy.--An individual shall not
    be liable for damages in any action brought in a Federal or
    State court arising out of the acts of the individual in
    attempting to thwart an act of criminal violence or piracy on
    an aircraft if that individual reasonably believed that such an
    act of criminal violence or piracy was occurring or was about
    to occur.
    ---------------------------------------------------------------------------
        \19\ Sec. 144 of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 644) added subsec. (k), originally as a
    third subsec. (h). Subsequently, sec. 1406(3) of the Homeland Security
    Act of 2002 (Public Law 107-296; 116 Stat. 2307) redesignated the third
    subsec. (h) as subsec. (k).
    ---------------------------------------------------------------------------
        (l) \20\ Air Charter Program.--
    ---------------------------------------------------------------------------
        \20\ Sec. 606(a) of the Vision 100--Century of Aviation
    Reauthorization Act (Public Law 108-176; 117 Stat. 2568) added subsec.
    (l).
    ---------------------------------------------------------------------------
              (1) In general.--The Under Secretary for Border and
            Transportation Security of the Department of Homeland
            Security shall implement an aviation security program
            for charter air carriers (as defined in section
            40102(a)) with a maximum certificated takeoff weight of
            more than 12,500 pounds.
              (2) Exemption for armed forces charters.--
                      (A) In general.--Paragraph (1) and the other
                    requirements of this chapter do not apply to
                    passengers and property carried by aircraft
                    when employed to provide charter transportation
                    to members of the armed forces.
                      (B) Security procedures.--The Secretary of
                    Defense, in consultation with the Secretary of
                    Homeland Security and the Secretary of
                    Transportation, shall establish security
                    procedures relating to the operation of
                    aircraft when employed to provide charter
                    transportation to members of the armed forces
                    to or from an airport described in section
                    44903(c).
                      (C) Armed forces defined.--In this paragraph,
                    the term ``armed forces'' has the meaning given
                    that term by section 101(a)(4) of title 10.

    Sec. 44904. Domestic air transportation system security

        (a) Assessing Threats.--The Under Secretary \3\ of
    Transportation for Security \4\ and the Director of the Federal
    Bureau of Investigation jointly shall assess current and
    potential threats to the domestic air transportation system.
    The assessment shall include consideration of the extent to
    which there are individuals with the capability and intent to
    carry out terrorist or related unlawful acts against that
    system and the ways in which those individuals might carry out
    those acts. The Under Secretary \3\ and the Director jointly
    shall decide on and carry out the most effective method for
    continuous analysis and monitoring of security threats to that
    system.
        (b) Assessing Security.--In coordination with the Director,
    the Under Secretary \3\ shall carry out periodic threat and
    vulnerability assessments on security at each airport that is
    part of the domestic air transportation system. Each assessment
    shall include consideration of--
              (1) the adequacy of security procedures related to
            the handling and transportation of checked baggage and
            cargo;
              (2) space requirements for security personnel and
            equipment;
              (3) separation of screened and unscreened passengers,
            baggage, and cargo;
              (4) separation of the controlled and uncontrolled
            areas of airport facilities; and
              (5) coordination of the activities of security
            personnel of the Transportation Security
            Administration,\21\ the United States Customs Service,
            the Immigration and Naturalization Service, and air
            carriers, and of other law enforcement personnel.
    ---------------------------------------------------------------------------
        \21\ Sec. 101(f)(1) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 644) struck out ``the Administration''
    and inserted in lieu thereof ``the Transportation Security
    Administration''.
    ---------------------------------------------------------------------------
        (c) Improving Security.--The Under Secretary \3\ shall take
    necessary actions to improve domestic air transportation
    security by correcting any deficiencies in that security
    discovered in the assessments, analyses, and monitoring carried
    out under this section.

    Sec. 44905. Information about threats to civil aviation

        (a) Providing Information.--Under guidelines the Secretary
    of Transportation prescribes, an air carrier, airport operator,
    ticket agent, or individual employed by an air carrier, airport
    operator, or ticket agent, receiving information (except a
    communication directed by the United States Government) about a
    threat to civil aviation shall provide the information promptly
    to the Secretary.
        (b) Flight Cancellation.--If a decision is made that a
    particular threat cannot be addressed in a way adequate to
    ensure, to the extent feasible, the safety of passengers and
    crew of a particular flight or series of flights, the Under
    Secretary \3\ of Transportation for Security \4\ shall cancel
    the flight or series of flights.
        (c) Guidelines on Public Notice.--(1) The President shall
    develop guidelines for ensuring that public notice is provided
    in appropriate cases about threats to civil aviation. The
    guidelines shall identify officials responsible for--
              (A) deciding, on a case-by-case basis, if public
            notice of a threat is in the best interest of the
            United States and the traveling public;
              (B) ensuring that public notice is provided in a
            timely and effective way, including the use of a toll-
            free telephone number; and
              (C) canceling the departure of a flight or series of
            flights under subsection (b) of this section.
        (2) The guidelines shall provide for consideration of--
              (A) the specificity of the threat;
              (B) the credibility of intelligence information
            related to the threat;
              (C) the ability to counter the threat effectively;
              (D) the protection of intelligence information
            sources and methods;
              (E) cancellation, by an air carrier or the Under
            Secretary,\3\ of a flight or series of flights instead
            of public notice;
              (F) the ability of passengers and crew to take steps
            to reduce the risk to their safety after receiving
            public notice of a threat; and
              (G) other factors the Under Secretary \3\ considers
            appropriate.
        (d) Guidelines on Notice to Crews.--The Under Secretary \3\
    shall develop guidelines for ensuring that notice in
    appropriate cases of threats to the security of an air carrier
    flight is provided to the flight crew and cabin crew of that
    flight.
        (e) Limitation on Notice to Selective Travelers.--Notice of
    a threat to civil aviation may be provided to selective
    potential travelers only if the threat applies only to those
    travelers.
        (f) Restricting Access to Information.--In cooperation with
    the departments, agencies, and instrumentalities of the
    Government that collect, receive, and analyze intelligence
    information related to aviation security, the Under Secretary
    \3\ shall develop procedures to minimize the number of
    individuals who have access to information about threats.
    However, a restriction on access to that information may be
    imposed only if the restriction does not diminish the ability
    of the Government to carry out its duties and powers related to
    aviation security effectively, including providing notice to
    the public and flight and cabin crews under this section.
        (g) Distribution of Guidelines.--The guidelines developed
    under this section shall be distributed for use by appropriate
    officials of the Department of Transportation, the Department
    of State, the Department of Justice, and air carriers.

    Sec. 44906.\22\ Foreign air carrier security programs

        The Under Secretary \3\ of Transportation for Security \4\
    shall continue in effect the requirement of section 129.25 of
    title 14, Code of Federal Regulations, that a foreign air
    carrier must adopt and use a security program approved by the
    Under Secretary.\3\ The Under Secretary \3\ shall not approve a
    security program of a foreign air carrier under section 129.25,
    or any successor regulation, unless the security program
    requires the foreign air carrier in its operations to and from
    airports in the United States to adhere to the identical
    security measures that the Under Secretary \3\ requires air
    carriers serving the same airports to adhere to. The foregoing
    requirement shall not be interpreted to limit the ability of
    the Under Secretary \3\ to impose additional security measures
    on a foreign air carrier or an air carrier when the Under
    Secretary \3\ determines that a specific threat warrants such
    additional measures. The Under Secretary \3\ shall prescribe
    regulations to carry out this section.
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        \22\ Sec. 322 of Public Law 104-132 (110 Stat. 1254) amended and
    restated sec. 44906.
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    Sec. Sec. 44907. Security standards at foreign airports

        (a) Assessment.--(1) At intervals the Secretary of
    Transportation considers necessary, the Secretary shall assess
    the effectiveness of the security measures maintained at--
              (A) a foreign airport--
                      (i) served by an air carrier;
                      (ii) from which a foreign air carrier serves
                    the United States; or
                      (iii) that poses a high risk of introducing
                    danger to international air travel; and
              (B) other foreign airports the Secretary considers
            appropriate.
        (2) The Secretary of Transportation shall conduct an
    assessment under paragraph (1) of this subsection--
              (A) in consultation with appropriate aeronautic
            authorities of the government of a foreign country
            concerned and each air carrier serving the foreign
            airport for which the Secretary is conducting the
            assessment;
              (B) to establish the extent to which a foreign
            airport effectively maintains and carries out security
            measures; and
              (C) by using a standard that will result in an
            analysis of the security measures at the airport based
            at least on the standards and appropriate recommended
            practices contained in Annex 17 to the Convention on
            International Civil Aviation in effect on the date of
            the assessment.
        (3) Each report to Congress required under section 44938(b)
    of this title shall contain a summary of the assessments
    conducted under this subsection.
        (b) Consultation.--In carrying out subsection (a) of this
    section, the Secretary of Transportation shall consult with the
    Secretary of State--
              (1) on the terrorist threat that exists in each
            country; and
              (2) to establish which foreign airports are not under
            the de facto control of the government of the foreign
            country in which they are located and pose a high risk
            of introducing danger to international air travel.
        (c) Notifying Foreign Authorities.--When the Secretary of
    Transportation, after conducting an assessment under subsection
    (a) of this section, decides that an airport does not maintain
    and carry out effective security measures, the Secretary of
    Transportation, after advising the Secretary of State, shall
    notify the appropriate authorities of the government of the
    foreign country of the decision and recommend the steps
    necessary to bring the security measures in use at the airport
    up to the standard used by the Secretary of Transportation in
    making the assessment.
        (d) Actions When Airports Not Maintaining and Carrying Out
    Effective Security Measures.--(1) When the Secretary of
    Transportation decides under this section that an airport does
    not maintain and carry out effective security measures--
              (A) the Secretary of Transportation shall--
                      (i) publish the identity of the airport in
                    the Federal Register;
                      (ii) have the identity of the airport posted
                    and displayed prominently at all United States
                    airports at which scheduled air carrier
                    operations are provided regularly; and
                      (iii) notify the news media of the identity
                    of the airport;
              (B) each air carrier and foreign air carrier
            providing transportation between the United States and
            the airport shall provide written notice of the
            decision, on or with the ticket, to each passenger
            buying a ticket for transportation between the United
            States and the airport;
              (C) notwithstanding section 40105(b) of this title,
            the Secretary of Transportation, after consulting with
            the appropriate aeronautic authorities of the foreign
            country concerned and each air carrier serving the
            airport and with the approval of the Secretary of
            State, may withhold, revoke, or prescribe conditions on
            the operating authority of an air carrier or foreign
            air carrier that uses that airport to provide foreign
            air transportation; and
              (D) the President may prohibit an air carrier or
            foreign air carrier from providing transportation
            between the United States and any other foreign airport
            that is served by aircraft flying to or from the
            airport with respect to which a decision is made under
            this section.
        (2)(A) Paragraph (1) of this subsection becomes effective--
              (i) 90 days after the government of a foreign country
            is notified under subsection (c) of this section if the
            Secretary of Transportation finds that the government
            has not brought the security measures at the airport up
            to the standard the Secretary used in making an
            assessment under subsection (a) of this section; or
              (ii) immediately on the decision of the Secretary of
            Transportation under subsection (c) of this section if
            the Secretary of Transportation decides, after
            consulting with the Secretary of State, that a
            condition exists that threatens the safety or security
            of passengers, aircraft, or crew traveling to or from
            the airport.
        (B) The Secretary of Transportation immediately shall
    notify the Secretary of State of a decision under subparagraph
    (A)(ii) of this paragraph so that the Secretary of State may
    issue a travel advisory required under section 44908(a) of this
    title.
        (3) The Secretary of Transportation promptly shall submit
    to Congress a report (and classified annex if necessary) on
    action taken under paragraph (1) or (2) of this subsection,
    including information on attempts made to obtain the
    cooperation of the government of a foreign country in meeting
    the standard the Secretary used in assessing the airport under
    subsection (a) of this section.
        (4) An action required under paragraph (1)(A) and (B) of
    this subsection is no longer required only if the Secretary of
    Transportation, in consultation with the Secretary of State,
    decides that effective security measures are maintained and
    carried out at the airport. The Secretary of Transportation
    shall notify Congress when the action is no longer required to
    be taken.
        (e) Suspensions.--Notwithstanding sections 40105(b) and
    40106(b) of this title, the Secretary of Transportation, with
    the approval of the Secretary of State and without notice or a
    hearing, shall suspend the right of an air carrier or foreign
    air carrier to provide foreign air transportation, and the
    right of a person to operate aircraft in foreign air commerce,
    to or from a foreign airport when the Secretary of
    Transportation decides that--
              (1) a condition exists that threatens the safety or
            security of passengers, aircraft, or crew traveling to
            or from that airport; and
              (2) the public interest requires an immediate
            suspension of transportation between the United States
            and that airport.
        (f) Condition of Carrier Authority.--This section is a
    condition to authority the Secretary of Transportation grants
    under this part to an air carrier or foreign air carrier.

    Sec. 44908. Travel advisory and suspension of foreign assistance

        (a) Travel Advisories.--On being notified by the Secretary
    of Transportation that the Secretary of Transportation has
    decided under section 44907(d)(2)(A)(ii) of this title that a
    condition exists that threatens the safety or security of
    passengers, aircraft, or crew traveling to or from a foreign
    airport that the Secretary of Transportation has decided under
    section 44907 of this title does not maintain and carry out
    effective security measures, the Secretary of State--
              (1) immediately shall issue a travel advisory for
            that airport; and \23\
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        \23\ Sec. 2224(a) of title XXII of the Omnibus Consolidated and
    Emergency Supplemental Appropriations Act, 1999 (Public Law 105-277;
    112 Stat. 2681-819), inserted ``and'' at the end of para. (1), struck
    out para. (2), and redesignated para. (3) as para. (2). Para. (2) had
    previously read as follows:
        ``(2) shall publish the advisory in the Federal Register; and''.
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              (2) \23\ shall publicize the advisory widely.
        (b) Suspended Assistance.--The President shall suspend
    assistance provided under the Foreign Assistance Act of 1961
    (22 U.S.C. 2151 et seq.) or the Arms Export Control Act (22
    U.S.C. 2751 et seq.) to a country in which is located an
    airport with respect to which section 44907(d)(1) of this title
    becomes effective if the Secretary of State decides the country
    is a high terrorist threat country. The President may waive
    this subsection if the President decides, and reports to
    Congress, that the waiver is required because of national
    security interests or a humanitarian emergency.
        (c) Actions No Longer Required.--An action required under
    this section is no longer required only if the Secretary of
    Transportation has made a decision as provided under section
    44907(d)(4) of this title. The Secretary shall notify Congress
    when the action is no longer required to be taken.

    Sec. 44909. Passenger manifests

        (a) Air Carrier Requirements.--(1) Not later than March 16,
    1991, the Secretary of Transportation shall require each air
    carrier to provide a passenger manifest for a flight to an
    appropriate representative of the Secretary of State--
              (A) not later than one hour after that carrier is
            notified of an aviation disaster outside the United
            States involving that flight; or
              (B) if it is not technologically feasible or
            reasonable to comply with clause (A) of this paragraph,
            then as expeditiously as possible, but not later than 3
            hours after the carrier is so notified.
        (2) The passenger manifest should \24\ include the
    following information:
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        \24\ Sec. 718 of the Wendell H. Ford Aviation Investment and Reform
    Act for the 21st Century (Public Law 106-181; 114 Stat. 163) struck out
    ``shall'' and inserted in lieu thereof ``should''.
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              (A) the full name of each passenger.
              (B) the passport number of each passenger, if
            required for travel.
              (C) the name and telephone number of a contact for
            each passenger.
        (3) In carrying out this subsection, the Secretary of
    Transportation shall consider the necessity and feasibility of
    requiring air carriers to collect passenger manifest
    information as a condition for passengers boarding a flight of
    the carrier.
        (b) Foreign Air Carrier Requirements.--The Secretary of
    Transportation shall consider imposing a requirement on foreign
    air carriers comparable to that imposed on air carriers under
    subsection (a)(1) and (2) of this section.
        (c) \25\ Flights in Foreign Air Transportation to the
    United States.--
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        \25\ Sec. 115 of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 623) added subsec. (c).
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              (1) In general.--Not later than 60 days after the
            date of enactment of the Aviation and Transportation
            Security Act, each air carrier and foreign air carrier
            operating a passenger flight in foreign air
            transportation to the United States shall provide to
            the Commissioner of Customs by electronic transmission
            a passenger and crew manifest containing the
            information specified in paragraph (2). Carriers may
            use the advanced passenger information system
            established under section 431 of the Tariff Act of 1930
            (19 U.S.C. 1431) to provide the information required by
            the preceding sentence.
              (2) Information.--A passenger and crew manifest for a
            flight required under paragraph (1) shall contain the
            following information:
                      (A) The full name of each passenger and crew
                    member.
                      (B) The date of birth and citizenship of each
                    passenger and crew member.
                      (C) The sex of each passenger and crew
                    member.
                      (D) The passport number and country of
                    issuance of each passenger and crew member if
                    required for travel.
                      (E) The United States visa number or resident
                    alien card number of each passenger and crew
                    member, as applicable.
                      (F) Such other information as the Under
                    Secretary, in consultation with the
                    Commissioner of Customs, determines is
                    reasonably necessary to ensure aviation safety.
              (3) Passenger name records.--The carriers shall make
            passenger name record information available to the
            Customs Service upon request.
              (4) Transmission of manifest.--Subject to paragraph
            (5), a passenger and crew manifest required for a
            flight under paragraph (1) shall be transmitted to the
            Customs Service in advance of the aircraft landing in
            the United States in such manner, time, and form as the
            Customs Service prescribes.
              (5) Transmission of manifests to other federal
            agencies.--Upon request, information provided to the
            Under Secretary or the Customs Service under this
            subsection may be shared with other Federal agencies
            for the purpose of protecting national security.

    Sec. 44910. Agreements on aircraft sabotage, aircraft hijacking, and
                        airport security

        The Secretary of State shall seek multilateral and
    bilateral agreement on strengthening enforcement measures and
    standards for compliance related to aircraft sabotage, aircraft
    hijacking, and airport security.

    Sec. 44911. Intelligence

        (a) Definition.--In this section, ``intelligence
    community'' means the intelligence and intelligence-related
    activities of the following units of the United States
    Government:
              (1) the Department of State.
              (2) the Department of Defense.
              (3) the Department of the Treasury.
              (4) the Department of Energy.
              (5) the Departments of the Army, Navy, and Air Force.
              (6) the Central Intelligence Agency.
              (7) the National Security Agency.
              (8) the Defense Intelligence Agency.
              (9) the Federal Bureau of Investigation.
              (10) the Drug Enforcement Administration.
        (b) Policies and Procedures on Report Availability.--The
    head of each unit in the intelligence community shall prescribe
    policies and procedures to ensure that intelligence reports
    about \26\ terrorism are made available, as appropriate, to the
    heads of other units in the intelligence community, the
    Secretary of Transportation, and the Under Secretary \3\ of
    Transportation for Security.\4\
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        \26\ Sec. 102(b) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 605) struck out ``international'' which
    previously appeared at this point.
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        (c) Unit for Strategic Planning on Terrorism.--The heads of
    the units in the intelligence community shall place \27\
    greater emphasis on strategic intelligence efforts by
    establishing a unit for strategic planning on terrorism.
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        \27\ Sec. 102(c) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 605) struck out ``consider placing'' and
    inserted in lieu thereof ``place''.
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        (d) Designation of Intelligence Officer.--At the request of
    the Secretary, the Director of Central Intelligence shall
    designate at least one intelligence officer of the Central
    Intelligence Agency to serve in a senior position in the Office
    of the Secretary.
        (e) Written Working Agreements.--The heads of units in the
    intelligence community, the Secretary, and the Under Secretary
    \3\ shall review and, as appropriate, revise written working
    agreements between the intelligence community and the Under
    Secretary.\3\

    Sec. 44912. Research and development

        (a) Program Requirement.--(1) The Under Secretary \3\ of
    Transportation for Security \4\ shall establish and carry out a
    program to accelerate and expand the research, development, and
    implementation of technologies and procedures to counteract
    terrorist acts against civil aviation. The program shall
    provide for developing and having in place, not later than
    November 16, 1993, new equipment and procedures necessary to
    meet the technological challenges presented by terrorism. The
    program shall include research on, and development of,
    technological improvements and ways to enhance human
    performance.
        (2) In designing and carrying out the program established
    under this subsection, the Under Secretary \3\ shall--
              (A) consult and coordinate activities with other
            departments, agencies, and instrumentalities of the
            United States Government doing similar research;
              (B) identify departments, agencies, and
            instrumentalities that would benefit from that
            research; and
              (C) seek cost-sharing agreements with those
            departments, agencies, and instrumentalities.
        (3) In carrying out the program established under this
    subsection, the Under Secretary \3\ shall review and consider
    the annual reports the Secretary of Transportation submits to
    Congress on transportation security and intelligence.
        (4) \28\ (A) In carrying out the program established under
    this subsection, the Administrator shall designate an
    individual to be responsible for engineering, research, and
    development with respect to security technology under the
    program.
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        \28\ Sec. 112(b)(1) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 620) redesignated para. (4) as para. (5)
    and added a new para. (4).
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              (B) The individual designated under subparagraph (A)
            shall use appropriate systems engineering and risk
            management models in making decisions regarding the
            allocation of funds for engineering, research, and
            development with respect to security technology under
            the program.
              (C) The individual designated under subparagraph (A)
            shall, on an annual basis, submit to the Research,
            Engineering and Development Advisory Committee a report
            on activities under this paragraph during the preceding
            year. Each report shall include, for the year covered
            by such report, information on--
                      (i) progress made in engineering, research,
                    and development with respect to security
                    technology;
                      (ii) the allocation of funds for engineering,
                    research, and development with respect to
                    security technology; and
                      (iii) engineering, research, and development
                    with respect to any technologies drawn from
                    other agencies, including the rationale for
                    engineering, research, and development with
                    respect to such technologies.
        (5) \28\ The Under Secretary \3\ may--
              (A) make grants to institutions of higher learning
            and other appropriate research facilities with
            demonstrated ability to carry out research described in
            paragraph (1) of this subsection, and fix the amounts
            and terms of the grants; and
              (B) make cooperative agreements with governmental
            authorities the Under Secretary \3\ decides are
            appropriate.
        (b) Review of Threats.--(1) The Under Secretary \3\ shall
    periodically review \29\ threats to civil aviation, with
    particular focus on--
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        \29\ Sec. 112(a)(1) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 620) struck out ``complete an intensive
    review of'' and inserted in lieu thereof ``periodically review''.
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              (A) \30\ a comprehensive systems analysis (employing
            vulnerability analysis, threat attribute definition,
            and technology roadmaps) of the civil aviation system,
            including--
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        \30\ Sec. 112(b)(2) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 621) redesignated subparas. (A) through
    (G) as subparas. (B) through (H) and added a new subpara. (A).
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                      (i) the destruction, commandeering, or
                    diversion of civil aircraft or the use of civil
                    aircraft as a weapon; and
                      (ii) the disruption of civil aviation
                    service, including by cyber attack;
              (B) \30\ explosive material that presents the most
            significant threat to civil aircraft;
              (C) \30\ the minimum amounts, configurations, and
            types of explosive material that can cause, or would
            reasonably be expected to cause, catastrophic damage to
            aircraft in air transportation; \31\
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        \31\ Sec. 112(a)(2) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 620) struck out ``commercial aircraft in
    service and expected to be in service in the 10-year period beginning
    on November 16, 1990;'' and inserted in lieu thereof ``aircraft in air
    transportation;''.
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              (D) \30\ the amounts, configurations, and types of
            explosive material that can be detected reliably by
            existing, or reasonably anticipated, near-term
            explosive detection technologies;
              (E) \32\ the potential release of chemical,
            biological, or similar weapons or devices either within
            an aircraft or within an airport;
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        \32\ Sec. 112(a)(3) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 620) added subpara. (E), originally as
    subpara. (D), and redesignated the following subparas. accordingly.
    Subsequently, sec. 112(b)(2) of the Aviation and Transportation
    Security Act (Public Law 107-71; 115 Stat. 621) redesignated subparas.
    (A) through (G) as subparas. (B) through (H).
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              (F) \32\ the feasibility of using various ways to
            minimize damage caused by explosive material that
            cannot be detected reliably by existing, or reasonably
            anticipated, near-term explosive detection
            technologies;
              (G) \32\ the ability to screen passengers, carry-on
            baggage, checked baggage, and cargo; and
              (H) \32\ the technologies that might be used in the
            future to attempt to destroy or otherwise threaten
            commercial aircraft and the way in which those
            technologies can be countered effectively.
        (2) The Under Secretary \3\ shall use the results of the
    review under this subsection to develop the focus and
    priorities of the program established under subsection (a) of
    this section.
        (c) \33\ Scientific Advisory Panel.--(1) The Administrator
    shall establish a scientific advisory panel, as a subcommittee
    of the Research, Engineering, and Development Advisory
    Committee, to review, comment on, advise the progress of, and
    recommend modifications in, the program established under
    subsection (a) of this section, including the need for long-
    range research programs to detect and prevent catastrophic
    damage to commercial aircraft, commercial aviation facilities,
    commercial aviation personnel and passengers, and other
    components of the commercial aviation system by the next
    generation of terrorist weapons.
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        \33\ Sec. 112(b)(3) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 620) amended and restated subsec. (c),
    which previously read as follows:
        ``(c) Scientific Advisory Panel.--The Administrator shall establish
    a scientific advisory panel, as a subcommittee of the Research,
    Engineering and Development Advisory Committee, to review, comment on,
    advise on the progress of, and recommend modifications in, the program
    established under subsection (a) of this section, including the need
    for long-range research programs to detect and prevent catastrophic
    damage to commercial aircraft by the next generation of terrorist
    weapons. The panel shall consist of individuals with scientific and
    technical expertise in--
    ---------------------------------------------------------------------------

      ``(1) the development and testing of effective explosive detection
    systems;

      ``(2) aircraft structure and experimentation to decide on the type and
    minimum weights of explosives that an effective technology must be capable
    of detecting;

      ``(3) technologies involved in minimizing airframe damage to aircraft
    from explosives; and

      ``(4) other scientific and technical areas the Administrator considers
    appropriate.''.

        (2)(A) The advisory panel shall consist of individuals who
    have scientific and technical expertise in--
              (i) the development and testing of effective
            explosive detection systems;
              (ii) aircraft structure and experimentation to decide
            on the type and minimum weights of explosives that an
            effective explosive detection technology must be
            capable of detecting;
              (iii) technologies involved in minimizing airframe
            damage to aircraft from explosives; and
              (iv) other scientific and technical areas the
            Administrator considers appropriate.
        (B) In appointing individuals to the advisory panel, the
    Administrator should consider individuals from academia and the
    national laboratories, as appropriate.
        (3) The Administrator shall organize the advisory panel
    into teams capable of undertaking the review of policies and
    technologies upon request.
        (4) Not later than 90 days after the date of the enactment
    of the Aviation and Transportation Security Act, and every two
    years thereafter, the Administrator shall review the
    composition of the advisory panel in order to ensure that the
    expertise of the individuals on the panel is suited to the
    current and anticipated duties of the panel.

    Sec. 44913. Explosive detection

        (a) Deployment and Purchase of Equipment.--(1) A deployment
    or purchase of explosive detection equipment under section
    108.7(b)(8) or 108.20 of title 14, Code of Federal Regulations,
    or similar regulation is required only if the Under Secretary
    \3\ of Transportation for Security \4\ certifies that the
    equipment alone, or as part of an integrated system, can detect
    under realistic air carrier operating conditions the amounts,
    configurations, and types of explosive material that would
    likely be used to cause catastrophic damage to commercial
    aircraft. The Under Secretary \3\ shall base the certification
    on the results of tests conducted under protocols developed in
    consultation with expert scientists outside of the
    Transportation Security Administration.\34\ Those tests shall
    be completed not later than April 16, 1992.
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        \34\ Sec. 101(f)(2) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 603) struck out ``of the Administration''
    and inserted in lieu thereof ``of the Transportation Security
    Administration''.
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        (2) Before completion of the tests described in paragraph
    (1) of this subsection, but not later than April 16, 1992, the
    Under Secretary \3\ may require deployment of explosive
    detection equipment described in paragraph (1) if the Under
    Secretary \3\ decides that deployment will enhance aviation
    security significantly. In making that decision, the Under
    Secretary \3\ shall consider factors such as the ability of the
    equipment alone, or as part of an integrated system, to detect
    under realistic air carrier operating conditions the amounts,
    configurations, and types of explosive material that would
    likely be used to cause catastrophic damage to commercial
    aircraft. The Under Secretary \3\ shall notify the Committee on
    Commerce, Science, and Transportation of the Senate and the
    Committee on Transportation and Infrastructure \35\ of the
    House of Representatives of a deployment decision made under
    this paragraph.
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        \35\ Sec. 5(9) of Public Law 104-287 (110 Stat. 3389) struck out
    ``Public Works and Transportation'' and inserted in lieu thereof
    ``Transportation and Infrastructure''.
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        (3) \36\ Until such time as the Under Secretary \3\
    determines that equipment certified under paragraph (1) is
    commercially available and has successfully completed
    operational testing as provided in paragraph (1), the Under
    Secretary \3\ shall facilitate the deployment of such approved
    commercially available explosive detection devices as the Under
    Secretary \3\ determines will enhance aviation security
    significantly. The Under Secretary \3\ shall require that
    equipment deployed under this paragraph be replaced by
    equipment certified under paragraph (1) when equipment
    certified under paragraph (1) becomes commercially available.
    The Under Secretary \3\ is authorized , based on operational
    considerations at individual airports, to waive the required
    installation of commercially available equipment under
    paragraph (1) in the interests of aviation security. The Under
    Secretary \3\ may permit the requirements of this paragraph to
    be met at airports by the deployment of dogs or other
    appropriate animals to supplement equipment for screening
    passengers, baggage, mail, or cargo for explosives or weapons.
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        \36\ Sec. 305(a) of Public Law 104-264 (110 Stat. 3252)
    redesignated para. (3) as para. (4), and added a new para. (3).
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        (4) \36\ This subsection does not prohibit the Under
    Secretary \3\ from purchasing or deploying explosive detection
    equipment described in paragraph (1) of this subsection.
        (b) Grants.--The Secretary of Transportation may provide
    grants to continue the Explosive Detection K-9 Team Training
    Program to detect explosives at airports and on aircraft.

    Sec. 44914. Airport construction guidelines

        In consultation with air carriers, airport authorities, and
    others the Under Secretary \3\ of Transportation for Security
    \4\ considers appropriate, the Under Secretary \3\ shall
    develop guidelines for airport design and construction to allow
    for maximum security enhancement. In developing the guidelines,
    the Under Secretary \3\ shall consider the results of the
    assessment carried out under section 44904(a) of this title.

    Sec. 44915. Exemptions

        The Under Secretary \3\ of Transportation for Security \4\
    may exempt from sections 44901, 44903(a)-(c) and (e), 44906,
    44935, and 44936 of this title airports in Alaska served only
    by air carriers that--
              (1) hold certificates issued under section 41102 of
            this title;
              (2) operate aircraft with certificates for a maximum
            gross takeoff weight of less than 12,500 pounds; and
              (3) board passengers, or load property intended to be
            carried in an aircraft cabin, that will be screened
            under section 44901 of this title at another airport in
            Alaska before the passengers board, or the property is
            loaded on, an aircraft for a place outside Alaska.

    Sec. 44916.\37\ Assessments and evaluations

        (a) Periodic Assessments.--The Under Secretary of
    Transportation Security \38\ shall require each air carrier and
    airport (including the airport owner or operator in cooperation
    with the air carriers and vendors serving each airport) that
    provides for intrastate, interstate, or foreign air
    transportation to conduct periodic vulnerability assessments of
    the security systems of that air carrier or airport,
    respectively. The Transportation Security Administration \39\
    shall perform periodic audits of such assessments.
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        \37\ Sec. 312(a) of Public Law 104-264 (110 Stat. 3254) added sec.
    44916.
        \38\ Sec. 101(f)(A) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 603) struck out ``Administrator'' and
    inserted in lieu thereof ``Under Secretary of Transportation
    Security''.
        \39\ Sec. 101(f)(B) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 603) struck out ``Administration'' and
    inserted in lieu thereof ``Transportation Security Administration''.
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        (b) Investigations.--The Under Secretary \3\ shall conduct
    periodic and unannounced inspections of security systems of
    airports and air carriers to determine the effectiveness and
    vulnerabilities of such systems. To the extent allowable by
    law, the Under Secretary \3\ may provide for anonymous tests of
    those security systems.

    Sec. 44917.\40\ Deployment of Federal air marshals

        (a) In General.--The Under Secretary of Transportation for
    Security under the authority provided by section 44903(d)
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        \40\ Sec. 105 of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 606) added sec. 44917.
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              (1) may provide for deployment of Federal air
            marshals on every passenger flight of air carriers in
            air transportation or intrastate air transportation;
              (2) shall provide for deployment of Federal air
            marshals on every such flight determined by the
            Secretary to present high security risks;
              (3) shall provide for appropriate training,
            supervision, and equipment of Federal air marshals;
              (4) shall require air carriers providing flights
            described in paragraph (1) to provide seating for a
            Federal air marshal on any such flight without regard
            to the availability of seats on the flight and at no
            cost to the United States Government or the marshal;
              (5) may require air carriers to provide, on a space-
            available basis, to an off-duty Federal air marshal a
            seat on a flight to the airport nearest the marshal's
            home at no cost to the marshal or the United States
            Government if the marshal is traveling to that airport
            after completing his or her security duties;
              (6) may enter into agreements with Federal, State,
            and local agencies under which appropriately-trained
            law enforcement personnel from such agencies, when
            traveling on a flight of an air carrier, will carry a
            firearm and be prepared to assist Federal air marshals;
              (7) shall establish procedures to ensure that Federal
            air marshals are made aware of any armed or unarmed law
            enforcement personnel on board an aircraft; and
              (8) may appoint--
                      (A) an individual who is a retired law
                    enforcement officer;
                      (B) an individual who is a retired member of
                    the Armed Forces; and
                      (C) an individual who has been furloughed
                    from an air carrier crew position in the 1-year
                    period beginning on September 11, 2001, as a
                    Federal air marshal, regardless of age, if the
                    individual otherwise meets the background and
                    fitness qualifications required for Federal air
                    marshals.
        (b) Long Distance Flights.--In making the determination
    under subsection (a)(2), nonstop, long distance flights, such
    as those targeted on September 11, 2001, should be a priority.
        (c) Interim Measures.--Until the Under Secretary completes
    implementation of subsection (a), the Under Secretary may use,
    after consultation with and concurrence of the heads of other
    Federal agencies and departments, personnel from those agencies
    and departments, on a nonreimbursable basis, to provide air
    marshal service.

    Sec. 44918.\41\ Crew training

        (a) Basic Security Training.--
              (1) In general.--Each air carrier providing scheduled
            passenger air transportation shall carry out a training
            program for flight and cabin crew members to prepare
            the crew members for potential threat conditions.
    ---------------------------------------------------------------------------
        \41\ Sec. 603 of the Vision 100--Century of Aviation
    Reauthorization Act (Public Law 108-176; 117 Stat. 2563) amended and
    restated sec. 44918, which had originally been added by sec. 107 of the
    Aviation and Transportation Security Act (Public Law 107-71; 115 Stat.
    610), and further amended by sec. 1403(a) of the Homeland Security Act
    of 2002 (Public law 107-296; 116 Stat. 2305).
    ---------------------------------------------------------------------------
              (2) Program elements.--An air carrier training
            program under this subsection shall include, at a
            minimum, elements that address each of the following:
                      (A) Recognizing suspicious activities and
                    determining the seriousness of any occurrence.
                      (B) Crew communication and coordination.
                      (C) The proper commands to give passengers
                    and attackers.
                      (D) Appropriate responses to defend oneself.
                      (E) Use of protective devices assigned to
                    crew members (to the extent such devices are
                    required by the Administrator of the Federal
                    Aviation Administration or the Under Secretary
                    for Border and Transportation Security of the
                    Department of Homeland Security).
                      (F) Psychology of terrorists to cope with
                    hijacker behavior and passenger responses.
                      (G) Situational training exercises regarding
                    various threat conditions.
                      (H) Flight deck procedures or aircraft
                    maneuvers to defend the aircraft and cabin crew
                    responses to such procedures and maneuvers.
                      (I) The proper conduct of a cabin search,
                    including explosive device recognition.
                      (J) Any other subject matter considered
                    appropriate by the Under Secretary.
              (3) Approval.--An air carrier training program under
            this subsection shall be subject to approval by the
            Under Secretary.
              (4) Minimum standards.--Not later than one year after
            the date of enactment of the Vision 100--Century of
            Aviation Reauthorization Act, the Under Secretary may
            establish minimum standards for the training provided
            under this subsection and for recurrent training.
              (5) Existing programs.--Notwithstanding paragraphs
            (3) and (4), any training program of an air carrier to
            prepare flight and cabin crew members for potential
            threat conditions that was approved by the
            Administrator or the Under Secretary before the date of
            enactment of the Vision 100--Century of Aviation
            Reauthorization Act may continue in effect until
            disapproved or ordered modified by the Under Secretary.
              (6) Monitoring.--The Under Secretary, in consultation
            with the Administrator, shall monitor air carrier
            training programs under this subsection and
            periodically shall review an air carrier's training
            program to ensure that the program is adequately
            preparing crew members for potential threat conditions.
            In determining when an air carrier's training program
            should be reviewed under this paragraph, the Under
            Secretary shall consider complaints from crew members.
            The Under Secretary shall ensure that employees
            responsible for monitoring the training programs have
            the necessary resources and knowledge.
              (7) Updates.--The Under Secretary, in consultation
            with the Administrator, shall order air carriers to
            modify training programs under this subsection to
            reflect new or different security threats.
        (b) Advanced Self-Defense Training.--
              (1) In general.--Not later than one year after the
            date of enactment of the Vision 100--Century of
            Aviation Reauthorization Act, the Under Secretary shall
            develop and provide a voluntary training program for
            flight and cabin crew members of air carriers providing
            scheduled passenger air transportation.
              (2) Program elements.--The training program under
            this subsection shall include both classroom and
            effective hands-on training in the following elements
            of self-defense:
                      (A) Deterring a passenger who might present a
                    threat.
                      (B) Advanced control, striking, and restraint
                    techniques.
                      (C) Training to defend oneself against edged
                    or contact weapons.
                      (D) Methods to subdue and restrain an
                    attacker.
                      (E) Use of available items aboard the
                    aircraft for self-defense.
                      (F) Appropriate and effective responses to
                    defend oneself, including the use of force
                    against an attacker.
                      (G) Any other element of training that the
                    Under Secretary considers appropriate.
              (3) Participation not required.--A crew member shall
            not be required to participate in the training program
            under this subsection.
              (4) Compensation.--Neither the Federal Government nor
            an air carrier shall be required to compensate a crew
            member for participating in the training program under
            this subsection.
              (5) Fees.--A crew member shall not be required to pay
            a fee for the training program under this subsection.
              (6) Consultation.--In developing the training program
            under this subsection, the Under Secretary shall
            consult with law enforcement personnel and security
            experts who have expertise in self-defense training,
            terrorism experts, representatives of air carriers, the
            director of self-defense training in the Federal Air
            Marshals Service, flight attendants, labor
            organizations representing flight attendants, and
            educational institutions offering law enforcement
            training programs.
              (7) Designation of tsa official.--The Under Secretary
            shall designate an official in the Transportation
            Security Administration to be responsible for
            implementing the training program under this
            subsection. The official shall consult with air
            carriers and labor organizations representing crew
            members before implementing the program to ensure that
            it is appropriate for situations that may arise on
            board an aircraft during a flight.
        (c) Limitation.--Actions by crew members under this section
    shall be subject to the provisions of section 44903(k).

    Sec. 44919.\42\ Security screening pilot program

        (a) Establishment of Program.--The Under Secretary shall
    establish a pilot program under which, upon approval of an
    application submitted by an operator of an airport, the
    screening of passengers and property at the airport under
    section 44901 will be carried out by the screening personnel of
    a qualified private screening company under a contract entered
    into with the Under Secretary.
    ---------------------------------------------------------------------------
        \42\ Sec. 108(a) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 611) added secs. 44919 and 44920.
    ---------------------------------------------------------------------------
        (b) Period of Pilot Program.--The pilot program under this
    section shall begin on the last day of the 1-year period
    beginning on the date of enactment of this section and end on
    the last day of the 3-year period beginning on such date of
    enactment.
        (c) Applications.--An operator of an airport may submit to
    the Under Secretary an application to participate in the pilot
    program under this section.
        (d) Selection of Airports.--From among applications
    submitted under subsection (c), the Under Secretary may select
    for participation in the pilot program not more than 1 airport
    from each of the 5 airport security risk categories, as defined
    by the Under Secretary.
        (e) Supervision of Screened Personnel.--The Under Secretary
    shall provide Federal Government supervisors to oversee all
    screening at each airport participating in the pilot program
    under this section and provide Federal Government law
    enforcement officers at the airport pursuant to this chapter.
        (f) Qualified Private Screening Company.--A private
    screening company is qualified to provide screening services at
    an airport participating in the pilot program under this
    section if the company will only employ individuals to provide
    such services who meet all the requirements of this chapter
    applicable to Federal Government personnel who perform
    screening services at airports under this chapter and will
    provide compensation and other benefits to such individuals
    that are not less than the level of compensation and other
    benefits provided to such Federal Government personnel in
    accordance with this chapter.
        (g) Standards for Private Screening Companies.--The Under
    Secretary may enter into a contract with a private screening
    company to provide screening at an airport participating in the
    pilot program under this section only if the Under Secretary
    determines and certifies to Congress that the private screening
    company is owned and controlled by a citizen of the United
    States, to the extent that the Under Secretary determines that
    there are private screening companies owned and controlled by
    such citizens.
        (h) Termination of Contracts.--The Under Secretary may
    terminate any contract entered into with a private screening
    company to provide screening services at an airport under the
    pilot program if the Under Secretary finds that the company has
    failed repeatedly to comply with any standard, regulation,
    directive, order, law, or contract applicable to the hiring or
    training of personnel to provide such services or to the
    provision of screening at the airport.
        (i) Election.--If a contract is in effect with respect to
    screening at an airport under the pilot program on the last day
    of the 3-year period beginning on the date of enactment of this
    section, the operator of the airport may elect to continue to
    have such screening carried out by the screening personnel of a
    qualified private screening company under a contract entered
    into with the Under Secretary under section 44920 or by Federal
    Government personnel in accordance with this chapter.

    Sec. 44920.\42\ Security screening opt-out program

        (a) In General.--On or after the last day of the 2-year
    period beginning on the date on which the Under Secretary
    transmits to Congress the certification required by section
    110(c) of the Aviation and Transportation Security Act, an
    operator of an airport may submit to the Under Secretary an
    application to have the screening of passengers and property at
    the airport under section 44901 to be carried out by the
    screening personnel of a qualified private screening company
    under a contract entered into with the Under Secretary.
        (b) Approval of Applications.--The Under Secretary may
    approve any application submitted under subsection (a).
        (c) Qualified Private Screening Company.--A private
    screening company is qualified to provide screening services at
    an airport under this section if the company will only employ
    individuals to provide such services who meet all the
    requirements of this chapter applicable to Federal Government
    personnel who perform screening services at airports under this
    chapter and will provide compensation and other benefits to
    such individuals that are not less than the level of
    compensation and other benefits provided to such Federal
    Government personnel in accordance with this chapter.
        (d) Standards for Private Screening Companies.--The Under
    Secretary may enter into a contract with a private screening
    company to provide screening at an airport under this section
    only if the Under Secretary determines and certifies to
    Congress that--
              (1) the level of screening services and protection
            provided at the airport under the contract will be
            equal to or greater than the level that would be
            provided at the airport by Federal Government personnel
            under this chapter; and
              (2) the private screening company is owned and
            controlled by a citizen of the United States, to the
            extent that the Under Secretary determines that there
            are private screening companies owned and controlled by
            such citizens.
        (e) Supervision of Screened Personnel.--The Under Secretary
    shall provide Federal Government supervisors to oversee all
    screening at each airport at which screening services are
    provided under this section and provide Federal Government law
    enforcement officers at the airport pursuant to this chapter.
        (f) Termination of Contracts.--The Under Secretary may
    terminate any contract entered into with a private screening
    company to provide screening services at an airport under this
    section if the Under Secretary finds that the company has
    failed repeatedly to comply with any standard, regulation,
    directive, order, law, or contract applicable to the hiring or
    training of personnel to provide such services or to the
    provision of screening at the airport.
        (g) \43\ Operator of Airport.--Notwithstanding any other
    provision of law, an operator of an airport shall not be liable
    for any claims for damages filed in State or Federal court
    (including a claim for compensatory, punitive, contributory, or
    indemnity damages) relating to--
    ---------------------------------------------------------------------------
        \43\ Sec. 547 of the Department of Homeland Security Appropriations
    Act, 2006 (Public Law 109-90; 119 Stat. 2089), added subsec. (g).
    ---------------------------------------------------------------------------
              (1) such airport operator's decision to submit an
            application to the Secretary of Homeland Security under
            subsection (a) or section 44919 or such airport
            operator's decision not to submit an application; and
              (2) any act of negligence, gross negligence, or
            intentional wrongdoing by--
                      (A) a qualified private screening company or
                    any of its employees in any case in which the
                    qualified private screening company is acting
                    under a contract entered into with the
                    Secretary of Homeland Security or the
                    Secretary's designee; or
                      (B) employees of the Federal Government
                    providing passenger and property security
                    screening services at the airport.
              (3) Nothing in this section shall relieve any airport
            operator from liability for its own acts or omissions
            related to its security responsibilities, nor except as
            may be provided by the Support Anti-Terrorism by
            Fostering Effective Technologies Act of 2002 shall it
            relieve any qualified private screening company or its
            employees from any liability related to its own acts of
            negligence, gross negligence, or intentional
            wrongdoing.

    Sec. 44921.\44\ Federal flight deck officer program

        (a) Establishment.--The Under Secretary of Transportation
    for Security shall establish a program to deputize volunteer
    pilots of air carriers providing \45\ air transportation or
    intrastate \45\ air transportation as Federal law enforcement
    officers to defend the flight decks of aircraft of such air
    carriers against acts of criminal violence or air piracy. Such
    officers shall be known as ``Federal flight deck officers''.
    ---------------------------------------------------------------------------
        \44\ Sec. 1402(a) of the Homeland Security Act of 2002 (Public Law
    107-296; 116 Stat. 2300) added sec. 44921.
        \45\ Sec. 609(b) of the Vision 100--Century of Aviation
    Reauthorization Act (Public Law 108-176; 117 Stat. 2570) struck out
    ``passenger'' that previously appeared at this point.
    ---------------------------------------------------------------------------
        (b) Procedural Requirements.--
              (1) In general.--Not later than 3 months after the
            date of enactment of this section, the Under Secretary
            shall establish procedural requirements to carry out
            the program under this section.
              (2) Commencement of program.--Beginning 3 months
            after the date of enactment of this section, the Under
            Secretary shall begin the process of training and
            deputizing pilots who are qualified to be Federal
            flight deck officers as Federal flight deck officers
            under the program.
              (3) Issues to be addressed.--The procedural
            requirements established under paragraph (1) shall
            address the following issues:
                      (A) The type of firearm to be used by a
                    Federal flight deck officer.
                      (B) The type of ammunition to be used by a
                    Federal flight deck officer.
                      (C) The standards and training needed to
                    qualify and requalify as a Federal flight deck
                    officer.
                      (D) The placement of the firearm of a Federal
                    flight deck officer on board the aircraft to
                    ensure both its security and its ease of
                    retrieval in an emergency.
                      (E) An analysis of the risk of catastrophic
                    failure of an aircraft as a result of the
                    discharge (including an accidental discharge)
                    of a firearm to be used in the program into the
                    avionics, electrical systems, or other
                    sensitive areas of the aircraft.
                      (F) The division of responsibility between
                    pilots in the event of an act of criminal
                    violence or air piracy if only 1 pilot is a
                    Federal flight deck officer and if both pilots
                    are Federal flight deck officers.
                      (G) Procedures for ensuring that the firearm
                    of a Federal flight deck officer does not leave
                    the cockpit if there is a disturbance in the
                    passenger cabin of the aircraft or if the pilot
                    leaves the cockpit for personal reasons.
                      (H) Interaction between a Federal flight deck
                    officer and a Federal air marshal on board the
                    aircraft.
                      (I) The process for selection of pilots to
                    participate in the program based on their
                    fitness to participate in the program,
                    including whether an additional background
                    check should be required beyond that required
                    by section 44936(a)(1).
                      (J) Storage and transportation of firearms
                    between flights, including international
                    flights, to ensure the security of the
                    firearms, focusing particularly on whether such
                    security would be enhanced by requiring storage
                    of the firearm at the airport when the pilot
                    leaves the airport to remain overnight away
                    from the pilot's base airport.
                      (K) Methods for ensuring that security
                    personnel ill be able to identify whether a
                    pilot is authorized to carry a firearm under
                    the program.
                      (L) Methods for ensuring that pilots
                    (including Federal flight deck officers) will
                    be able to identify whether a passenger is a
                    law enforcement officer who is authorized to
                    carry a firearm aboard the aircraft.
                      (M) Any other issues that the Under Secretary
                    considers necessary.
                      (N) The Under Secretary's decisions regarding
                    the methods for implementing each of the
                    foregoing procedural requirements shall be
                    subject to review only for abuse of discretion.
              (4) Preference.--In selecting pilots to participate
            in the program, the Under Secretary shall give
            preference to pilots who are former military or law
            enforcement personnel.
              (5) Classified information.--Notwithstanding section
            552 of title 5 but subject to section 40119 of this
            title, information developed under paragraph (3)(E)
            shall not be disclosed.
              (6) Notice to congress.--The Under Secretary shall
            provide notice to the Committee on Transportation and
            Infrastructure of the House of Representatives and the
            Committee on Commerce, Science, and Transportation of
            the Senate after completing the analysis required by
            paragraph (3)(E).
              (7) Minimization of risk.--If the Under Secretary
            determines as a result of the analysis under paragraph
            (3)(E) that there is a significant risk of the
            catastrophic failure of an aircraft as a result of the
            discharge of a firearm, the Under Secretary shall take
            such actions as may be necessary to minimize that risk.
        (c) Training, Supervision, and Equipment.--
              (1) In general.--The Under Secretary shall only be
            obligated to provide the training, supervision, and
            equipment necessary for a pilot to be a Federal flight
            deck officer under this section at no expense to the
            pilot or the air carrier employing the pilot.
              (2) Training.--
                      (A) In general.--The Under Secretary shall
                    base the requirements for the training of
                    Federal flight deck officers under subsection
                    (b) on the training standards applicable to
                    Federal air marshals; except that the Under
                    Secretary shall take into account the differing
                    roles and responsibilities of Federal flight
                    deck officers and Federal air marshals.
                      (B) Elements.--The training of a Federal
                    flight deck officer shall include, at a
                    minimum, the following elements:
                              (i) Training to ensure that the
                            officer achieves the level of
                            proficiency with a firearm required
                            under subparagraph (C)(i).
                              (ii) Training to ensure that the
                            officer maintains exclusive control
                            over the officer's firearm at all
                            times, including training in defensive
                            maneuvers.
                              (iii) Training to assist the officer
                            in determining when it is appropriate
                            to use the officer's firearm and when
                            it is appropriate to use less than
                            lethal force.
                      (C) Training in use of firearms.--
                              (i) Standard.--In order to be
                            deputized as a Federal flight deck
                            officer, a pilot must achieve a level
                            of proficiency with a firearm that is
                            required by the Under Secretary. Such
                            level shall be comparable to the level
                            of proficiency required of Federal air
                            marshals.
                              (ii) Conduct of training.--The
                            training of a Federal flight deck
                            officer in the use of a firearm may be
                            conducted by the Under Secretary or by
                            a firearms training facility approved
                            by the Under Secretary.
                              (iii) Requalification.--The Under
                            Secretary shall require a Federal
                            flight deck officer to requalify to
                            carry a firearm under the program. Such
                            requalification shall occur at an
                            interval required by the Under
                            Secretary.
        (d) Deputization.--
              (1) In general.--The Under Secretary may deputize, as
            a Federal flight deck officer under this section, a
            pilot who submits to the Under Secretary a request to
            be such an officer and whom the Under Secretary
            determines is qualified to be such an officer.
              (2) Qualification.--A pilot is qualified to be a
            Federal flight deck officer under this section if--
                      (A) the pilot is employed by an air carrier;
                      (B) the Under Secretary determines (in the
                    Under Secretary's discretion) that the pilot
                    meets the standards established by the Under
                    Secretary for being such an officer; and
                      (C) the Under Secretary determines that the
                    pilot has completed the training required by
                    the Under Secretary.
              (3) Deputization by other federal agencies.--The
            Under Secretary may request another Federal agency to
            deputize, as Federal flight deck officers under this
            section, those pilots that the Under Secretary
            determines are qualified to be such officers.
              (4) Revocation.--The Under Secretary may, (in the
            Under Secretary's discretion) revoke the deputization
            of a pilot as a Federal flight deck officer if the
            Under Secretary finds that the pilot is no longer
            qualified to be such an officer.
        (e) Compensation.--Pilots participating in the program
    under this section shall not be eligible for compensation from
    the Federal Government for services provided as a Federal
    flight deck officer. The Federal Government and air carriers
    shall not be obligated to compensate a pilot for participating
    in the program or for the pilot's training or qualification and
    requalification to carry firearms under the program.
        (f) Authority To Carry Firearms.--
              (1) In general.--The Under Secretary shall authorize
            a Federal flight deck officer to carry a firearm while
            engaged in providing air transportation or intrastate
            air transportation. Notwithstanding subsection (c)(1),
            the officer may purchase a firearm and carry that
            firearm aboard an aircraft of which the officer is the
            pilot in accordance with this section if the firearm is
            of a type that may be used under the program.
              (2) Preemption.--Notwithstanding any other provision
            of Federal or State law, a Federal flight deck officer,
            whenever necessary to participate in the program, may
            carry a firearm in any State and from 1 State to
            another State.
              (3) Carrying firearms outside united states.--In
            consultation with the Secretary of State, the Under
            Secretary may take such action as may be necessary to
            ensure that a Federal flight deck officer may carry a
            firearm in a foreign country whenever necessary to
            participate in the program.
        (g) Authority To Use Force.--Notwithstanding section
    44903(d), the Under Secretary shall prescribe the standards and
    circumstances under which a Federal flight deck officer may
    use, while the program under this section is in effect, force
    (including lethal force) against an individual in the defense
    of the flight deck of an aircraft in air transportation or
    intrastate air transportation.
        (h) Limitation on Liability.--
              (1) Liability of air carriers.--An air carrier shall
            not be liable for damages in any action brought in a
            Federal or State court arising out of a Federal flight
            deck officer's use of or failure to use a firearm.
              (2) Liability of federal flight deck officers.--A
            Federal flight deck officer shall not be liable for
            damages in any action brought in a Federal or State
            court arising out of the acts or omissions of the
            officer in defending the flight deck of an aircraft
            against acts of criminal violence or air piracy unless
            the officer is guilty of gross negligence or willful
            misconduct.
              (3) Liability of federal government.--For purposes of
            an action against the United States with respect to an
            act or omission of a Federal flight deck officer in
            defending the flight deck of an aircraft, the officer
            shall be treated as an employee of the Federal
            Government under chapter 171 of title 28, relating to
            tort claims procedure.
        (i) Procedures Following Accidental Discharges.--If an
    accidental discharge of a firearm under the pilot program
    results in the injury or death of a passenger or crew member on
    an aircraft, the Under Secretary--
              (1) shall revoke the deputization of the Federal
            flight deck officer responsible for that firearm if the
            Under Secretary determines that the discharge was
            attributable to the negligence of the officer; and
              (2) if the Under Secretary determines that a
            shortcoming in standards, training, or procedures was
            responsible for the accidental discharge, the Under
            Secretary may temporarily suspend the program until the
            shortcoming is corrected.
        (j) Limitation on Authority of Air Carriers.--No air
    carrier shall prohibit or threaten any retaliatory action
    against a pilot employed by the air carrier from becoming a
    Federal flight deck officer under this section. No air carrier
    shall--
              (1) prohibit a Federal flight deck officer from
            piloting an aircraft operated by the air carrier; or
              (2) terminate the employment of a Federal flight deck
            officer, solely on the basis of his or her volunteering
            for or participating in the program under this section.
        (k) Applicability.--
              (1) Exemption.--This section shall not apply to air
            carriers operating under part 135 of title 14, Code of
            Federal Regulations, and to pilots employed by such
            carriers to the extent that such carriers and pilots
            are covered by section 135.119 of such title or any
            successor to such section.
              (2) Pilot defined.--The term ``pilot'' means an
            individual who has final authority and responsibility
            for the operation and safety of the flight or any other
            flight deck crew member; \46\
    ---------------------------------------------------------------------------
        \46\ Sec. 609(b)(2) of the Vision 100--Century of Aviation
    Reauthorization Act (Public Law 108-176; 117 Stat. 2570) struck out
    ``or, if more than 1 pilot is required for the operation of the
    aircraft or by the regulations under which the flight is being
    conducted, the individual designated as second in command'', and
    inserted in lieu thereof ``or any other flight deck crew member''.
    ---------------------------------------------------------------------------
              (3) \47\ All-cargo air transportation.--In this
            section, the term ``air transportation'' includes all-
            cargo air transportation.
    ---------------------------------------------------------------------------
        \47\ Sec. 609(b)(3) of the Vision 100--Century of Aviation
    Reauthorization Act (Public Law 108-176; 117 Stat. 2570) added para.
    (3).
    ---------------------------------------------------------------------------

    Sec. 44922.\48\ Deputation of State and local law enforcement officers

        (a) Deputation Authority.--The Under Secretary of
    Transportation for Security may deputize a State or local law
    enforcement officer to carry out Federal airport security
    duties under this chapter.
    ---------------------------------------------------------------------------
        \48\ Sec. 351 of the Consolidated Appropriations Resolution, 2003
    (Public Law 108-7; 117 Stat. 419), added sec. 44922.
    ---------------------------------------------------------------------------
        (b) Fulfillment of Requirements.--A State or local law
    enforcement officer who is deputized under this section shall
    be treated as a Federal law enforcement officer for purposes of
    meeting the requirements of this chapter and other provisions
    of law to provide Federal law enforcement officers to carry out
    Federal airport security duties.
        (c) Agreements.--To deputize a State or local law
    enforcement officer under this section, the Under Secretary
    shall enter into a voluntary agreement with the appropriate
    State or local law enforcement agency that employs the State or
    local law enforcement officer.
        (d) Reimbursement.--
              (1) In general.--The Under Secretary shall reimburse
            a State or local law enforcement agency for all
            reasonable, allowable, and allocable costs incurred by
            the State or local law enforcement agency with respect
            to a law enforcement officer deputized under this
            section.
              (2) Authorization of appropriations.--There are
            authorized to be appropriated such sums as may be
            necessary to carry out this subsection.
        (e) Federal Tort Claims Act.--A State or local law
    enforcement officer who is deputized under this section shall
    be treated as an ``employee of the Government'' for purposes of
    sections 1346(b), 2401(b), and chapter 171 of title 28, United
    States Code, while carrying out Federal airport security duties
    within the course and scope of the officer's employment,
    subject to Federal supervision and control, and in accordance
    with the terms of such deputation.
        (f) Stationing of Officers.--The Under Secretary may allow
    law enforcement personnel to be stationed other than at the
    airport security screening location if that would be preferable
    for law enforcement purposes and if such personnel would still
    be able to provide prompt responsiveness to problems occurring
    at the screening location.

    Sec. 44923.\49\ Airport security improvement projects

        (a) Grant Authority.--Subject to the requirements of this
    section, the Under Secretary for Border and Transportation
    Security of the Department of Homeland Security may make grants
    to airport sponsors--
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        \49\ Sec. 605(a) of the Vision 100--Century of Aviation
    Reauthorization Act (Public Law 108-176; 117 Stat. 2566) added sec.
    44923.
    ---------------------------------------------------------------------------
              (1) for projects to replace baggage conveyer systems
            related to aviation security;
              (2) for projects to reconfigure terminal baggage
            areas as needed to install explosive detection systems;
              (3) for projects to enable the Under Secretary to
            deploy explosive detection systems behind the ticket
            counter, in the baggage sorting area, or in line with
            the baggage handling system; and
              (4) for other airport security capital improvement
            projects.
        (b) Applications.--A sponsor seeking a grant under this
    section shall submit to the Under Secretary an application in
    such form and containing such information as the Under
    Secretary prescribes.
        (c) Approval.--The Under Secretary, after consultation with
    the Secretary of Transportation, may approve an application of
    a sponsor for a grant under this section only if the Under
    Secretary determines that the project will improve security at
    an airport or improve the efficiency of the airport without
    lessening security.
        (d) Letters of Intent.--
              (1) Issuance.--The Under Secretary may issue a letter
            of intent to a sponsor committing to obligate from
            future budget authority an amount, not more than the
            Federal Government's share of the project's cost, for
            an airport security improvement project (including
            interest costs and costs of formulating the project).
              (2) Schedule.--A letter of intent under this
            subsection shall establish a schedule under which the
            Under Secretary will reimburse the sponsor for the
            Government's share of the project's costs, as amounts
            become available, if the sponsor, after the Under
            Secretary issues the letter, carries out the project
            without receiving amounts under this section.
              (3) Notice to under secretary.--A sponsor that has
            been issued a letter of intent under this subsection
            shall notify the Under Secretary of the sponsor's
            intent to carry out a project before the project
            begins.
              (4) Notice to congress.--The Under Secretary shall
            transmit to the Committees on Appropriations and
            Transportation and Infrastructure of the House of
            Representatives and the Committees on Appropriations
            and Commerce, Science and Transportation of the Senate
            a written notification at least 3 days before the
            issuance of a letter of intent under this section.
              (5) Limitations.--A letter of intent issued under
            this subsection is not an obligation of the Government
            under section 1501 of title 31, and the letter is not
            deemed to be an administrative commitment for
            financing. An obligation or administrative commitment
            may be made only as amounts are provided in
            authorization and appropriations laws.
              (6) Statutory construction.--Nothing in this
            subsection shall be construed to prohibit the
            obligation of amounts pursuant to a letter of intent
            under this subsection in the same fiscal year as the
            letter of intent is issued.
        (e) Federal Share.--
              (1) In general.--The Government's share of the cost
            of a project under this section shall be 90 percent for
            a project at a medium or large hub airport and 95
            percent for a project at any other airport.
              (2) Existing letters of intent.--The Under Secretary
            shall revise letters of intent issued before the date
            of enactment of this section to reflect the cost share
            established in this subsection with respect to grants
            made after September 30, 2003.
        (f) Sponsor Defined.--In this section, the term ``sponsor''
    has the meaning given that term in section 47102.
        (g) Applicability of Certain Requirements.--The
    requirements that apply to grants and letters of intent issued
    under chapter 471 (other than section 47102(3)) shall apply to
    grants and letters of intent issued under this section.
        (h) Aviation Security Capital Fund.--
              (1) In general.--There is established within the
            Department of Homeland Security a fund to be known as
            the Aviation Security Capital Fund. The first
            250,000,000 derived from fees received under section
            44940(a)(1) in each of fiscal years 2004 through 2007
            shall be available to be deposited in the Fund. The
            Under Secretary shall impose the fee authorized by
            section 44940(a)(1) so as to collect at least
            250,000,000 in each of such fiscal years for deposit
            into the Fund. Amounts in the Fund shall be available
            to the Under Secretary to make grants under this
            section.
              (2) Allocations.--Of the amount made available under
            paragraph (1) for a fiscal year, 125,000,000 shall be
            allocated in such a manner that--
                      (A) 40 percent shall be made available for
                    large hub airports;
                      (B) 20 percent shall be made available for
                    medium hub airports;
                      (C) 15 percent shall be made available for
                    small hub airports and nonhub airports; and
                      (D) 25 percent shall be distributed by the
                    Secretary to any airport on the basis of
                    aviation security risks.
              (3) Discretionary grants.--Of the amount made
            available under paragraph (1) for a fiscal year,
            $125,000,000 shall be used to make discretionary
            grants, with priority given to fulfilling intentions to
            obligate under letters of intent issued under
            subsection (d).
        (i) Authorization of Appropriations.--
              (1) In general.--In addition to amounts made
            available under subsection (h), there is authorized to
            be appropriated to carry out this section $250,000,000
            for each of fiscal years 2004 through 2007. Such sums
            shall remain available until expended.
              (2) Allocations.--50 percent of amounts appropriated
            pursuant to this subsection for a fiscal year shall be
            used for making allocations under subsection (h)(2) and
            50 percent of such amounts shall be used for making
            discretionary grants under subsection (h)(3).

    Sec. 44924.\50\ Repair station security

        (a) Security Review and Audit.--To ensure the security of
    maintenance and repair work conducted on air carrier aircraft
    and components at foreign repair stations, the Under Secretary
    for Border and Transportation Security of the Department of
    Homeland Security, in consultation with the Administrator of
    the Federal Aviation Administration, shall complete a security
    review and audit of foreign repair stations that are certified
    by the Administrator under part 145 of title 14, Code of
    Federal Regulations, and that work on air carrier aircraft and
    components. The review shall be completed not later than 18
    months after the date on which the Under Secretary issues
    regulations under subsection (f).
    ---------------------------------------------------------------------------
        \50\ Sec. 611(b)(1) of the Vision 100--Century of Aviation
    Reauthorization Act (Public Law 108-176; 117 Stat. 2571) added sec.
    44924.
    ---------------------------------------------------------------------------
        (b) Addressing Security Concerns.--The Under Secretary
    shall require a foreign repair station to address the security
    issues and vulnerabilities identified in a security audit
    conducted under subsection (a) within 90 days of providing
    notice to the repair station of the security issues and
    vulnerabilities so identified and shall notify the
    Administrator that a deficiency was identified in the security
    audit.
        (c) Suspensions and Revocations of Certificates.--
              (1) Failure to carry out effective security
            measures.--If, after the 90th day on which a notice is
            provided to a foreign repair station under subsection
            (b), the Under Secretary determines that the foreign
            repair station does not maintain and carry out
            effective security measures, the Under Secretary shall
            notify the Administrator of the determination. Upon
            receipt of the determination, the Administrator shall
            suspend the certification of the repair station until
            such time as the Under Secretary determines that the
            repair station maintains and carries out effective
            security measures and transmits the determination to
            the Administrator.
              (2) Immediate security risk.--If the Under Secretary
            determines that a foreign repair station poses an
            immediate security risk, the Under Secretary shall
            notify the Administrator of the determination. Upon
            receipt of the determination, the Administrator shall
            revoke the certification of the repair station.
              (3) Procedures for appeals.--The Under Secretary, in
            consultation with the Administrator, shall establish
            procedures for appealing a revocation of a certificate
            under this subsection.
        (d) Failure To Meet Audit Deadline.--If the security audits
    required by subsection (a) are not completed on or before the
    date that is 18 months after the date on which the Under
    Secretary issues regulations under subsection (f), the
    Administrator shall be barred from certifying any foreign
    repair station until such audits are completed for existing
    stations.
        (e) Priority for Audits.--In conducting the audits
    described in subsection (a), the Under Secretary and the
    Administrator shall give priority to foreign repair stations
    located in countries identified by the Government as posing the
    most significant security risks.
        (f) Regulations.--Not later than 240 days after the date of
    enactment of this section, the Under Secretary, in consultation
    with the Administrator, shall issue final regulations to ensure
    the security of foreign and domestic aircraft repair stations.
        (g) Report to Congress.--If the Under Secretary does not
    issue final regulations before the deadline specified in
    subsection (f), the Under Secretary shall transmit to the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Commerce, Science, and
    Transportation of the Senate a report containing an explanation
    as to why the deadline was not met and a schedule for issuing
    the final regulations.
              * * * * * * *

                  subchapter ii--administration and personnel

    Sec. 44931.\51\ Director of Intelligence and Security * * * [Repealed--
                        2001]
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        \51\ Sec. 101(f)(6) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 603) repealed secs. 44931 and 44932.
    ---------------------------------------------------------------------------

    Sec. 44932.\51\ Assistant Administrator for Civil Aviation Security * *
                        * [Repealed--2001]

    Sec. 44933.\52\ Federal Security Managers

        (a) Establishment, Designation, and Stationing.--The Under
    Secretary of Transportation for Security shall establish the
    position of Federal Security Manager at each airport in the
    United States described in section 44903(c). The Under
    Secretary shall designate individuals as Managers for, and
    station those Managers at, those airports.
    ---------------------------------------------------------------------------
        \52\ Sec. 103 of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 605) amended and restated sec. 44933.
    ---------------------------------------------------------------------------
        (b) Duties and Powers.--The Manager at each airport shall--
              (1) oversee the screening of passengers and property
            at the airport; and
              (2) carry out other duties prescribed by the Under
            Secretary.

    Sec. 44934. Foreign Security Liaison Officers

        (a) Establishment, Designation, and Stationing.--The Under
    Secretary \3\ of Transportation for Security \4\ shall
    establish the position of Foreign Security Liaison Officer for
    each airport outside the United States at which the Under
    Secretary \3\ decides an Officer is necessary for air
    transportation security. In coordination with the Secretary of
    State, the Under Secretary \3\ shall designate an Officer for
    each of those airports. In coordination with the Secretary, the
    Under Secretary \3\ shall designate an Officer for each of
    those airports where extraordinary security measures are in
    place. The Secretary shall give high priority to stationing
    those Officers.
        (b) Duties and Powers.--An Officer reports directly to the
    Under Secretary.\53\ The Officer at each airport shall--
    ---------------------------------------------------------------------------
        \53\ Sec. 101(f)(4) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 603) struck out ``Assistant Administrator
    for Civil Aviation Security'' and inserted in lieu thereof ``Under
    Secretary''.
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              (1) serve as the liaison of the Assistant
            Administrator to foreign security authorities
            (including governments of foreign countries and foreign
            airport authorities) in carrying out United States
            Government security requirements at that airport; and
              (2) to the extent practicable, carry out duties and
            powers referred to in section 44933(b) of this title.
        (c) Coordination of Activities.--The activities of each
    Officer shall be coordinated with the chief of the diplomatic
    mission of the United States to which the Officer is assigned.
    Activities of an Officer under this section shall be consistent
    with the duties and powers of the Secretary and the chief of
    mission to a foreign country under section 103 of the Omnibus
    Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
    4802) and section 207 of the Foreign Service Act of 1980 (22
    U.S.C. 3927).

    Sec. 44935. Employment standards and training

        (a) Employment Standards.--The Under Secretary \3\ of
    Transportation for Security \4\ shall prescribe standards for
    the employment and continued employment of, and contracting
    for, air carrier personnel and, as appropriate, airport
    security personnel. The standards shall include--
              (1) minimum training requirements for new employees;
              (2) retraining requirements;
              (3) minimum staffing levels;
              (4) minimum language skills; and
              (5) minimum education levels for employees, when
            appropriate.
        (b) Review and Recommendations.--In coordination with air
    carriers, airport operators, and other interested persons, the
    Under Secretary \3\ shall review issues related to human
    performance in the aviation security system to maximize that
    performance. When the review is completed, the Under Secretary
    \3\ shall recommend guidelines and prescribe appropriate
    changes in existing procedures to improve that performance.
        (c) Security Program Training, Standards, and
    Qualifications.--(1) The Under Secretary-- \3\
              (A) may train individuals employed to carry out a
            security program under section 44903(c) of this title;
            and
              (B) shall prescribe uniform training standards and
            uniform minimum qualifications for individuals eligible
            for that training.
        (2) The Under Secretary \3\ may authorize reimbursement for
    travel, transportation, and subsistence expenses for security
    training of non-United States Government domestic and foreign
    individuals whose services will contribute significantly to
    carrying out civil aviation security programs. To the extent
    practicable, air travel reimbursed under this paragraph shall
    be on air carriers.
        (d) Education and Training Standards for Security
    Coordinators, Supervisory Personnel, and Pilots.--(1) The Under
    Secretary \3\ shall prescribe standards for educating and
    training--
              (A) ground security coordinators;
              (B) security supervisory personnel; and
              (C) airline pilots as in-flight security
            coordinators.
        (2) The standards shall include initial training,
    retraining, and continuing education requirements and methods.
    Those requirements and methods shall be used annually to
    measure the performance of ground security coordinators and
    security supervisory personnel.
        (e) \54\ Security Screeners.--
    ---------------------------------------------------------------------------
        \54\ Sec. 111(a) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 616) struck out subsec. (e), redesignated
    subsec. (f) as subsec. (i), and added new subsecs. (e) through (j).
    Subsec. (f), as redesignated as subsec. (i), became a second subsec.
    (i), and probably should have been redesignated as subsec. (k).
    ---------------------------------------------------------------------------
              (1) Training program.--The Under Secretary of
            Transportation for Security shall establish a program
            for the hiring and training of security screening
            personnel.
              (2) Hiring.--
                      (A) Qualifications.--Within 30 days after the
                    date of enactment of the Aviation and
                    Transportation Security Act, the Under
                    Secretary shall establish qualification
                    standards for individuals to be hired by the
                    United States as security screening personnel.
                    Notwithstanding any provision of law, those
                    standards shall require, at a minimum, an
                    individual--
                              (i) to have a satisfactory or better
                            score on a Federal security screening
                            personnel selection examination;
                              (ii) to be a citizen of the United
                            States or a national of the United
                            States, as defined in section
                            1101(a)(22) of the Immigration and
                            Nationality Act (8 U.S.C. 1101(a)(22));
                            \55\
    ---------------------------------------------------------------------------
        \55\ Sec. 1603 of the Homeland Security Act of 2002 (Public Law
    107-296; 116 Stat. 2313) struck out ``citizen of the United States''
    and inserted in lieu thereof ``citizen of the United States or a
    national of the United States, as defined in section 1101(a)(22) of the
    Immigration and Nationality Act (8 U.S.C. 1101(a)(22))''.
    ---------------------------------------------------------------------------
                              (iii) to meet, at a minimum, the
                            requirements set forth in subsection
                            (f);
                              (iv) to meet such other
                            qualifications as the Under Secretary
                            may establish; and
                              (v) to have the ability to
                            demonstrate daily a fitness for duty
                            without any impairment due to illegal
                            drugs, sleep deprivation, medication,
                            or alcohol.
                      (B) Background checks.--The Under Secretary
                    shall require that an individual to be hired as
                    a security screener undergo an employment
                    investigation (including a criminal history
                    record check) under section 44936(a)(1).
                      (C) Disqualification of individuals who
                    present national security risks.--The Under
                    Secretary, in consultation with the heads of
                    other appropriate Federal agencies, shall
                    establish procedures, in addition to any
                    background check conducted under section 44936,
                    to ensure that no individual who presents a
                    threat to national security is employed as a
                    security screener.
              (3) Examination; review of existing rules.--The Under
            Secretary shall develop a security screening personnel
            examination for use in determining the qualification of
            individuals seeking employment as security screening
            personnel. The Under Secretary shall also review, and
            revise as necessary, any standard, rule, or regulation
            governing the employment of individuals as security
            screening personnel.
        (f) \54\ Employment Standards for Screening Personnel.--
              (1) Screener requirements.--Notwithstanding any
            provision of law, an individual may not be deployed as
            a security screener unless that individual meets the
            following requirements:
                      (A) The individual shall possess a high
                    school diploma, a general equivalency diploma,
                    or experience that the Under Secretary has
                    determined to be sufficient for the individual
                    to perform the duties of the position.
                      (B) The individual shall possess basic
                    aptitudes and physical abilities, including
                    color perception, visual and aural acuity,
                    physical coordination, and motor skills, to the
                    following standards:
                              (i) Screeners operating screening
                            equipment shall be able to distinguish
                            on the screening equipment monitor the
                            appropriate imaging standard specified
                            by the Under Secretary.
                              (ii) Screeners operating any
                            screening equipment shall be able to
                            distinguish each color displayed on
                            every type of screening equipment and
                            explain what each color signifies.
                              (iii) Screeners shall be able to hear
                            and respond to the spoken voice and to
                            audible alarms generated by screening
                            equipment in an active checkpoint
                            environment.
                              (iv) Screeners performing physical
                            searches or other related operations
                            shall be able to efficiently and
                            thoroughly manipulate and handle such
                            baggage, containers, and other objects
                            subject to security processing.
                              (v) Screeners who perform pat-downs
                            or hand-held metal detector searches of
                            individuals shall have sufficient
                            dexterity and capability to thoroughly
                            conduct those procedures over an
                            individual's entire body.
                      (C) The individual shall be able to read,
                    speak, and write English well enough to--
                              (i) carry out written and oral
                            instructions regarding the proper
                            performance of screening duties;
                              (ii) read English language
                            identification media, credentials,
                            airline tickets, and labels on items
                            normally encountered in the screening
                            process;
                              (iii) provide direction to and
                            understand and answer questions from
                            English-speaking individuals undergoing
                            screening; and
                              (iv) write incident reports and
                            statements and log entries into
                            security records in the English
                            language.
                      (D) The individual shall have satisfactorily
                    completed all initial, recurrent, and
                    appropriate specialized training required by
                    the security program, except as provided in
                    paragraph (3).
              (2) Veterans preference.--The Under Secretary shall
            provide a preference for the hiring of an individual as
            a security screener if the individual is a member or
            former member of the armed forces and if the individual
            is entitled, under statute, to retired, retirement, or
            retainer pay on account of service as a member of the
            armed forces.
              (3) Exceptions.--An individual who has not completed
            the training required by this section may be deployed
            during the on-the-job portion of training to perform
            functions if that individual--
                      (A) is closely supervised; and
                      (B) does not make independent judgments as to
                    whether individuals or property may enter a
                    sterile area or aircraft without further
                    inspection.
              (4) Remedial training.--No individual employed as a
            security screener may perform a screening function
            after that individual has failed an operational test
            related to that function until that individual has
            successfully completed the remedial training specified
            in the security program.
              (5) Annual proficiency review.--The Under Secretary
            shall provide that an annual evaluation of each
            individual assigned screening duties is conducted and
            documented. An individual employed as a security
            screener may not continue to be employed in that
            capacity unless the evaluation demonstrates that the
            individual--
                      (A) continues to meet all qualifications and
                    standards required to perform a screening
                    function;
                      (B) has a satisfactory record of performance
                    and attention to duty based on the standards
                    and requirements in the security program; and
                      (C) demonstrates the current knowledge and
                    skills necessary to courteously, vigilantly,
                    and effectively perform screening functions.
              (6) Operational testing.--In addition to the annual
            proficiency review conducted under paragraph (5), the
            Under Secretary shall provide for the operational
            testing of such personnel.
        (g) \54\ Training.--
              (1) Use of other agencies.--The Under Secretary may
            enter into a memorandum of understanding or other
            arrangement with any other Federal agency or department
            with appropriate law enforcement responsibilities, to
            provide personnel, resources, or other forms of
            assistance in the training of security screening
            personnel.
              (2) Training plan.--Within 60 days after the date of
            enactment of the Aviation and Transportation Security
            Act, the Under Secretary shall develop a plan for the
            training of security screening personnel. The plan
            shall require, at a minimum, that a security screener--
                      (A) has completed 40 hours of classroom
                    instruction or successfully completed a program
                    that the Under Secretary determines will train
                    individuals to a level of proficiency
                    equivalent to the level that would be achieved
                    by such classroom instruction;
                      (B) has completed 60 hours of on-the-job
                    instructions; and
                      (C) has successfully completed an on-the-job
                    training examination prescribed by the Under
                    Secretary.
              (3) Equipment-specific training.--An individual
            employed as a security screener may not use any
            security screening device or equipment in the scope of
            that individual's employment unless the individual has
            been trained on that device or equipment and has
            successfully completed a test on the use of the device
            or equipment.
        (h) \54\ Technological Training.--
              (1) In general.--The Under Secretary shall require
            training to ensure that screeners are proficient in
            using the most up-to-date new technology and to ensure
            their proficiency in recognizing new threats and
            weapons.
              (2) Periodic assessments.--The Under Secretary shall
            make periodic assessments to determine if there are
            dual use items and inform security screening personnel
            of the existence of such items.
              (3) Current lists of dual use items.--Current lists
            of dual use items shall be part of the ongoing training
            for screeners.
              (4) Dual use defined.--For purposes of this
            subsection, the term ``dual use'' item means an item
            that may seem harmless but that may be used as a
            weapon.
        (i) \54\ Limitation on Right To Strike.--An individual that
    screens passengers or property, or both, at an airport under
    this section may not participate in a strike, or assert the
    right to strike, against the person (including a governmental
    entity) employing such individual to perform such screening.
        (j) \54\ Uniforms.--The Under Secretary shall require any
    individual who screens passengers and property pursuant to
    section 44901 to be attired while on duty in a uniform approved
    by the Under Secretary.
        (i) \54\ Accessibility of Computer-Based Training
    Facilities.--The Administrator shall work with air carriers and
    airports to ensure that computer-based training facilities
    intended for use by security screeners at an airport regularly
    serving an air carrier holding a certificate issued by the
    Secretary of Transportation are conveniently located for that
    airport and easily accessible.

    Sec. 44936. Employment investigations and restrictions

        (a) Employment Investigation Requirement.--(1)(A) \56\ The
    Under Secretary \3\ of Transportation for Security \4\ shall
    require by regulation that an employment investigation,
    including a criminal history record check and a review of
    available law enforcement data bases and records of other
    governmental and international agencies to the extent
    determined practicable by the Under Secretary of Transportation
    for Transportation Security,,\57\ shall be conducted,\58\ of
    each individual employed in, or applying for, a position as a
    security screener under section 44935(e) or a position \59\ in
    which the individual has unescorted access, or may permit other
    individuals to have unescorted access, to--
    ---------------------------------------------------------------------------
        \56\ Sec. 304(a) of Public Law 104-264 (110 Stat. 3251)
    redesignated subparas. (A) and (B) as clauses (i) and (ii), added new
    subpara. designation (A) in para. (1), and added new subparas. (B),
    (C), and (D).
        Subsequently, sec. 2(c)(3) of the Airport Security Improvement Act
    of 2000 (Public Law 106-528; 114 Stat. 2518) added subpara. (E).
        Subsequently, sec. 138(a) of the Aviation and Transportation
    Security Act (Public Law 107-71; 115 Stat. 639) struck out subparas.
    (C), (D), and (E) and added a new subpara. (C).
        \57\ Sec. 138(a)(1) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 639) inserted ``and a review of available
    law enforcement data bases and records of other governmental and
    international agencies to the extent determined practicable by the
    Under Secretary of Transportation for Transportation Security,'',
    resulting in the double comma.
        \58\ Sec. 2(c)(1) of the Airport Security Improvement Act of 2000
    (Public Law 106-528; 114 Stat. 2517) struck out ``as the Administrator
    decides is necessary to ensure air transportation security,''.
        \59\ Sec. 111(b)(1) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 620) inserted ``as a security screener
    under section 44935(e) or a position''.
    ---------------------------------------------------------------------------
              (i) \56\ aircraft of an air carrier or foreign air
            carrier; or
              (ii) \56\ a secured area of an airport in the United
            States the Under Secretary \3\ designates that serves
            an air carrier or foreign air carrier.
        (B) \56\ The Under Secretary \3\ shall require by
    regulation that an employment investigation (including a
    criminal history record check and a review of available law
    enforcement data bases and records of other governmental and
    international agencies to the extent determined practicable by
    the Under Secretary of Transportation for Transportation
    Security) \60\ be conducted for--
    ---------------------------------------------------------------------------
        \60\ Sec. 138(a)(2) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 639) stuck out ``in any case described in
    subparagraph (C)'' and inserted in lieu thereof ``and a review of
    available law enforcement data bases and records of other governmental
    and international agencies to the extent determined practicable by the
    Under Secretary of Transportation for Transportation Security''.
    ---------------------------------------------------------------------------
              (i) individuals who are \61\ responsible for
            screening passengers or property under section 44901 of
            this title;
    ---------------------------------------------------------------------------
        \61\ Sec. 138(a)(3) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 639) struck out ``will be'' and inserted
    in lieu thereof ``are''.
    ---------------------------------------------------------------------------
              (ii) supervisors of the individuals described in
            clause (i); \62\
    ---------------------------------------------------------------------------
        \62\ Sec. 138(a) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 639) struck out ``and'' at the end of
    clause (ii), redesignated clause (iii) as clause (iv), and inserted a
    new clause (iii).
    ---------------------------------------------------------------------------
              (iii) \62\ individuals who regularly have escorted
            access to aircraft of an air carrier or foreign air
            carrier or a secured area of an airport in the United
            States the Administrator designates that serves an air
            carrier or foreign air carrier; and
              (iv) \62\ such other individuals who exercise
            security functions associated with baggage or cargo, as
            the Under Secretary \3\ determines is necessary to
            ensure air transportation security.
        (C) \56\ Background checks of current employees.--
              (i) A new background check (including a criminal
            history record check and a review of available law
            enforcement data bases and records of other
            governmental and international agencies to the extent
            determined practicable by the Under Secretary of
            Transportation for Transportation Security shall be
            required for any individual who is employed in a
            position described in subparagraphs (A) and (B) on the
            date of enactment of the Aviation and Transportation
            Security Act.
              (ii) The Under Secretary may provide by order
            (without regard to the provisions of chapter 5 of title
            5, United States Code) for a phased-in implementation
            of the requirements of this subparagraph.
        (D) \63\ Exemption.--An employment investigation, including
    a criminal history record check, shall not be required under
    this subsection for an individual who is exempted under section
    107.31(m)(1) or (2) \64\ of title 14, Code of Federal
    Regulations, as in effect on November 22, 2000. The Under
    Secretary shall work with the International Civil Aviation
    Organization and with appropriate authorities of foreign
    countries to ensure that individuals exempted under this
    subparagraph do not pose a threat to aviation or national
    security.\65\
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        \63\ Sec. 2(c)(3) of the Airport Security Improvement Act of 2000
    (Public Law 106-528; 114 Stat. 2518) added subpara. (D), originally as
    subpara. (F). Subsequently, sec. 138(a)(7) of the Aviation and
    Transportation Security Act (Public Law 107-71; 115 Stat. 639) struck
    out subparas. (C) through (E), added a new subpara. (C), and
    redesignated subpara. (F) as subpara. (D).
        \64\ Sec. 138(a)(9) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 640) struck out ``107.31(m)'' and
    inserted in lieu thereof ``107.31(m)(1) or (2)''.
        \65\ Sec. 138(a)(10) of the Aviation and Transportation Security
    Act (Public Law 107-71; 115 Stat. 640) struck out ``the date of
    enactment of this subparagraph.'' and inserted in lieu thereof
    ``November 22, 2000. The Under Secretary shall work with the
    International Civil Aviation Organization and with appropriate
    authorities of foreign countries to ensure that individuals exempted
    under this subparagraph do not pose a threat to aviation or national
    security.''.
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        (2) An air carrier, foreign air carrier, airport operator,
    or government \66\ that employs, or authorizes or makes a
    contract for the services of, an individual in a position
    described in paragraph (1) of this subsection shall ensure that
    the investigation the Under Secretary \3\ requires is
    conducted.
    ---------------------------------------------------------------------------
        \66\ Sec. 138(a)(11) of the Aviation and Transportation Security
    Act (Public Law 107-71; 115 Stat. 640) struck out ``carrier, or airport
    operator'' and inserted in lieu thereof ``carrier, foreign air carrier,
    airport operator, or government''.
    ---------------------------------------------------------------------------
        (3) \67\ The Under Secretary \3\ shall provide for the
    periodic audit of the effectiveness of criminal history record
    checks conducted under paragraph (1) of this subsection.
    ---------------------------------------------------------------------------
        \67\ Sec. 306 of Public Law 104-264 (110 Stat. 3252) added para.
    (3).
    ---------------------------------------------------------------------------
        (b) Prohibited Employment.--(1) Except as provided in
    paragraph (3) of this subsection, an air carrier, foreign air
    carrier, airport operator, or government \68\ may not employ,
    or authorize or make a contract for the services of, an
    individual in a position described in subsection (a)(1) of this
    section if--
    ---------------------------------------------------------------------------
        \68\ Sec. 138(a)(12) of the Aviation and Transportation Security
    Act (Public Law 107-71; 115 Stat. 640) struck out ``carrier, or airport
    operator'' and inserted in lieu thereof ``carrier, airport operator, or
    government''.
    ---------------------------------------------------------------------------
              (A) the investigation of the individual required
            under this section has not been conducted; or
              (B) the results of that investigation establish that,
            in the 10-year period ending on the date of the
            investigation, the individual was convicted (or found
            not guilty by reason of insanity) \69\ of--
    ---------------------------------------------------------------------------
        \69\ Sec. 2(d)(1) of the Airport Security Improvement Act of 2000
    (Public Law 106-528; 114 Stat. 2518) inserted ``(or found not guilty by
    reason of insanity)''.
    ---------------------------------------------------------------------------
                      (i) a crime referred to in section 46306,
                    46308, 46312, 46314, or 46315 or chapter 465 of
                    this title or section 32 of title 18;
                      (ii) murder;
                      (iii) assault with intent to murder;
                      (iv) espionage;
                      (v) sedition;
                      (vi) treason;
                      (vii) rape;
                      (viii) kidnapping;
                      (ix) unlawful possession, sale, distribution,
                    or manufacture of an explosive or weapon;
                      (x) extortion;
                      (xi) armed or felony unarmed \70\ robbery;
    ---------------------------------------------------------------------------
        \70\ Sec. 2(d)(2) of the Airport Security Improvement Act of 2000
    (Public Law 106-528; 114 Stat. 2518) inserted ``or felony unarmed''.
    ---------------------------------------------------------------------------
                      (xii) distribution of, or intent to
                    distribute, a controlled substance; \71\
    ---------------------------------------------------------------------------
        \71\ Sec. 2(d) of the Airport Security Improvement Act of 2000
    (Public Law 106-528; 114 Stat. 2518) struck out ``or'' at the end of
    clause (xii), redesignated clause (xiii) as clause (xv), and added new
    clauses (xiii) and (xiv).
    ---------------------------------------------------------------------------
                      (xiii) \71\ a felony involving a threat;
                      (xiv) \71\ a felony involving--
                              (I) willful destruction of property;
                              (II) importation or manufacture of a
                            controlled substance;
                              (III) burglary;
                              (IV) theft;
                              (V) dishonesty, fraud, or
                            misrepresentation;
                              (VI) possession or distribution of
                            stolen property;
                              (VII) aggravated assault;
                              (VIII) bribery; and
                              (IX) illegal possession of a
                            controlled substance punishable by a
                            maximum term of imprisonment of more
                            than 1 year, or any other crime
                            classified as a felony that the Under
                            Secretary \3\ determines indicates a
                            propensity for placing contraband
                            aboard an aircraft in return for money;
                            or
                      (xv) \71\ conspiracy to commit any of the
                    acts referred to in clauses (i) through
                    (xiv).\72\
    ---------------------------------------------------------------------------
        \72\ Sec. 2(d)(5) of the Airport Security Improvement Act of 2000
    (Public Law 106-528; 114 Stat. 2518) struck out ``clauses (i)-(xii) of
    this paragraph'' and inserted in lieu thereof ``clauses (i) through
    (xiv)''.
    ---------------------------------------------------------------------------
        (2) The Under Secretary \3\ may specify other factors that
    are sufficient to prohibit the employment of an individual in a
    position described in subsection (a)(1) of this section.
        (3) An air carrier, foreign air carrier, airport operator,
    or government \73\ may employ, or authorize or contract for the
    services of, an individual in a position described in
    subsection (a)(1) of this section without carrying out the
    investigation required under this section, if the Under
    Secretary \3\ approves a plan to employ the individual that
    provides alternate security arrangements.
    ---------------------------------------------------------------------------
        \73\ Sec. 138(a)(13) of the Aviation and Transportation Security
    Act (Public Law 107-71; 115 Stat. 640) struck out ``carrier, or airport
    operator'' and inserted in lieu thereof ``carrier, airport operator, or
    government''.
    ---------------------------------------------------------------------------
        (c) Fingerprinting and Record Check Information.--(1) If
    the Under Secretary \3\ requires an identification and criminal
    history record check, to be conducted by the Attorney General,
    as part of an investigation under this section, the Under
    Secretary \3\ shall designate an individual to obtain
    fingerprints and submit those fingerprints to the Attorney
    General. The Attorney General may make the results of a check
    available to an individual the Under Secretary \3\ designates.
    Before designating an individual to obtain and submit
    fingerprints or receive results of a check, the Under Secretary
    \3\ shall consult with the Attorney General. All Federal
    agencies shall cooperate with the Under Secretary and the Under
    Secretary's designee in the process of collecting and
    submitting fingerprints.\74\
    ---------------------------------------------------------------------------
        \74\ Sec. 138(a)(14) of the Aviation and Transportation Security
    Act (Public Law 107-71; 115 Stat. 640) added this sentence.
    ---------------------------------------------------------------------------
        (2) The Under Secretary \3\ shall prescribe regulations
    on--
              (A) procedures for taking fingerprints; and
              (B) requirements for using information received from
            the Attorney General under paragraph (1) of this
            subsection--
                      (i) to limit the dissemination of the
                    information; and
                      (ii) to ensure that the information is used
                    only to carry out this section.
        (3) If an identification and criminal history record check
    is conducted as part of an investigation of an individual under
    this section, the individual--
              (A) shall receive a copy of any record received from
            the Attorney General; and
              (B) may complete and correct the information
            contained in the check before a final employment
            decision is made based on the check.
        (d) Fees and Charges.--The Under Secretary \3\ and the
    Attorney General shall establish reasonable fees and charges to
    pay expenses incurred in carrying out this section. The
    employer of the individual being investigated shall pay the
    costs of a record check of the individual. Money collected
    under this section shall be credited to the account in the
    Treasury from which the expenses were incurred and are
    available to the Under Secretary \3\ and the Attorney General
    for those expenses.
        (e) When Investigation or Record Check Not Required.--This
    section does not require an investigation or record check when
    the investigation or record check is prohibited by a law of a
    foreign country.\75\
    ---------------------------------------------------------------------------
        \75\ Sec. 138(b) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 640) redesignated subsecs. (f) through
    (h) as subsecs. (h) through (j) and moved them to 49 U.S.C. 44703.
    Subsec. (h), as redesignated, relates to records of employment of pilot
    applicants, subsec. (i) relates to limitation on liability and the
    preemption of state law, and subsec. (j) relates to limitation on
    statutory construction.
    ---------------------------------------------------------------------------

    Sec. 44937. Prohibition on transferring duties and powers

        Except as specifically provided by law, the Under Secretary
    \3\ of Transportation for Security \4\ may not transfer a duty
    or power under section 44903(a), (b), (c), or (e), 44906,\76\
    44912, 44935, 44936, or 44938(b)(3) of this title to another
    department, agency, or instrumentality of the United States
    Government.
    ---------------------------------------------------------------------------
        \76\ Sec. 6(57) of Public Law 103-429 (108 Stat. 4385) struck out
    ``44906(a) or (b)'' and inserted in lieu thereof ``44906''.
    ---------------------------------------------------------------------------

    Sec. 44938. Reports

        (a) Transportation Security.--Not later than March 31 \77\
    of each year, the Secretary of Transportation shall submit to
    Congress a report on transportation security with
    recommendations the Secretary considers appropriate. The report
    shall be prepared in conjunction with the biennial \78\ report
    the Under Secretary \3\ of Transportation for Security \4\
    submits under subsection (b) of this section in each year the
    Under Secretary \3\ submits the biennial report,\78\ but may
    not duplicate the information submitted under subsection (b) or
    section 44907(a)(3) of this title. The Secretary may submit the
    report in classified and unclassified parts. The report shall
    include--
    ---------------------------------------------------------------------------
        \77\ Sec. 502 of Public Law 103-305 (108 Stat. 1595) struck out
    ``December 31'' and inserted in lieu thereof ``March 31''.
        \78\ Sec. 1502(b)(1) of the Federal Reports Elimination Act of 1998
    (Public Law 105-362; 110 Stat. 3295) struck out ``annual'', inserted in
    lieu thereof ``biennial'', and inserted ``in each year the
    Administrator submits the biennial report''. Sec. 101(f)(7) of Public
    Law 107-71 (115 Stat. 603) subsequently struck out ``Administrator''
    and inserted in lieu thereof ``Under Secretary''.
    ---------------------------------------------------------------------------
              (1) an assessment of trends and developments in
            terrorist activities, methods, and other threats to
            transportation;
              (2) an evaluation of deployment of explosive
            detection devices;
              (3) recommendations for research, engineering, and
            development activities related to transportation
            security, except research engineering and development
            activities related to aviation security to the extent
            those activities are covered by the national aviation
            research plan required under section 44501(c) of this
            title;
              (4) identification and evaluation of cooperative
            efforts with other departments, agencies, and
            instrumentalities of the United States Government;
              (5) an evaluation of cooperation with foreign
            transportation and security authorities;
              (6) the status of the extent to which the
            recommendations of the President's Commission on
            Aviation Security and Terrorism have been carried out
            and the reasons for any delay in carrying out those
            recommendations;
              (7) a summary of the activities of the Director of
            Intelligence and Security in the 12-month period ending
            on the date of the report;
              (8) financial and staffing requirements of the
            Director;
              (9) an assessment of financial and staffing
            requirements, and attainment of existing staffing
            goals, for carrying out duties and powers of the Under
            Secretary \3\ related to security; and
              (10) appropriate legislative and regulatory
            recommendations.
        (b) Screening and Foreign Air Carrier and Airport
    Security.--The Under Secretary \3\ shall submit biennially \79\
    to Congress a report--
    ---------------------------------------------------------------------------
        \79\ Sec. 1502(b)(2) of the Federal Reports Elimination Act of 1998
    (Public Law 105-362; 110 Stat. 3295) struck out ``annually'' and
    inserted in lieu thereof ``biennially''.
    ---------------------------------------------------------------------------
              (1) on the effectiveness of procedures under section
            44901 of this title;
              (2) that includes a summary of the assessments
            conducted under section 44907(a)(1) and (2) of this
            title; and
              (3) that includes an assessment of the steps being
            taken, and the progress being made, in ensuring
            compliance with section 44906 of this title for each
            foreign air carrier security program at airports
            outside the United States--
                      (A) at which the Under Secretary \3\ decides
                    that Foreign Security Liaison Officers are
                    necessary for air transportation security; and
                      (B) for which extraordinary security measures
                    are in place.\80\
    ---------------------------------------------------------------------------
        \80\ Sec. 1502(b)(3) of the Federal Reports Elimination Act of 1998
    (Public Law 105-362; 110 Stat. 3295) struck out subsec. (c), which
    previously read as follows:
        ``(c) Domestic Air Transportation System Security.--The
    Administrator shall submit to Congress an annual report for each of the
    calendar years 1991 and 1992 on the progress being made, and the
    problems occurring, in carrying out section 44904 of this title. The
    report shall include recommendations for improving domestic air
    transportation security.''.
    ---------------------------------------------------------------------------

    Sec. 44939.\81\ Training to operate certain aircraft

        (a) Waiting Period.--A person operating as a flight
    instructor, pilot school, or aviation training center or
    subject to regulation under this part may provide training in
    the operation of any aircraft having a maximum certificated
    takeoff weight of more than 12,500 pounds to an alien (as
    defined in section 101(a)(3) of the Immigration and Nationality
    Act (8 U.S.C. 1101(a)(3))) or to any other individual specified
    by the Secretary of Homeland Security only if--
    ---------------------------------------------------------------------------
        \81\ Sec. 612(a) of the Vision 100--Century of Aviation
    Reauthorization Act (Public Law 108-176; 117 Stat. 2572) amended and
    restated sec. 44939. Sec. 113(a) of the Aviation and Transportation
    Security Act (Public Law 107-71; 115 Stat. 622) originally added sec.
    44939.
        Sec. 113(c) of Public Law 107-71 further stated:
        ``(c) International Cooperation.--The Secretary of Transportation,
    in consultation with the Secretary of State, shall work with the
    International Civil Aviation Organization and the civil aviation
    authorities of other countries to improve international aviation
    security through screening programs for flight instruction
    candidates.''.
    ---------------------------------------------------------------------------
              (1) that person has first notified the Secretary that
            the alien or individual has requested such training and
            submitted to the Secretary, in such form as the
            Secretary may prescribe, the following information
            about the alien or individual:
                      (A) full name, including any aliases used by
                    the applicant or variations in spelling of the
                    applicant's name;
                      (B) passport and visa information;
                      (C) country of citizenship;
                      (D) date of birth;
                      (E) dates of training; and
                      (F) fingerprints collected by, or under the
                    supervision of, a Federal, State, or local law
                    enforcement agency or by another entity
                    approved by the Federal Bureau of Investigation
                    or the Secretary of Homeland Security,
                    including fingerprints taken by United States
                    Government personnel at a United States embassy
                    or consulate; and
              (2) the Secretary has not directed, within 30 days
            after being notified under paragraph (1), that person
            not to provide the requested training because the
            Secretary has determined that the individual presents a
            risk to aviation or national security.
        (b) Interruption of Training.--If the Secretary of Homeland
    Security, more than 30 days after receiving notification under
    subsection (a) from a person providing training described in
    subsection (a), determines that the individual presents a risk
    to aviation or national security, the Secretary shall
    immediately notify the person providing the training of the
    determination and that person shall immediately terminate the
    training.
        (c) Notification.--A person operating as a flight
    instructor, pilot school, or aviation training center or
    subject to regulation under this part may provide training in
    the operation of any aircraft having a maximum certificated
    takeoff weight of 12,500 pounds or less to an alien (as defined
    in section 101(a)(3) of the Immigration and Nationality Act (8
    U.S.C. 1101(a)(3))) or to any other individual specified by the
    Secretary of Homeland Security only if that person has notified
    the Secretary that the individual has requested such training
    and furnished the Secretary with that individual's
    identification in such form as the Secretary may require.
        (d) Expedited Processing.--Not later than 60 days after the
    date of enactment of this section, the Secretary shall
    establish a process to ensure that the waiting period under
    subsection (a) shall not exceed 5 days for an alien (as defined
    in section 101(a)(3) of the Immigration and Nationality Act (8
    U.S.C. 1101(a)(3))) who--
              (1) holds an airman's certification of a foreign
            country that is recognized by an agency of the United
            States, including a military agency, that permits an
            individual to operate a multi-engine aircraft that has
            a certificated takeoff weight of more than 12,500
            pounds;
              (2) is employed by a foreign air carrier that is
            certified under part 129 of title 14, Code of Federal
            Regulations, and that has a security program approved
            under section 1546 of title 49, Code of Federal
            Regulations;
              (3) is an individual that has unescorted access to a
            secured area of an airport designated under section
            4936(a)(1)(A)(ii); or
              (4) is an individual that is part of a class of
            individuals that the Secretary has determined that
            providing aviation training to presents minimal risk to
            aviation or national security because of the aviation
            training already possessed by such class of
            individuals.
        (e) Training.--In subsection (a), the term ``training''
    means training received from an instructor in an aircraft or
    aircraft simulator and does not include recurrent training,
    ground training, or demonstration flights for marketing
    purposes.
        (f) Nonapplicability to Certain Foreign Military Pilots.--
    The procedures and processes required by subsections (a)
    through (d) shall not apply to a foreign military pilot
    endorsed by the Department of Defense for flight training in
    the United States and seeking training described in subsection
    (e) in the United States.
        (g) Fee.--
              (1) In general.--The Secretary of Homeland Security
            may assess a fee for an investigation under this
            section, which may not exceed 100 per individual
            (exclusive of the cost of transmitting fingerprints
            collected at overseas facilities) during fiscal years
            2003 and 2004. For fiscal year 2005 and thereafter, the
            Secretary may adjust the maximum amount of the fee to
            reflect the costs of such an investigation.
              (2) Offset.--Notwithstanding section 3302 of title
            31, any fee collected under this section--
                      (A) shall be credited to the account in the
                    Treasury from which the expenses were incurred
                    and shall be available to the Secretary for
                    those expenses; and
                      (B) shall remain available until expended.
        (h) Interagency Cooperation.--The Attorney General, the
    Director of Central Intelligence, and the Administrator of the
    Federal Aviation Administration shall cooperate with the
    Secretary in implementing this section.
        (i) Security Awareness Training for Employees.--The
    Secretary shall require flight schools to conduct a security
    awareness program for flight school employees to increase their
    awareness of suspicious circumstances and activities of
    individuals enrolling in or attending flight school.

    Sec. 44940.\82\ Security service fee

        (a) General Authority.--
              (1) Passenger fees.--The Under Secretary of
            Transportation for Security shall impose a uniform fee,
            on passengers of air carriers and foreign air carriers
            in air transportation and intrastate air transportation
            originating at airports in the United States, to pay
            for the following costs of providing civil aviation
            security services:
    ---------------------------------------------------------------------------
        \82\ Sec. 118(a) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 625) added sec. 44940.
    ---------------------------------------------------------------------------
                      (A) Salary, benefits, overtime, retirement
                    and other costs of screening personnel, their
                    supervisors and managers, and Federal law
                    enforcement personnel deployed at airport
                    security screening locations under section
                    44901.
                      (B) The costs of training personnel described
                    in subparagraph (A), and the acquisition,
                    operation, and maintenance of equipment used by
                    such personnel.
                      (C) The costs of performing background
                    investigations of personnel described in
                    subparagraphs (A), (D), (F), and (G).
                      (D) The costs of the Federal air marshals
                    program.
                      (E) The costs of performing civil aviation
                    security research and development under this
                    title.
                      (F) The costs of Federal Security Managers
                    under section 44903.
                      (G) The costs of deploying Federal law
                    enforcement personnel pursuant to section
                    44903(h). The amount of such costs shall be
                    determined by the Under Secretary and shall not
                    be subject to judicial review.
                      (H) \83\ The costs of security-related
                    capital improvements at airports.
    ---------------------------------------------------------------------------
        \83\ Sec. 605(b)(1) of the Vision 100--Century of Aviation
    Reauthorization Act (Public Law 108-176; 117 Stat. 2568) added
    subparas. (H) and (I).
    ---------------------------------------------------------------------------
                      (I) \83\ The costs of training pilots and
                    flight attendants under sections 44918 and
                    44921.
            The amount of such costs shall be determined by the
            Under Secretary and shall not be subject to judicial
            review. For purposes of subparagraph (A), the term
            ``Federal law enforcement personnel'' includes State
            and local law enforcement officers who are deputized
            under section 44922.\84\
    ---------------------------------------------------------------------------
        \84\ Sec. 351(b) of the Consolidated Appropriations Resolution,
    2003 (Public Law 108-7; 117 Stat. 420), added this sentence.
    ---------------------------------------------------------------------------
              (2) Air carrier fees.--
                      (A) Authority.--In addition to the fee
                    imposed pursuant to paragraph (1), and only to
                    the extent that the Under Secretary estimates
                    that such fee will be insufficient to pay for
                    the costs of providing civil aviation security
                    services described in paragraph (1), the Under
                    Secretary may impose a fee on air carriers and
                    foreign air carriers engaged in air
                    transportation and intrastate air
                    transportation to pay for the difference
                    between any such costs and the amount collected
                    from such fee, as estimated by the Under
                    Secretary at the beginning of each fiscal year.
                    The estimates of the Under Secretary under this
                    subparagraph are not subject to judicial
                    review.
                      (B) Limitations.--
                              (i) Overall limit.--The amounts of
                            fees collected under this paragraph for
                            each fiscal year may not exceed, in the
                            aggregate, the amounts paid in calendar
                            year 2000 by carriers described in
                            subparagraph (A) for screening
                            passengers and property, as determined
                            by the Under Secretary.
                              (ii) Per-carrier limit.--The amount
                            of fees collected under this paragraph
                            from an air carrier described in
                            subparagraph (A) for each of fiscal
                            years 2002, 2003, and 2004 may not
                            exceed the amount paid in calendar year
                            2000 by that carrier for screening
                            passengers and property, as determined
                            by the Under Secretary.
                              (iii) Adjustment of per-carrier
                            limit.--For fiscal year 2005 and
                            subsequent fiscal years, the per-
                            carrier limitation under clause (ii)
                            may be determined by the Under
                            Secretary on the basis of market share
                            or any other appropriate measure in
                            lieu of actual screening costs in
                            calendar year 2000.
                              (iv) Finality of determinations.--
                            Determinations of the Under Secretary
                            under this subparagraph are not subject
                            to judicial review.
                      (C) Special rule for fiscal year 2002.--The
                    amount of fees collected under this paragraph
                    from any carrier for fiscal year 2002 may not
                    exceed the amounts paid by that carrier for
                    screening passengers and property for a period
                    of time in calendar year 2000 proportionate to
                    the period of time in fiscal year 2002 during
                    which fees are collected under this paragraph.
        (b) Schedule of Fees.--In imposing fees under subsection
    (a), the Under Secretary shall ensure that the fees are
    reasonably related to the Transportation Security
    Administration's costs of providing services rendered.
        (c) Limitation on Fee.--Fees imposed under subsection
    (a)(1) may not exceed $2.50 per enplanement in air
    transportation or intrastate air transportation that originates
    at an airport in the United States, except that the total
    amount of such fees may not exceed $5.00 per one-way trip.
        (d) Imposition of Fee.--
              (1) In general.--Notwithstanding section 9701 of
            title 31 and the procedural requirements of section 553
            of title 5, the Under Secretary shall impose the fee
            under subsection (a)(1), and may impose a fee under
            subsection (a)(2), through the publication of notice of
            such fee in the Federal Register and begin collection
            of the fee within 60 days of the date of enactment of
            this Act, or as soon as possible thereafter.
              (2) Special rules passenger fees.--A fee imposed
            under subsection (a)(1) through the procedures under
            subsection (d) shall apply only to tickets sold after
            the date on which such fee is imposed. If a fee imposed
            under subsection (a)(1) through the procedures under
            subsection (d) on transportation of a passenger of a
            carrier described in subsection (a)(1) is not collected
            from the passenger, the amount of the fee shall be paid
            by the carrier.
              (3) Subsequent modification of fee.--After imposing a
            fee in accordance with paragraph (1), the Under
            Secretary may modify, from time to time through
            publication of notice in the Federal Register, the
            imposition or collection of such fee, or both.
              (4) Limitation on collection.--No fee may be
            collected under this section except to the extent that
            the expenditure of the fee to pay the costs of
            activities and services for which the fee is imposed is
            provided for in advance in an appropriations Act or in
            section 44923.\85\
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        \85\ Sec. 605(b)(2) of the Vision 100--Century of Aviation
    Reauthorization Act (Public Law 108-176; 117 Stat. 2568) struck out
    ``Act.'' and inserted in lieu thereof ``Act or in section 44923.''.
    ---------------------------------------------------------------------------
        (e) Administration of Fees.--
              (1) Fees payable to under secretary.--All fees
            imposed and amounts collected under this section are
            payable to the Under Secretary.
              (2) Fees collected by air carrier.--A fee imposed
            under subsection (a)(1) shall be collected by the air
            carrier or foreign air carrier that sells a ticket for
            transportation described in subsection (a)(1).
              (3) Due date for remittance.--A fee collected under
            this section shall be remitted on the last day of each
            calendar month by the carrier collecting the fee. The
            amount to be remitted shall be for the calendar month
            preceding the calendar month in which the remittance is
            made.
              (4) Information.--The Under Secretary may require the
            provision of such information as the Under Secretary
            decides is necessary to verify that fees have been
            collected and remitted at the proper times and in the
            proper amounts.
              (5) Fee not subject to tax.--For purposes of section
            4261 of the Internal Revenue Code of 1986 (26 U.S.C.
            4261), a fee imposed under this section shall not be
            considered to be part of the amount paid for taxable
            transportation.
              (6) Cost of collecting fee.--No portion of the fee
            collected under this section may be retained by the air
            carrier or foreign air carrier for the costs of
            collecting, handling, or remitting the fee except for
            interest accruing to the carrier after collection and
            before remittance.
        (f) Receipts Credited as Offsetting Collections.--
    Notwithstanding section 3302 of title 31, any fee collected
    under this section--
              (1) shall be credited as offsetting collections to
            the account that finances the activities and services
            for which the fee is imposed;
              (2) shall be available for expenditure only to pay
            the costs of activities and services for which the fee
            is imposed; and
              (3) shall remain available until expended.
        (g) Refunds.--The Under Secretary may refund any fee paid
    by mistake or any amount paid in excess of that required.
        (h) Exemptions.--The Under Secretary may exempt from the
    passenger fee imposed under subsection (a)(1) any passenger
    enplaning at an airport in the United States that does not
    receive screening services under section 44901 for that segment
    of the trip for which the passenger does not receive screening.

    Sec. 44941.\86\ Immunity for reporting suspicious activities

        (a) In General.--Any air carrier or foreign air carrier or
    any employee of an air carrier or foreign air carrier who makes
    a voluntary disclosure of any suspicious transaction relevant
    to a possible violation of law or regulation, relating to air
    piracy, a threat to aircraft or passenger safety, or terrorism,
    as defined by section 3077 of title 18, United States Code, to
    any employee or agent of the Department of Transportation, the
    Department of Justice, any Federal, State, or local law
    enforcement officer, or any airport or airline security officer
    shall not be civilly liable to any person under any law or
    regulation of the United States, any constitution, law, or
    regulation of any State or political subdivision of any State,
    for such disclosure.
    ---------------------------------------------------------------------------
        \86\ Sec. 125(a) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 631) added sec. 44941.
    ---------------------------------------------------------------------------
        (b) Application.--Subsection (a) shall not apply to--
              (1) any disclosure made with actual knowledge that
            the disclosure was false, inaccurate, or misleading; or
              (2) any disclosure made with reckless disregard as to
            the truth or falsity of that disclosure.

    Sec. 44942.\87\ Performance goals and objectives

        (a) Short Term Transition.--
              (1) In general.--Within 180 days after the date of
            enactment of the Aviation and Transportation Security
            Act, the Under Secretary for Transportation Security
            may, in consultation with Congress--
    ---------------------------------------------------------------------------
        \87\ Sec. 130 of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 633) added secs. 44942 and 44943.
    ---------------------------------------------------------------------------
                      (A) establish acceptable levels of
                    performance for aviation security, including
                    screening operations and access control, and
                      (B) provide Congress with an action plan,
                    containing measurable goals and milestones,
                    that outlines how those levels of performance
                    will be achieved.
              (2) Basics of action plan.--The action plan shall
            clarify the responsibilities of the Transportation
            Security Administration, the Federal Aviation
            Administration and any other agency or organization
            that may have a role in ensuring the safety and
            security of the civil air transportation system.
        (b) Long-Term Results-Based Management.--
              (1) \88\ Performance plan and report.--
                      (A) Performance plan.--
                              (i) Each year, consistent with the
                            requirements of the Government
                            Performance and Results Act of 1993
                            (GPRA), the Secretary and the Under
                            Secretary for Transportation Security
                            shall agree on a performance plan for
                            the succeeding 5 years that establishes
                            measurable goals and objectives for
                            aviation security. The plan shall
                            identify action steps necessary to
                            achieve such goals.
    ---------------------------------------------------------------------------
        \88\ So in original. No para. (2) is enacted.
    ---------------------------------------------------------------------------
                              (ii) In addition to meeting the
                            requirements of GPRA, the performance
                            plan should clarify the
                            responsibilities of the Secretary, the
                            Under Secretary for Transportation
                            Security and any other agency or
                            organization that may have a role in
                            ensuring the safety and security of the
                            civil air transportation system.
                      (B) Performance report.--Each year,
                    consistent with the requirements of GPRA, the
                    Under Secretary for Transportation Security
                    shall prepare and submit to Congress an annual
                    report including an evaluation of the extent
                    goals and objectives were met. The report shall
                    include the results achieved during the year
                    relative to The goals established in the
                    performance plan.

    Sec. 44943.\87\ Performance management system

        (a) Establishing a Fair and Equitable System for Measuring
    Staff Performance.--The Under Secretary for Transportation
    Security shall establish a performance management system which
    strengthens the organization's effectiveness by providing for
    the establishment of goals and objectives for managers,
    employees, and organizational performance consistent with the
    performance plan.
        (b) Establishing Management Accountability for Meeting
    Performance Goals.--
              (1) In general.--Each year, the Secretary and Under
            Secretary of Transportation for Security shall enter
            into an annual performance agreement that shall set
            forth organizational and individual performance goals
            for the Under Secretary.
              (2) Goals.--Each year, the Under Secretary and each
            senior manager who reports to the Under Secretary shall
            enter into an annual performance agreement that sets
            forth organization and individual goals for those
            managers. All other employees hired under the authority
            of the Under Secretary shall enter into an annual
            performance agreement that sets forth organization and
            individual goals for those employees.
        (c) Performance-Based Service Contracting.--To the extent
    contracts, if any, are used to implement the Aviation Security
    Act, the Under Secretary for Transportation Security shall, to
    the extent practical, maximize the use of performance-based
    service contracts. These contracts should be consistent with
    guidelines published by the Office of Federal Procurement
    Policy.

    Sec. 44944.\89\ Voluntary provision of emergency services

        (a) Program for Provision of Voluntary Services.--
              (1) Program.--The Under Secretary of Transportation
            for Transportation Security shall carry out a program
            to permit qualified law enforcement officers,
            firefighters, and emergency medical technicians to
            provide emergency services on commercial air flights
            during emergencies.
    ---------------------------------------------------------------------------
        \89\ Sec. 131(a) of the Aviation and Transportation Security Act
    (Public Law 107-71; 115 Stat. 635) added sec. 44944.
    ---------------------------------------------------------------------------
              (2) Requirements.--The Under Secretary shall
            establish such requirements for qualifications of
            providers of voluntary services under the program under
            paragraph (1), including training requirements, as the
            Under Secretary considers appropriate.
              (3) Confidentiality of registry.--If as part of the
            program under paragraph (1) the Under Secretary
            requires or permits registration of law enforcement
            officers, firefighters, or emergency medical
            technicians who are willing to provide emergency
            services on commercial flights during emergencies, the
            Under Secretary shall take appropriate actions to
            ensure that the registry is available only to
            appropriate airline personnel and otherwise remains
            confidential.
              (4) Consultation.--The Under Secretary shall consult
            with appropriate representatives of the commercial
            airline industry, and organizations representing
            community-based law enforcement, firefighters, and
            emergency medical technicians, in carrying out the
            program under paragraph (1), including the actions
            taken under paragraph (3).
        (b) Exemption From Liability.--An individual shall not be
    liable for damages in any action brought in a Federal or State
    court that arises from an act or omission of the individual in
    providing or attempting to provide assistance in the case of an
    in-flight emergency in an aircraft of an air carrier if the
    individual meets such qualifications as the Under Secretary
    shall prescribe for purposes of this section.
        (c) Exception.--The exemption under subsection (b) shall
    not apply in any case in which an individual provides, or
    attempts to provide, assistance described in that paragraph in
    a manner that constitutes gross negligence or willful
    misconduct.
                 b. Cape Town Treaty Implementation Act of 2004

    Public Law 108-297 [H.R. 4226], 108 Stat. 1095, approved August 9, 2004

         AN ACT To amend title 49, United States Code, to make certain
    conforming changes to provisions governing the registration of aircraft
    and the recordation of instruments in order to implement the Convention
    on International Interests in Mobile Equipment and the Protocol to the
     Convention on International Interests in Mobile Equipment on Matters
       Specific to Aircraft Equipment, known as the ``Cape Town Treaty''.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as ``Cape Town Treaty Implementation
    Act of 2004''.
    ---------------------------------------------------------------------------
        \1\ 49 U.S.C. 40101 note.
    ---------------------------------------------------------------------------

    SEC. 2. FINDINGS AND PURPOSE.

        (a) Findings.--Congress finds the following:
              (1) The Cape Town Treaty (as defined in section 44113
            of title 49, United States Code) extends modern
            commercial laws for the sale, finance, and lease of
            aircraft and aircraft engines to the international
            arena in a manner consistent with United States law and
            practice.
              (2) The Cape Town Treaty provides for internationally
            established and recognized financing and leasing rights
            that will provide greater security and commercial
            predictability in connection with the financing and
            leasing of highly mobile assets, such as aircraft and
            aircraft engines.
              (3) The legal and financing framework of the Cape
            Town Treaty will provide substantial economic benefits
            to the aviation and aerospace sectors, including the
            promotion of exports, and will facilitate the
            acquisition of newer, safer aircraft around the world.
              (4) Only technical changes to United States law and
            regulations are required since the asset-based
            financing and leasing concepts embodied in the Cape
            Town Treaty are already reflected in the United States
            in the Uniform Commercial Code.
              (5) The new electronic registry system established
            under the Cape Town Treaty will work in tandem with
            current aircraft document recordation systems of the
            Federal Aviation Administration, which have served
            United States industry well.
              (6) The United States Government was a leader in the
            development of the Cape Town Treaty.
        (b) Purpose.--Accordingly, the purpose of this Act is to
    provide for the implementation of the Cape Town Treaty in the
    United States by making certain technical amendments to the
    provisions of chapter 441 of title 49, United States Code,
    directing the Federal Aviation Administration to complete the
    necessary rulemaking processes as expeditiously as possible,
    and clarifying the applicability of the Treaty during the
    rulemaking process.

    SEC. 3.\2\ RECORDATION OF SECURITY INSTRUMENTS.
    ---------------------------------------------------------------------------

        \2\ Sec. 3 consists of amendments to 49 U.S.C. 44107, which reads
    as follows (as amended):
    ---------------------------------------------------------------------------

    ``Sec. 44107. Recordation of conveyances, leases, and security instruments
    ---------------------------------------------------------------------------

        ``(a) Establishment of System.--The Administrator of the Federal
    Aviation Administration shall establish a system for recording--
    ---------------------------------------------------------------------------

      ``(1) conveyances that affect an interest in civil aircraft of the United
    States;

      ``(2) leases and instruments executed for security purposes, including
    conditional sales contracts, assignments, and amendments, that affect an
    interest in--

      ``(A) a specifically identified aircraft engine having at least 550 rated
    takeoff horsepower or its equivalent;

      ``(B) a specifically identified aircraft propeller capable of absorbing
    at least 750 rated takeoff shaft horsepower;

      ``(C) an aircraft engine, propeller, or appliance maintained for
    installation or use in an aircraft, aircraft engine, or propeller, by or
    for an air carrier holding a certificate issued under section 44705 of this
    title; and

      ``(D) spare parts maintained by or for an air carrier holding a
    certificate issued under section 44705 of this title; and

      ``(3) releases, cancellations, discharges, and satisfactions related to a
    conveyance, lease, or instrument recorded under paragraph (1) or (2).
    ---------------------------------------------------------------------------

        ``(b) General Description Required.--A lease or instrument recorded
    under subsection (a)(2)(C) or (D) of this section only has to describe
    generally the engine, propeller, appliance, or spare part by type and
    designate its location.
        ``(c) Acknowledgment.--Except as the Administrator otherwise may
    provide, a conveyance, lease, or instrument may be recorded under
    subsection (a) of this section only after it has been acknowledged
    before--
    ---------------------------------------------------------------------------

      ``(1) a notary public; or

      ``(2) another officer authorized under the laws of the United States, a
    State, the District of Columbia, or a territory or possession of the United
    States to acknowledge deeds.
    ---------------------------------------------------------------------------

        ``(d) Records and Indexes.--The Administrator shall--
    ---------------------------------------------------------------------------

      ``(1) keep a record of the time and date that each conveyance, lease, and
    instrument is filed and recorded with the Administrator; and

      ``(2) record each conveyance, lease, and instrument filed with the
    Administrator, in the order of their receipt, and index them by--

      ``(A) the identifying description of the aircraft, aircraft engine, or
    propeller, or location specified in a lease or instrument recorded under
    subsection (a)(2)(C) or (D) of this section; and

      ``(B) the names of the parties to each conveyance, lease, and
    instrument.''
    ---------------------------------------------------------------------------

        ``(e) International Registry.--
    ---------------------------------------------------------------------------

      ``(1) Designation of united states entry point.--As permitted under the
    Cape Town Treaty, the Federal Aviation Administration Civil Aviation
    Registry is designated as the United States Entry Point to the
    International Registry relating to--

      ``(A) civil aircraft of the United States;

      ``(B) an aircraft for which a United States identification number has
    been assigned but only with regard to a notice filed under paragraph (2);
    and

      ``(C) aircraft engines.

      ``(2) System for filing notice of prospective interests.--

      ``(A) Establishment.--The Administrator shall establish a system for
    filing notices of prospective assignments and prospective international
    interests in, and prospective sales of, aircraft or aircraft engines
    described in paragraph (1) under the Cape Town Treaty.

      ``(B) Maintenance of validity.--A filing of a notice of prospective
    assignment, interest, or sale under this paragraph and the registration
    with the International Registry relating to such assignment, interest, or
    sale shall not be valid after the 60th day following the date of the filing
    unless documents eligible for recording under subsection (a) relating to
    such notice are filed for recordation on or before such 60th day.

      ``(3) Authorization for registration of aircraft.--A registration with
    the International Registry relating to an aircraft described in paragraph
    (1) (other than subparagraph (C)) is valid only if (A) the person seeking
    the registration first files documents eligible for recording under
    subsection (a) and relating to the registration with the United States
    Entry Point, and (B) the United States Entry Point authorizes the
    registration.''.

    SEC. 4.\1\ REGULATIONS.

        (a) In General.--The Administrator of the Federal Aviation
    Administration shall issue regulations necessary to carry out
    this Act, including any amendments made by this Act.
        (b) Contents of Regulations.--Regulations to be issued
    under this Act shall specify, at a minimum, the requirements
    for--
              (1) the registration of aircraft previously
            registered in a country in which the Cape Town Treaty
            is in effect; and
              (2) the cancellation of registration of a civil
            aircraft of the United States based on a request made
            in accordance with the Cape Town Treaty.
        (c) Expedited Rulemaking Process.--
              (1) Final rule.--The Administrator shall issue
            regulations under this section by publishing a final
            rule by December 31, 2004.
              (2) Effective date.--The final rule shall not be
            effective before the date the Cape Town Treaty enters
            into force with respect to the United States.
              (3) Economic analysis.--The Administrator shall not
            be required to prepare an economic analysis of the cost
            and benefits of the final rule.
        (d) Applicability of Treaty.--Notwithstanding parts
    47.37(a)(3)(ii) and 47.47(a)(2) of title 14, of the Code of
    Federal Regulations, Articles IX(5) and XIII of the Cape Town
    Treaty shall apply to the matters described in subsection (b)
    until the earlier of the effective date of the final rule under
    this section or December 31, 2004.

    SEC. 5. LIMITATION ON VALIDITY OF CONVEYANCES, LEASES, AND SECURITY
                        INSTRUMENTS.

        Section 44108(c)(2) of title 49, United States Code, is
    amended by striking the period at the end and inserting ``or
    the Cape Town Treaty, as applicable.''.

    SEC. 6. DEFINITIONS.

        (a) In General.--Chapter 441 of title 49, United States
    Code, is amended by adding at the end the following:

    ``Sec. 44113. Definitions

              ``In this chapter, the following definitions apply:
                      ``(1) Cape town treaty.--The term `Cape Town
                    Treaty' means the Convention on International
                    Interests in Mobile Equipment, as modified by
                    the Protocol to the Convention on International
                    Interests in Mobile Equipment on Matters
                    Specific to Aircraft Equipment, signed at Rome
                    on May 9, 2003.
                      ``(2) United states entry point.--The term
                    `United States Entry Point' means the Federal
                    Aviation Administration Civil Aviation
                    Registry.
                      ``(3) International registry.--The term
                    `International Registry' means the registry
                    established under the Cape Town Treaty.''.
        (b) Conforming Amendment.--The analysis for such chapter is
    amended by adding at the end the following:
    ``44113. Definitions.''.

    SEC. 7.\1\ EFFECTIVE DATE AND PRESERVATION OF PRIOR RIGHTS.

        This Act, including any amendments made by this Act, shall
    take effect on the date the Cape Town Treaty (as defined in
    section 44113 of title 49, United States Code) enters into
    force with respect to the United States and shall not apply to
    any registration or recordation that was made before such
    effective date under chapter 441 of such title or any legal
    rights relating to such registration or recordation.
                  c. Aviation Security Improvement Act of 1990

        Partial text of Public Law 101-604 [H.R. 5732], 104 Stat. 3066,
      approved November 16, 1990; as amended by Public Law 103-272 [H.R.
                  1758], 108 Stat. 745, approved July 5, 1994

       AN ACT To promote and strengthen aviation security, and for other
                                   purposes.

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

    SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Aviation
    Security Improvement Act of 1990''.
    ---------------------------------------------------------------------------
        \1\ 49 U.S.C. app. 1301 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.-- * * *

    SEC. 2.\2\ FINDINGS.

        Congress finds that--
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5501 note.
    ---------------------------------------------------------------------------
              (1) the safety and security of passengers of United
            States air carriers against terrorist threats should be
            given the highest priority by the United States
            Government;
              (2) the report of the President's Commission on
            Aviation Security and Terrorism, dated May 15, 1990,
            found that current aviation security systems are
            inadequate to provide such protection;
              (3) the United States Government should immediately
            take steps to ensure fuller compliance with existing
            laws and regulations relating to aviation security;
              (4) the United States Government should work through
            the International Civil Aviation Organization and
            directly with foreign governments to enhance aviation
            security of foreign carriers and at foreign airports;
              (5) the United States Government should ensure that
            enhanced security measures are fully implemented by
            both United States and foreign air carriers;
              (6) all nations belonging to the Summit Seven should
            promptly amend the Bonn Declaration to extend sanctions
            for all terrorist acts, including attacks against
            airports and air carrier ticket offices;
              (7) the United States Government, in bilateral
            negotiations with foreign governments, should emphasize
            upgrading international aviation security objectives;
              (8) the United States Government should have in place
            a mechanism by which the Government notifies the
            public, on a case-by-case basis and through the
            application of a uniform national standard, of certain
            credible threats to civil aviation security;
              (9) the United States Government has a special
            obligation to United States victims of acts of
            terrorism directed against this Nation and should
            provide prompt assistance to the families of such
            victims and assure that fair and prompt compensation is
            provided to such victims and their families;
              (10) the United States should work with other nations
            to treat as outlaws state sponsors of terrorism,
            isolating such sponsors politically, economically, and
            militarily;
              (11) the United States must develop a clear
            understanding that state-sponsored terrorism threatens
            United States values and interests, and that active
            measures are needed to counter more effectively the
            terrorist threat; and
              (12) the United States must have the national will to
            take every feasible action to prevent, counter, and
            respond to terrorist activities.
    ---------------------------------------------------------------------------
        \3\ Sec. 7(b) of Public Law 103-272 (108 Stat. 1398) repealed sec.
    101(a) and (b), secs. 102 through 111, and sec. 203(a) through (c). See
    49 U.S.C. relating to aviation security.
    ---------------------------------------------------------------------------

                         TITLE I--AVIATION SECURITY \3\

       TITLE II--UNITED STATES RESPONSE TO TERRORISM AFFECTING AMERICANS
                                     ABROAD

    SEC. 201.\4\ INTERNATIONAL NEGOTIATIONS CONCERNING AVIATION SECURITY.

        (a) United States Policy.--It is the policy of the United
    States--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5501.
    ---------------------------------------------------------------------------
              (1) to seek bilateral agreements to achieve United
            States aviation security objectives with foreign
            governments;
              (2) to continue to press vigorously for security
            improvements through the Foreign Airport Security Act
            and the foreign airport assessment program; and
              (3) to continue to work through the International
            Civil Aviation Organization to improve aviation
            security internationally.
        (b) Negotiations for Aviation Security.--(1) The Department
    of State, in consultation with the Department of
    Transportation, shall be responsible for negotiating requisite
    aviation security agreements with foreign governments
    concerning the implementation of United States rules and
    regulations which affect the foreign operations of United
    States air carriers, foreign air carriers, and foreign
    international airports. The Secretary of State is directed to
    enter, expeditiously, into negotiations for bilateral and
    multilateral agreements--
              (A) for enhanced aviation security objectives;
              (B) to implement the Foreign Airport Security Act and
            the foreign airport assessment program to the fullest
            extent practicable; and
              (C) to achieve improved availability of passenger
            manifest information.
        (2) A principal objective of bilateral and multilateral
    negotiations with foreign governments and the International
    Civil Aviation Organization shall be improved availability of
    passenger manifest information.

    SEC. 202.\5\ COORDINATOR FOR COUNTERTERRORISM.

        The Coordinator for Counterterrorism shall be responsible
    for the coordination of international aviation security for the
    Department of State.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 5502.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 204.\6\ DEPARTMENT OF STATE NOTIFICATION OF FAMILIES OF VICTIMS.

        (a) Department of State Policy.--It is the policy of the
    Department of State pursuant to section 43 of the State
    Department Basic Authorities Act to directly and promptly
    notify the families of victims of aviation disasters abroad
    concerning citizens of the United States directly affected by
    such a disaster, including timely written notice. The Secretary
    of State shall ensure that such notification by the Department
    of State is carried out notwithstanding notification by any
    other person.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 5503.
    ---------------------------------------------------------------------------
        (b) Department of State Guidelines.--Not later than 60 days
    after the date of the enactment of this Act, the Secretary of
    State shall issue such regulations, guidelines, and circulars
    as are necessary to ensure that the policy under subsection (a)
    is fully implemented.

    SEC. 205.\7\ DESIGNATION OF STATE DEPARTMENT-FAMILY LIAISON AND TOLL-
                        FREE FAMILY COMMUNICATIONS SYSTEM.

        (a) Designation of State Department-Family Liaison.--Not
    later than 60 days after the date of the enactment of this Act,
    the Secretary of State shall issue such rules and guidelines as
    are necessary to provide that in the event of an aviation
    disaster directly involving United States citizens abroad, if
    possible, the Department of State will assign a specific
    individual, and an alternate, as the Department of State
    liaison for the family of each such citizen.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 5504.
    ---------------------------------------------------------------------------
        (b) Toll-Free Communications System.--In the establishment
    of the Department of State toll-free communications system to
    facilitate inquiries concerning the affect of any disaster
    abroad on United States citizens residing or traveling abroad,
    the Secretary of State shall ensure that a toll-free telephone
    number is reserved for the exclusive use of the families of
    citizens who have been determined to be directly involved in
    any such disaster.

    SEC. 206.\8\ DISASTER TRAINING FOR STATE DEPARTMENT PERSONNEL.

        (a) Additional Training.--The Secretary of State shall
    institute a supplemental program of training in disaster
    management for all consular officers.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 5505.
    ---------------------------------------------------------------------------
        (b) Training Improvements.--
              (1) In expanding the training program under
            subsection (a), the Secretary of State shall consult
            with death and bereavement counselors concerning the
            particular demands posed by aviation tragedies and
            terrorist activities.
              (2) In providing such additional training under
            subsection (a) the Secretary of State shall consider
            supplementing the current training program through--
                      (A) providing specialized training to create
                    a team of ``disaster specialists'' to deploy
                    immediately in a crisis; or
                      (B) securing outside experts to be brought in
                    during the initial phases to assist consular
                    personnel.

    SEC. 207.\9\ DEPARTMENT OF STATE RESPONSIBILITIES AND PROCEDURES AT
                        INTERNATIONAL DISASTER SITE.

        (a) Dispatch of Senior State Department Official to Site.--
    Not later than 60 days after the date of the enactment of this
    Act, the Secretary of State shall issue such rules and
    guidelines as are necessary to provide that in the event of an
    international disaster, particularly an aviation tragedy,
    directly involving significant numbers of United States
    citizens abroad not less than one senior officer from the
    Bureau of Consular Affairs of the Department of State shall be
    dispatched to the site of such disaster.
    ---------------------------------------------------------------------------
        \9\ 22 U.S.C. 5506.
    ---------------------------------------------------------------------------
        (b) Criteria for Department of State Staffing at Disaster
    Site.--Not later than 60 days after the date of the enactment
    of this Act, the Secretary of State shall promulgate criteria
    for Department of State staffing of disaster sites abroad. Such
    criteria shall define responsibility for staffing decisions and
    shall consider the deployment of crisis teams under subsection
    (d). The Secretary of State shall promptly issue such rules and
    guidelines as are necessary to implement criteria developed
    pursuant to this subsection.
        (c) State Department Ombudsman.--Not later than 60 days
    after the date of the enactment of this Act, the Secretary of
    State shall issue such rules and guidelines as are necessary to
    provide that in the event of an international aviation disaster
    involving significant numbers of United States citizens abroad
    not less than one officer or employee of the Department of
    State shall be dispatched to the disaster site to provide on-
    site assistance to families who may visit the site and to act
    as an ombudsman in matters involving the foreign local
    government authorities and social service agencies.
        (d) Crisis Teams.--Not later than 60 days after the date of
    the enactment of this Act, the Secretary of State shall
    promulgate procedures for the deployment of a ``crisis team'',
    which may include public affairs, forensic, and bereavement
    experts, to the site of any international disaster involving
    United States citizens abroad to augment in-country Embassy and
    consulate staff. The Secretary of State shall promptly issue
    such rules and guidelines as are necessary to implement
    procedures developed pursuant to this subsection.

    SEC. 208.\10\ RECOVERY AND DISPOSITION OF REMAINS AND PERSONAL EFFECTS.

        It is the policy of the Department of State (pursuant to
    section 43 of the State Department Basic Authorities Act) to
    provide liaison with foreign governments and persons and with
    United States air carriers concerning arrangements for the
    preparation and transport to the United States of the remains
    of citizens who die abroad, as well as the disposition of
    personal effects. The Secretary of State shall ensure that
    regulations and guidelines of the Department of State reflect
    such policy and that such assistance is rendered to the
    families of United States citizens who are killed in terrorist
    incidents and disasters abroad.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 5507.
    ---------------------------------------------------------------------------

    SEC. 209.\11\ ASSESSMENT OF LOCKERBIE EXPERIENCE.

        (a) Assessment.--The Secretary of State shall compile an
    assessment of the Department of State response to the Pan
    American Airways Flight 103 aviation disaster over Lockerbie,
    Scotland, on December 21, 1988.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 5508.
    ---------------------------------------------------------------------------
        (b) Guidelines.--The Secretary of State shall establish,
    based on the assessment compiled under subsection (a) and other
    relevant factors, guidelines for future Department of State
    responses to comparable disasters and shall distribute such
    guidelines to all United States diplomatic and consular posts
    abroad.

    SEC. 210.\12\ OFFICIAL DEPARTMENT OF STATE RECOGNITION.

        Not later than 60 days after the date of the enactment of
    this Act, the Secretary of State shall promulgate guidelines
    for appropriate ceremonies or other official expressions of
    respect and support for the families of United States citizens
    who are killed through acts of terrorism abroad.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 5509.
    ---------------------------------------------------------------------------

    SEC. 211.\13\ UNITED STATES GOVERNMENT COMPENSATION FOR VICTIMS OF
                        TERRORISM.

        (a) Compensation.--The President shall submit to the
    Congress, not later than one year after the date of the
    enactment of this Act, recommendations on whether or not
    legislation should be enacted to authorize the United States to
    provide monetary and tax relief as compensation to United
    States citizens who are victims of terrorism.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 5510.
    ---------------------------------------------------------------------------
        (b) Board.--The President may establish a board to develop
    criteria for compensation and to recommend changes to existing
    laws to establish a single comprehensive approach to victim
    compensation for terrorist acts.
        (c) Income Tax Benefit for Victims of Lockerbie
    Terrorism.--
              (1) In general.--Subject to paragraph (2), in the
            case of any individual whose death was a direct result
            of the Pan American Airways Flight 103 terrorist
            disaster over Lockerbie, Scotland, on December 21,
            1988, any tax imposed by subtitle A of the Internal
            Revenue Code of 1986 shall not apply--
                      (A) with respect to the taxable year which
                    includes December 21, 1988, and
                      (B) with respect to the prior taxable year.
              (2) Limitation.--In no case may the tax benefit
            pursuant to paragraph (1) for any taxable year, for any
            individual, exceed an amount equal to 28 percent of the
            annual rate of basic pay at Level V of the Executive
            Schedule of the United States as of December 21, 1988.

    SEC. 212.\14\ OVERSEAS SECURITY ELECTRONIC BULLETIN BOARD.

        Not later than 60 days after the date of the enactment of
    this Act, the Secretary of State shall issue such rules and
    regulations as may be necessary to establish, under the Bureau
    of Consular Affairs, an electronic bulletin board accessible to
    the general public. Such bulletin board shall contain all
    information, updated daily, which is available on the Overseas
    Security Electronic Bulletin Board of the Bureau of Diplomatic
    Security.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 5511.
    ---------------------------------------------------------------------------

    SEC. 213. ANTITERRORISM ASSISTANCE.

        (a) Aviation Security.--In addition to amounts otherwise
    authorized to be appropriated, there are authorized to be
    appropriated $7,000,000 for fiscal year 1991 for aviation
    security assistance under chapter 8 of part II of the Foreign
    Assistance Act of 1961 (22 U.S.C. 2349aa et seq.), relating to
    antiterrorism assistance.
        (b) \15\ Training Services.-- * * *
    ---------------------------------------------------------------------------
        \15\ Sec. 213(b) amended sec. 573(d) of the Foreign Assistance Act
    of 1961 (22 U.S.C. 2349aa2). For text, see Legislation on Foreign
    Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

    SEC. 214.\16\ ANTITERRORISM MEASURES.

        (a) Guidelines for International Aviation Travelers.--For
    the purpose of notifying the public, the Secretary of State, in
    consultation with the Secretary of Transportation, shall
    develop and publish guidelines for thwarting efforts by
    international terrorists to enlist the unwitting assistance of
    international aviation travelers in terrorist activities.
    Notices concerning such guidelines shall be posted and
    prominently displayed domestically and abroad in international
    airports.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 5512.
    ---------------------------------------------------------------------------
        (b) Development of International Standards.--The Secretary
    of State and the Secretary of Transportation in all appropriate
    fora, particularly talks and meetings related to international
    civil aviation, shall enter into negotiations with other
    nations for the establishment of international standards
    regarding guidelines for thwarting efforts by international
    terrorists to enlist the unwitting assistance of international
    aviation travelers in terrorist activities.
        (c) Publication of Rewards for Terrorism-Related
    Information.--For the purpose of notifying the public, the
    Secretary of State shall publish the availability of United
    States Government rewards for information on international
    terrorist-related activities, including rewards available under
    section 36(a) of the State Department Basic Authorities Act of
    1956 (22 U.S.C. 2708(a)) and chapter 204 of title 18, United
    States Code. To the extent appropriate and feasible, notices
    making such publication shall be posted and prominently
    displayed domestically and abroad in international airports.
        (d) Sense of Congress.--It is the sense of Congress that
    the Secretary of Transportation should take appropriate
    measures to utilize and train properly the officers and
    employees of other United States Government agencies who have
    functions at international airports in the United States and
    abroad in the detection of explosives and firearms which could
    be a threat to international civil aviation.

    SEC. 215.\17\ PROPOSAL FOR CONSIDERATION BY THE INTERNATIONAL CIVIL
                        AVIATION ORGANIZATION.

        Not later than 60 days after the date of the enactment of
    this Act, the Secretary of State, in consultation with the
    Secretary of Transportation, shall propose to the International
    Civil Aviation Organization the establishment of a
    comprehensive aviation security program which shall include (1)
    training for airport security personnel, (2) grants for
    security equipment acquisition for certain nations, and (3)
    expansion of the appropriate utilization of canine teams in the
    detection of explosive devices in all airport areas, including
    use in passenger screening areas and nonpublic baggage assembly
    and processing areas.
    ---------------------------------------------------------------------------
        \17\ 22 U.S.C. 5513.
      d. International Security and Development Cooperation Act of 1985--
            International Terrorism and Foreign Airport Security \1\

      Partial text of Title V of Public Law 99-83 [S. 960], 99 Stat. 190,
    approved August 8, 1985; as amended by Public Law 103-272 [H.R. 1758],
                      108 Stat. 745, approved July 5, 1994

     AN ACT To authorize international development and security assistance
     programs and Peace Corps programs for fiscal years 1986 and 1987, and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
    ---------------------------------------------------------------------------
        \1\ For complete text of this Act, see Legislation on Foreign
    Relations Through 2005, vol. I-A.
    ---------------------------------------------------------------------------

    SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the
    ``International Security and Development Cooperation Act of
    1985''.
              * * * * * * *

         TITLE V--INTERNATIONAL TERRORISM AND FOREIGN AIRPORT SECURITY

              * * * * * * *

                        Part B--Foreign Airport Security

    SEC. 551.\2\ SECURITY STANDARDS FOR FOREIGN AIR TRANSPORTATION. * * *
    ---------------------------------------------------------------------------

        \2\ Sec. 551(a) amended sec. 1115 of the Federal Aviation Act of
    1958; subsec. (b) made conforming amendments.
    ---------------------------------------------------------------------------
        (c) Closing of Beirut International Airport.--It is the
    sense of the Congress that the President is urged and
    encouraged to take all appropriate steps to carry forward his
    announced policy of seeking the effective closing of the
    international airport in Beirut, Lebanon, at least until such
    time as the Government of Lebanon has instituted measures and
    procedures designed to prevent the use of that airport by
    aircraft hijackers and other terrorists in attacking civilian
    airlines or their passengers, hijacking their aircraft, or
    taking or holding their passengers hostage.
    ---------------------------------------------------------------------------
        \3\ Sec. 7(b) of Public Law 103-272 (108 Stat. 1379) repealed secs.
    552, 553, and 556. See 49 U.S.C. relating to aviation security.
    ---------------------------------------------------------------------------

    SEC. 552.\3\ TRAVEL ADVISORY AND SUSPENSION OF FOREIGN ASSISTANCE. * *
                        * [REPEALED--1994]

    SEC. 553.\3\ UNITED STATES AIRMARSHAL PROGRAM. * * * [REPEALED--1994]

    SEC. 554. ENFORCEMENT OF INTERNATIONAL CIVIL AVIATION ORGANIZATION
                        STANDARDS.

        The Secretary of State and the Secretary of Transportation,
    jointly, shall call on the member countries of the
    International Civil Aviation Organization to enforce that
    Organization's existing standards and to support United States
    actions enforcing such standards.

    SEC. 555. INTERNATIONAL CIVIL AVIATION BOYCOTT OF COUNTRIES SUPPORTING
                        INTERNATIONAL TERRORISM.

        It is the sense of the Congress that the President--
              (1) should call for an international civil aviation
            boycott with respect to those countries which the
            President determines--
                      (A) grant sanctuary from prosecution to any
                    individual or group which has committed an act
                    of international terrorism, or
                      (B) otherwise support international
                    terrorism; and
              (2) should take steps, both bilateral and
            multilateral, to achieve a total international civil
            aviation boycott with respect to those countries.

    SEC. 556.\3\ MULTILATERAL AND BILATERAL AGREEMENTS WITH RESPECT TO
                        AIRCRAFT SABOTAGE, AIRCRAFT HIJACKING, AND AIRPORT
                        SECURITY. * * * [REPEALED--1994]

    SEC. 557. RESEARCH ON AIRPORT SECURITY TECHNIQUES FOR DETECTING
                        EXPLOSIVES.

        In order to improve security at international airports,
    there are authorized to be appropriated to the Secretary of
    Transportation from the Airport and Airway Trust Fund (in
    addition to amounts otherwise available for such purpose)
    $5,000,000, without fiscal year limitation, to be used for
    research on and the development of airport security devices or
    techniques for detecting explosives.

    SEC. 558. HIJACKING OF TWA FLIGHT 847 AND OTHER ACTS OF TERRORISM.

        The Congress joins with all Americans in celebrating the
    release of the hostages taken from Trans World Airlines flight
    847. It is the sense of the Congress that--
              (1) purser Uli Derickson, pilot John Testrake, co-
            pilot Philip Maresca, flight engineer Benjamin
            Zimmermann, and the rest of the crew of Trans World
            Airlines flight 847 displayed extraordinary valor and
            heroism during the hostages' ordeal and therefore
            should be commended;
              (2) the hijackers who murdered United States Navy
            Petty Officer Stethem should be immediately brought to
            justice;
              (3) all diplomatic means should continue to be
            employed to obtain the release of the 7 United States
            citizens previously kidnapped and still held in
            Lebanon;
              (4) acts of international terrorism should be
            universally condemned; and
              (5) the Secretary of State should be supported in his
            efforts to gain international cooperation to prevent
            future acts of terrorism.

    SEC. 559. EFFECTIVE DATE.

        This part shall take effect on the date of enactment of
    this Act.
              2. International Cooperation in Scientific Research

             a. National Science Foundation Act of 1950, as amended

    Partial text of Public Law 81-507 [S. 247], 64 Stat. 154, approved May
     10, 1950; as amended by Public Law 86-232 [H.R. 8284], 73 Stat. 468,
      approved September 8, 1959; Public Law 90-407 [H.R. 5404], 82 Stat.
        365, approved July 18, 1968; and by Public Law 99-159 [National
    Science, Engineering, and Mathematics Authorization Act for Fiscal Year
           1986; H.R. 1210], 99 Stat. 891, approved November 22, 1985

      AN ACT To promote the progress of science; to advance the national
     health, prosperity, and welfare; to secure the national defense; and
                              for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``National Science Foundation Act of
    1950''.
              * * * * * * *

         international cooperation and coordination with foreign policy

        Sec. 13.\1\ (a) The Foundation is authorized to cooperate
    in any international scientific or engineering \2\ activities
    consistent with the purposes of this Act and to expend for such
    international scientific or engineering \2\ activities such
    sums within the limit of appropriated funds as the Foundation
    may deem desirable. The Director \3\ may defray the expenses of
    representatives of Government agencies and other organizations
    and of individual scientists or engineers \2\ to accredited
    international scientific or engineering \2\ congresses and
    meetings whenever he deems it necessary in the promotion of the
    objectives of this Act. In this connection, with the approval
    of the Secretary of State, the Foundation may undertake
    programs granting fellowships to, or making other similar
    arrangements with, foreign nationals for study and research in
    the sciences or in engineering in the United States without
    regard to section 10 of this Act or the affidavit of allegiance
    to the United States required by section 15(d)(2) of this Act
    \3\. In this connection, with the approval of the Secretary of
    State, the Foundation may undertake programs granting
    fellowships to, or making other similar arrangements with,
    foreign nationals for study and research in the sciences or in
    engineering \2\ in the United States without regard to section
    10 of this Act or the affidavit of allegiance to the United
    States required by section 15(d)(2) of this Act \3\.\4\
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 1872.
        \2\ Sec. 110(a)(16) of Public Law 99-159 (99 Stat. 891) inserted
    ``or engineering'' after ``scientific'', inserted ``or engineers''
    after ``scientists'', and struck out ``scientific study or scientific
    work'' and inserted in lieu thereof ``study and research in the
    sciences or in engineering''.
        \3\ Subsec. (a) of Public Law 90-407 (82 Stat. 365) struck out ``,
    with the approval of the Board,'' following ``The Director''. Subsec.
    (a) further struck out ``section 16(d)(2) of this Act'' and inserted in
    lieu thereof ``section 15(d)(2) of this Act.
        \4\ Subsec. (a) of Public Law 86-232 (73 Stat. 468) added the final
    two sentences of subsec. (a).
    ---------------------------------------------------------------------------
        (b)(1) The authority to enter into contracts or other
    arrangements with organizations or individuals in foreign
    countries and with agencies of foreign countries, as provided
    in section 11(c), and the authority to cooperate in
    international scientific \5\ or engineering \6\ activities as
    provided in subsection (a) of this section, shall be exercised
    only with the approval of the Secretary of State, to the end
    that such authority shall be exercised in such manner as is
    consistent with the foreign policy objectives of the United
    States.
    ---------------------------------------------------------------------------
        \5\ Subsec. (b)(1) of Public Law 86-232 (73 Stat. 468) struck out
    ``research''.
        \6\ Sec. 110(a)(17) of Public Law 99-159 (99 Stat. 891) inserted
    ``or engineering''.
    ---------------------------------------------------------------------------
        (2) If, in the exercise of the authority referred to in
    paragraph (1) of this subsection, negotiation with foreign
    countries or agencies thereof becomes necessary, such
    negotiation shall be carried on by the Secretary of State in
    consultation with the Director.
              * * * * * * *
                 b. National Aeronautics and Space Act of 1958

    Partial text of Public Law 85-568 [H.R. 12575], 72 Stat. 426, approved
    July 29, 1958; as amended by Public Law 94-39 [National Aeronautics and
    Space Administration Authorization Act, 1976; H.R. 4700], 89 Stat. 218,
                             approved June 19, 1975

       AN ACT To provide for research into problems of flight within and
            outside the Earth's atmosphere, and for other purposes.

              * * * * * * *

                           international cooperation

        Sec. 205.\1\ The Administration, under the foreign policy
    guidance of the President, may engage in a program of
    international cooperation in work done pursuant to this Act,
    and in the peaceful application of the results thereof,
    pursuant to agreements made by the President with the advice
    and consent of the Senate.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 2475.
    ---------------------------------------------------------------------------
              * * * * * * *

                    TITLE IV--UPPER ATMOSPHERIC RESEARCH \2\

                               purpose and policy

        Sec. 401.\3\ (a) The purpose of this title is to authorize
    and direct the Administration to develop and carry out a
    comprehensive program of research, technology, and monitoring
    of the phenomena of the upper atmosphere so as to provide for
    an understanding of and to maintain the chemical and physical
    integrity of the Earth's upper atmosphere.
    ---------------------------------------------------------------------------
        \2\ Sec. 8 of the National Aeronautics and Space Administration
    Authorization Act, 1976 (Public Law 94-39; 89 Stat. 222) added title
    IV.
        \3\ 42 U.S.C. 2481.
    ---------------------------------------------------------------------------
        (b) The Congress declares that it is the policy of the
    United States to undertake an immediate and appropriate
    research, technology, and monitoring program that will provide
    for understanding the physics and chemistry of the Earth's
    upper atmosphere.

                                  definitions

        Sec. 402.\4\ For the purpose of this title the term ``upper
    atmosphere'' means that portion of the Earth's sensible
    atmosphere above the troposphere.
    ---------------------------------------------------------------------------
        \4\ 42 U.S.C. 2482.
    ---------------------------------------------------------------------------

                               program authorized

        Sec. 403.\5\ (a) In order to carry out the purposes of this
    title the Administration in cooperation with other Federal
    agencies, shall initiate and carry out a program of research,
    technology, monitoring, and other appropriate activities
    directed to understand the physics and chemistry of the upper
    atmosphere.
    ---------------------------------------------------------------------------
        \5\ 42 U.S.C. 2483.
    ---------------------------------------------------------------------------
        (b) In carrying out the provisions of this title the
    Administration shall--
              (1) arrange for participation by the scientific and
            engineering community, of both the Nation's industrial
            organizations and institutions of higher education, in
            planning and carrying out appropriate research, in
            developing necessary technology and in making necessary
            observations and measurements;
              (2) provide, by way of grant, contract, scholarships
            or other arrangements, to the maximum extent
            practicable and consistent with other laws, for the
            widest practicable and appropriate participation of the
            scientific and engineering community in the program
            authorized by this title; and
              (3) make all results of the program authorized by
            this title available to the appropriate regulatory
            agencies and provide for the widest practicable
            dissemination of such results.

                           international cooperation

        Sec. 404.\6\ In carrying out the provisions of this title,
    the Administration, subject to the direction of the President
    and after consultation with the Secretary of State, shall make
    every effort to enlist the support and cooperation of
    appropriate scientists and engineers of other countries and
    international organizations.
    ---------------------------------------------------------------------------
        \6\ 42 U.S.C. 2484.
    ---------------------------------------------------------------------------
              * * * * * * *
     c. National Aeronautics and Space Administration Authorization Act of
                                      2000

        Partial text of Public Law 106-391 [H.R. 1654], 114 Stat. 1577,
                           approved October 30, 2000

      AN ACT To authorize appropriations for the National Aeronautics and
      Space Administration for fiscal years 2000, 2001, and 2002, and for
                                other purposes.

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

    SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``National
    Aeronautics and Space Administration Authorization Act of
    2000''.
        (b) Table of Contents.-- * * *
              * * * * * * *

                     TITLE II--INTERNATIONAL SPACE STATION

    SEC. 201.\1\ INTERNATIONAL SPACE STATION CONTINGENCY PLAN.

        (a) Bimonthly Reporting on Russian Status.--Not later than
    the first day of the first month beginning more than 60 days
    after the date of the enactment of this Act, and not later than
    the first day of every second month thereafter until October 1,
    2006, the Administrator shall report to Congress whether or not
    the Russians have performed work expected of them and necessary
    to complete the International Space Station. Each such report
    shall also include a statement of the Administrator's judgment
    concerning Russia's ability to perform work anticipated and
    required to complete the International Space Station before the
    next report under this subsection.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 2451 note.
    ---------------------------------------------------------------------------
        (b) Decision on Russian Critical Path Items.--The President
    shall notify Congress within 90 days after the date of the
    enactment of this Act of the decision on whether or not to
    proceed with permanent replacement of any Russian elements in
    the critical path of the International Space Station or any
    Russian launch services. Such notification shall include the
    reasons and justifications for the decision and the costs
    associated with the decision. Such decision shall include a
    judgment of when all elements identified in Revision E assembly
    sequence as of June 1999 will be in orbit and operational. If
    the President decides to proceed with a permanent replacement
    for any Russian element in the critical path or any Russian
    launch services, the President shall notify Congress of the
    reasons and the justification for the decision to proceed with
    the permanent replacement and the costs associated with the
    decision.
        (c) Assurances.--The United States shall seek assurances
    from the Russian Government that it places a higher priority on
    fulfilling its commitments to the International Space Station
    than it places on extending the life of the Mir Space Station,
    including assurances that Russia will not utilize assets
    allocated by Russia to the International Space Station for
    other purposes, including extending the life of Mir.
        (d) Equitable Utilization.--In the event that any
    International Partner in the International Space Station
    Program willfully violates any of its commitments or agreements
    for the provision of agreed-upon Space Station-related hardware
    or related goods or services, the Administrator should, in a
    manner consistent with relevant international agreements, seek
    a commensurate reduction in the utilization rights of that
    Partner until such time as the violated commitments or
    agreements have been fulfilled.
        (e) Operation Costs.--The Administrator shall, in a manner
    consistent with relevant international agreements, seek to
    reduce the National Aeronautics and Space Administration's
    share of International Space Station common operating costs,
    based upon any additional capabilities provided to the
    International Space Station through the National Aeronautics
    and Space Administration's Russian Program Assurance
    activities.

    SEC. 202.\1\ COST LIMITATION FOR THE INTERNATIONAL SPACE STATION.

        (a) Limitation of Costs.--
              (1) In general.--Except as provided in subsections
            (c) and (d), the total amount obligated by the National
            Aeronautics and Space Administration for--
                      (A) costs of the International Space Station
                    may not exceed $25,000,000,000; and
                      (B) space shuttle launch costs in connection
                    with the assembly of the International Space
                    Station may not exceed $17,700,000,000.
              (2) Calculation of launch costs.--For purposes of
            paragraph (1)(B)--
                      (A) not more than $380,000,000 in costs for
                    any single space shuttle launch shall be taken
                    into account; and
                      (B) if the space shuttle launch costs taken
                    into account for any single space shuttle
                    launch are less than $380,000,000, then the
                    Administrator shall arrange for a verification,
                    by the General Accounting Office, of the
                    accounting used to determine those costs and
                    shall submit that verification to the Congress
                    within 60 days after the date on which the next
                    budget request is transmitted to the Congress.
        (b) Costs to Which Limitation Applies.--
              (1) Development costs.--The limitation imposed by
            subsection (a)(1)(A) does not apply to funding for
            operations, research, or crew return activities
            subsequent to substantial completion of the
            International Space Station.
              (2) Launch costs.--The limitation imposed by
            subsection (a)(1)(B) does not apply--
                      (A) to space shuttle launch costs in
                    connection with operations, research, or crew
                    return activities subsequent to substantial
                    completion of the International Space Station;
                      (B) to space shuttle launch costs in
                    connection with a launch for a mission on which
                    at least 75 percent of the shuttle payload by
                    mass is devoted to research; nor
                      (C) to any additional costs incurred in
                    ensuring or enhancing the safety and
                    reliability of the space shuttle.
              (3) Substantial completion.--For purposes of this
            subsection, the International Space Station is
            considered to be substantially completed when the
            development costs comprise 5 percent or less of the
            total International Space Station costs for the fiscal
            year.
        (c) Notice of Changes to Space Station Costs.--The
    Administrator shall provide with each annual budget request a
    written notice and analysis of any changes under subsection (d)
    to the amounts set forth in subsection (a) to the Senate
    Committees on Appropriations and on Commerce, Science, and
    Transportation and to the House of Representatives Committees
    on Appropriations and on Science. In addition, such notice may
    be provided at other times, as deemed necessary by the
    Administrator. The written notice shall include--
              (1) an explanation of the basis for the change,
            including the costs associated with the change and the
            expected benefit to the program to be derived from the
            change;
              (2) an analysis of the impact on the assembly
            schedule and annual funding estimates of not receiving
            the requested increases; and
              (3) an explanation of the reasons that such a change
            was not anticipated in previous program budgets.
        (d) Funding for Contingencies.--
              (1) Notice required.--If funding in excess of the
            limitation provided for in subsection (a) is required
            to address the contingencies described in paragraph
            (2), then the Administrator shall provide the written
            notice required by subsection (c). In the case of
            funding described in paragraph (3)(A), such notice
            shall be required prior to obligating any of the
            funding. In the case of funding described in paragraph
            (3)(B), such notice shall be required within 15 days
            after making a decision to implement a change that
            increases the space shuttle launch costs in connection
            with the assembly of the International Space Station.
              (2) Contingencies.--The contingencies referred to in
            paragraph (1) are the following:
                      (A) The lack of performance or the
                    termination of participation of any of the
                    International countries party to the
                    Intergovernmental Agreement.
                      (B) The loss or failure of a United States-
                    provided element during launch or on-orbit.
                      (C) On-orbit assembly problems.
                      (D) New technologies or training to improve
                    safety on the International Space Station.
                      (E) The need to launch a space shuttle to
                    ensure the safety of the crew or to maintain
                    the integrity of the station.
              (3) Amounts.--The total amount obligated by the
            National Aeronautics and Space Administration to
            address the contingencies described in paragraph (2) is
            limited to--
                      (A) $5,000,000,000 for the International
                    Space Station; and
                      (B) $3,540,000,000 for the space shuttle
                    launch costs in connection with the assembly of
                    the International Space Station.
        (e) Reporting and Review.--
              (1) Identification of costs.--
                      (A) Space shuttle.--As part of the overall
                    space shuttle program budget request for each
                    fiscal year, the Administrator shall identify
                    separately--
                              (i) the amounts of the requested
                            funding that are to be used for
                            completion of the assembly of the
                            International Space Station; and
                              (ii) any shuttle research mission
                            described in subsection (b)(2).
                      (B) International space station.--As part of
                    the overall International Space Station budget
                    request for each fiscal year, the Administrator
                    shall identify the amount to be used for
                    development of the International Space Station.
              (2) Accounting for cost limitations.--As part of the
            annual budget request to the Congress, the
            Administrator shall account for the cost limitations
            imposed by subsection (a).
              (3) Verification of accounting.--The Administrator
            shall arrange for a verification, by the General
            Accounting Office, of the accounting submitted to the
            Congress within 60 days after the date on which the
            budget request is transmitted to the Congress.
              (4) Inspector general.--Within 60 days after the
            Administrator provides a notice and analysis to the
            Congress under subsection (c), the Inspector General of
            the National Aeronautics and Space Administration shall
            review the notice and analysis and report the results
            of the review to the committees to which the notice and
            analysis were provided.

    SEC. 203.\1\ RESEARCH ON INTERNATIONAL SPACE STATION.

        (a) Study.--The Administrator shall enter into a contract
    with the National Research Council and the National Academy of
    Public Administration to jointly conduct a study of the status
    of life and microgravity research as it relates to the
    International Space Station. The study shall include--
              (1) an assessment of the United States scientific
            community's readiness to use the International Space
            Station for life and microgravity research;
              (2) an assessment of the current and projected
            factors limiting the United States scientific
            community's ability to maximize the research potential
            of the International Space Station, including, but not
            limited to, the past and present availability of
            resources in the life and microgravity research
            accounts within the Office of Human Spaceflight and the
            Office of Life and Microgravity Sciences and
            Applications and the past, present, and projected
            access to space of the scientific community; and
              (3) recommendations for improving the United States
            scientific community's ability to maximize the research
            potential of the International Space Station, including
            an assessment of the relative costs and benefits of--
                      (A) dedicating an annual mission of the Space
                    Shuttle to life and microgravity research
                    during assembly of the International Space
                    Station; and
                      (B) maintaining the schedule for assembly in
                    place at the time of the enactment.
        (b) Report.--Not later than 1 year after the date of the
    enactment of this Act, the Administrator shall transmit to the
    Committee on Science of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of the
    Senate a report on the results of the study conducted under
    this section.

    SEC. 204. SPACE STATION COMMERCIAL DEVELOPMENT DEMONSTRATION PROGRAM. *
                        * *

    SEC. 205.\1\ SPACE STATION RESEARCH UTILIZATION AND COMMERCIALIZATION
                        MANAGEMENT.

        (a) Research Utilization and Commercialization Management
    Activities.--The Administrator of the National Aeronautics and
    Space Administration shall enter into an agreement with a non-
    government organization to conduct research utilization and
    commercialization management activities of the International
    Space Station subsequent to substantial completion as defined
    in section 202(b)(3). The agreement may not take effect less
    than 120 days after the implementation plan for the agreement
    is submitted to the Congress under subsection (b).
        (b) Implementation Plan.--Not later than September 30,
    2001, the Administrator shall submit to the Committee on
    Commerce, Science, and Transportation of the Senate and the
    Committee on Science of the House of Representatives an
    implementation plan to incorporate the use of a non-government
    organization for the International Space Station. The
    implementation plan shall include--
              (1) a description of the respective roles and
            responsibilities of the Administration and the non-
            government organization;
              (2) a proposed structure for the non-government
            organization;
              (3) a statement of the resources required;
              (4) a schedule for the transition of
            responsibilities; and
              (5) a statement of the duration of the agreement.
              * * * * * * *
      d. National Aeronautics and Space Administration Authorization Act,
                                Fiscal Year 1993

        Partial text of Public Law 102-588 [H.R. 6135], 106 Stat. 5107,
     approved November 4, 1992; as amended by Public Law 105-362 [Federal
      Reports Elimination Act of 1998; S. 1364], 112 Stat. 3280, approved
                               November 10, 1998

      AN ACT To authorize appropriations to the National Aeronautics and
       Space Administration for research and development, space flight,
     control and data communications, construction of facilities, research
     and program management, and Inspector General, and for other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Aeronautics and
    Space Administration Authorization Act, Fiscal Year 1993''.

                    TITLE I--AUTHORIZATION OF APPROPRIATIONS

    SEC. 101. FINDINGS.

        Congress finds that--
              (1) investments in research and development are
            directly linked to long-term productivity and economic
            growth;
              (2) as a major driver of advanced technology, the
            space program can play a major role in the Nation's
            reinvestment in civilian research and development;
              (3) in addition to carrying out the Nation's goals in
            science and exploration, the space program makes a
            significant and direct contribution to the national
            employment base and, through the development of
            advanced technologies, will contribute to sustaining a
            healthy employment base and economy in the future;
              (4) the long-term health of the United States space
            program is critically dependent on maintaining a stable
            and continuously evolving core program of science,
            space transportation, space exploration, space
            technology, and space applications;
              (5) such a core program must be based on a realistic
            projection of resources that will be available and, in
            the near term, should not exceed inflationary growth;
              (6) in addition to carrying out a core space program,
            international leadership, technological advancement,
            and expanded scientific knowledge will be enhanced by
            an expanded space program based on special initiatives
            in science, exploration, space transportation, space
            technology, and space applications;
              (7) the Nation's space program can provide a
            productive environment for utilizing the skills of
            scientists and engineers formerly involved in the
            Nation's defense sector;
              (8) civil space activities of the United States,
            whether made possible by, or in response to, Cold War
            strategic competition with the Soviet Union, must, in
            an era of declining political conflict, mature as
            instruments of United States foreign policy, and grow
            to support the national interest during the post-Cold
            War era;
              (9) the national interest is furthered by trade and
            cooperation among friendly nations, and to the extent
            the former Soviet republics have shown themselves
            willing and capable of fostering a friendship with the
            United States, the national interest is furthered
            through trade and cooperation of mutual advantage
            between the United States and the former Soviet
            republics in civil aerospace, space science, and space
            exploration;
              (10) a vigorous and coordinated effort by the United
            States and other spacefaring nations is needed to
            minimize the growth of orbital debris, and space
            activities should be conducted in a manner that
            minimizes the likelihood of additional orbital debris
            creation;
              (11) the aerospace industry, rooted in aeronautics,
            is a major positive contributor to United States
            international influence and competitiveness;
              (12) aeronautical research and development sustains
            our leadership in air transport and military aviation
            worldwide; and
              (13) the National Aero-Space Plane is a core
            technology for any national aerospace policy and will
            permit the United States to maintain a worldwide
            competitive posture into the future.

    SEC. 102. FISCAL YEAR 1993 AUTHORIZATION OF APPROPRIATIONS.

        (a) Research and Development.--There are authorized to be
    appropriated to the National Aeronautics and Space
    Administration to become available October 1, 1992, for
    ``Research and Development'' for the following programs:
              (1) Space Station Freedom, $2,100,000,000.
              (2) * * *
              (3) * * *
              (4) Life Sciences, $153,700,000, of which $2,000,000
            is authorized for cooperative life science activities
            on the Space Station Mir. None of the funds
            appropriated pursuant to this Act shall be used for the
            Search for Extraterrestrial Intelligence (SETI).
              (5)-(18) * * *
        (g) \1\ Earth Observing System.--(1) The Administrator
    shall carry out an Earth Observing System program that
    addresses the highest priority international climate change
    research goals as defined by the Committee on Earth and
    Environmental Sciences and the Intergovernmental Panel on
    Climate Change.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 2451 note.
    ---------------------------------------------------------------------------
        (2)(A) Within 180 days after the date of enactment of this
    Act, the Administrator shall submit to Congress a plan which
    will ensure that the highest priority measurements are
    maintained on schedule to the greatest extent practicable while
    lower priority measurements are deferred, deleted, or obtained
    through other means.
        (B) Within 90 days after the date of enactment of this Act,
    the Core System of the Earth Observing System Data and
    Information System, the Administrator shall submit to Congress
    a Development Plan which--
              (i) identifies the highest risk elements of the
            development effort and the key advanced technologies
            required to significantly increase scientific
            productivity;
              (ii) provides a plan for the development of one or
            more prototype systems for use in reducing the
            development risk of critical system elements and
            obtaining feedback for scientific users;
              (iii) provides a plan for research into key advanced
            technologies;
              (iv) identifies sufficient resources for carrying out
            the Development Plan; and
              (v) identifies how the Earth Observing System Data
            Information System will connect to and utilize other
            federally-supported research networks, including the
            National Research and Education Network.
              * * * * * * *

                          TITLE II--GENERAL PROVISIONS

              * * * * * * *

    SEC. 212.\2\ NATIONAL SPACE COUNCIL AUTHORIZATION.

        There are authorized to be appropriated to carry out the
    activities of the National Space Council established by section
    501 of the National Aeronautics and Space Administration
    Authorization Act, Fiscal Year 1989 (42 U.S.C. 2471),
    $1,598,000 for fiscal year 1993, of which not more than $1,000
    shall be available for official reception and representation
    expenses. The National Space Council shall reimburse other
    agencies for not less than one-half of the personnel
    compensation costs of individuals detailed to it.
    ---------------------------------------------------------------------------
        \2\ 42 U.S.C. 2471 note.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 215. SPACE AGENCY FORUM ON INTERNATIONAL SPACE YEAR.

        (a) Sense of Congress.--It is the sense of Congress that--
              (1) it is in the national interest that the Space
            Agency Forum on International Space Year (in this
            section referred to as ``SAFISY'') maintain its
            facilitating role in the coordination of current and
            planned complementary Earth and space science research
            findings so as to maximize scientific return;
              (2) the initiative for multilateral scientific
            cooperation among space agencies and international
            scientific organizations undertaken by SAFISY should
            continue beyond 1992, the International Space Year; and
              (3) the National Aeronautics and Space Administration
            and the National Oceanic and Atmospheric Administration
            should pursue implementation of proposals for long-term
            multilateral scientific cooperation developed during
            the International Space Year, notably those contained
            in the report of the second Pacific ISY Conference.
        (b) Report to Congress.--At the earliest practicable date,
    but not later than September 1, 1993, the National Aeronautics
    and Space Administration shall submit to Congress its plan for
    continuing SAFISY activities, with particular reference to
    planned coordination of current and future complementary Earth
    and space science research findings, and other acts of
    multilateral scientific cooperation.
              * * * * * * *

    SEC. 218.\3\ SPACE COOPERATION WITH THE FORMER SOVIET REPUBLICS.

        (a) Report to Congress.--Within one year after the date of
    enactment of this Act, the President shall submit to Congress a
    report describing--
    ---------------------------------------------------------------------------
        \3\ 15 U.S.C. 5801 note.
    ---------------------------------------------------------------------------
              (1) the opportunities for increased space related
            trade with the independent states of the former Soviet
            Union;
              (2) a technology procurement plan for identifying and
            evaluating all unique space hardware, space technology,
            and space services available to the United States from
            the independent states of the former Soviet Union,
            specifically including those technologies the National
            Aeronautics and Space Administration has identified as
            high priority in its Space Research and Technology
            Integrated Technology Plan.
              (3) the trade missions carried out pursuant to
            subsection (c), including the private participation and
            the results of such missions;
              (4) the offices and accounts of the National
            Aeronautics and Space Administration to which expenses
            for either cooperative activities or procurement
            actions, involving the independent states of the former
            Soviet Union, are charged;
              (5) any barriers, regulatory or practical, that
            inhibit space-related trade between the United States
            and the independent states of the former Soviet Union,
            including such barriers in either the United States or
            the independent states; and
              (6) any anticompetitive issues raised by a potential
            acquisition.
        (b) Notification to Congress.--If any United States
    Government agency denies a request for a license or other
    approval that may be necessary to conduct discussions on space-
    related matters with the independent states of the former
    Soviet Union, that agency shall immediately notify the Speaker
    of the House of Representatives and President of the Senate.
    Each such notification shall include a statement of the reasons
    for the denial.
        (c) Role of the Office of Space Commerce.--The Office of
    Space Commerce of the Department of Commerce is authorized and
    encouraged to conduct trade missions to appropriate independent
    states of the former Soviet Union for the purpose of
    familiarizing United States aerospace industry representatives
    with space hardware, space technologies, and space services
    that may be available from the independent states, and with the
    business practices and overall business climate in the
    independent states. The Office of Space Commerce shall also
    advise the Administrator as to the impact on United States
    industry of each potential acquisition of space hardware, space
    technology, or space services from the independent states of
    the former Soviet Union, specifically including any
    anticompetitive issues the Office may observe.
              * * * * * * *

                     TITLE VI--BIOMEDICAL RESEARCH IN SPACE

    SEC. 601.\4\ FINDINGS.

        The Congress finds that--
    ---------------------------------------------------------------------------
        \4\ 42 U.S.C. 2487.
    ---------------------------------------------------------------------------
              (1) the space program can make significant
            contributions to selected areas of health-related
            research and should be an integral part of the Nation's
            health research and development program;
              (2) the continuing development of trained scientists
            and engineers is essential to carrying out an effective
            and sustained program of biomedical research in space
            and on the ground;
              (3) the establishment and maintenance of an
            electronically accessible archive of data on space-
            related biomedical research is essential to advancement
            of the field;
              (4) cooperation with the republics of the former
            Soviet Union, including use of former Soviet orbital
            facilities, offers the potential for greatly enhanced
            biomedical research activities and progress; and
              (5) the establishment and maintenance of an
            international telemedicine consultation satellite
            capability to support emergency medical service
            provision can provide an important aid to disaster
            relief efforts.
              * * * * * * *

    SEC. 605.\5\ JOINT FORMER SOVIET UNION STUDIES IN BIOMEDICAL RESEARCH.
                        * * * [REPEALED--1998]
    ---------------------------------------------------------------------------

        \5\ Sec. 1101(g) of Public Law 105-362 (112 Stat. 3292) repealed
    sec. 605. It previously read as follows:
        ``The Administrator, in consultation with the Director of the
    National Institutes of Health, shall, as soon as practicable, establish
    and submit to Congress a plan for the conduct of joint biomedical
    research activities by the republics of the former Soviet Union and the
    United States, including the use of the United States Space Shuttle and
    former Soviet orbital facilities such as the Mir space station.''.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 607.\6\ ESTABLISHMENT OF EMERGENCY MEDICAL SERVICE TELEMEDICINE
                        CAPABILITY.

        The Administrator shall with the Director of the Federal
    Emergency Management Agency, the Director of the Office of
    Foreign Disaster, and the Surgeon General of the United States
    jointly create and maintain an international telemedicine
    satellite consultation capability to support emergency medical
    services in disaster-stricken areas.
    ---------------------------------------------------------------------------
        \6\ 42 U.S.C. 2487f.
    ---------------------------------------------------------------------------

    SEC. 608.\7\ AUTHORIZATION OF APPROPRIATIONS.

        The Administrator should ensure that up to $3,750,000 from
    the appropriations authorized for ``Research and Development''
    for fiscal year 1993 are also used to carry out this title.
    ---------------------------------------------------------------------------
        \7\ 42 U.S.C. 2487g.
      e. National Aeronautics and Space Administration Authorization Act,
                                Fiscal Year 1992

        Partial text of Public Law 102-195 [H.R. 1988], 105 Stat. 1605,
                           approved December 9, 1991

      AN ACT To authorize appropriations to the National Aeronautics and
       Space Administration for research and development, space flight,
    control, and data communications, construction of facilities, research
     and program management, and Inspector General, and for other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Aeronautics and
    Space Administration Authorization Act, Fiscal Year 1992''.

    SEC. 2.\1\ FINDINGS.

        Congress finds that--
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 2451 note.
    ---------------------------------------------------------------------------
              (1) * * *
              (2) * * *
              (3) development of an adequate data base for life
            sciences in space will be greatly enhanced through
            closer scientific cooperation with the Soviet Union,
            including active use of manned Soviet space stations;
              (4)-(10) * * *

    SEC. 3.\1\ POLICY.

        It is the policy of the United States that--
              (1)-(4) * * *
              (5) the National Aeronautics and Space Administration
            should promote and support efforts to advance
            scientific understanding by conducting or otherwise
            providing for research on environmental problems,
            including global change, ozone depletion, acid
            precipitation, deforestation, and smog.

    SEC. 4. AUTHORIZATION OF APPROPRIATIONS FOR NASA.

        (a) Research and Development.--There is authorized to be
    appropriated to the National Aeronautics and Space
    Administration to become available October 1, 1991, for
    ``Research and development'', for the following programs:
              (1) United States International Space Station
            Freedom, $2,028,900,000 for fiscal year 1992, of which
            $18,000,000 is authorized for the design and
            development of an Assured Crew Return Vehicle.
              * * * * * * *

    SEC. 10. PEACEFUL USES OF SPACE STATION.

        No civil space station authorized under section 4(a)(1) of
    this Act may be used to carry or place in orbit any nuclear
    weapon or any other weapon of mass destruction, to install any
    such weapon on any celestial body, or to station any such
    weapon in space in any other manner. This civil space station
    may be used only for peaceful purposes.
              * * * * * * *

    SEC. 14. NATIONAL SPACE COUNCIL AUTHORIZATION.

        (a) \2\ Authorization of Appropriations.--There are
    authorized to be appropriated to carry out the activities of
    the National Space Council established by section 501 of the
    National Aeronautics and space Administration Authorization
    Act, Fiscal Year 1989 (42 U.S.C. 2471), $1,491,000 for fiscal
    year 1992, of which not more than $1,000 shall be available for
    official reception and representation expenses. The National
    Space council shall reimburse other agencies for not less than
    one-half of the personnel compensation costs of individuals
    detailed to it.
    ---------------------------------------------------------------------------
        \2\ 42 U.S.C. 2471 note.
    ---------------------------------------------------------------------------
        (b) Landsat Data Continuity.--It is the sense of Congress
    that the National Space Council, in coordination with the
    Committee on Earth and Environmental Sciences, should establish
    policy recommendations for carrying out the President's
    commitment to maintaining the continuity of Landsat data,
    including plans and programs for a successor to Landsat 6,
    organizational options and recommendations for acquiring
    Landsat data for global change research, national security,
    environmental management, and other governmental purposes, and
    options and recommendations for encouraging the use of Landsat
    data by commercial firms and development of the commercial
    market for such data. Such policy recommendations shall be
    transmitted in writing to Congress at the time of submission of
    the President's fiscal year 1993 budget.
              * * * * * * *
      f. National Aeronautics and Space Administration Authorization Act,
                                Fiscal Year 1991

    Partial text of Public Law 101-611 [S. 2287], 104 Stat. 3188, approved
                               November 16, 1990

      AN ACT To authorize appropriations to the National Aeronautics and
       Space Administration for research and development, space flight,
       control and data communications, construction of facilities, and
            research and program management, and for other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``National Aeronautics and
    Space Administration Authorization Act, Fiscal Year 1991''.

     TITLE I--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION AUTHORIZATIONS

    SEC. 101.\1\ FINDINGS.

        The Congress finds that--
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 2451 note.
    ---------------------------------------------------------------------------
              (1) over the next decade, the United States
            aeronautics and space program will be directed toward
            major national priorities of understanding, preserving,
            and enhancing our global environment, hypersonic
            transportation, human exploration, and emerging
            technology commercialization;
              (2) * * *
              (3) * * *
              (4) the United States space program is based on a
            solid record of achievement and continues to promote
            the objective of international cooperation in the
            exploration of the planets and the universe;
              (5)-(14) * * *

    SEC. 102.\1\ POLICY.

        It is declared to be national policy that the United States
    should--
              (1) * * *
              (2) * * *
              (3) ensure that the long-range environmental impact
            of all activities carried out under this title are
            fully understood and considered;
              (4) promote and support efforts to advance scientific
            understanding by conducting or otherwise providing for
            research on environmental problems, including global
            change, ozone depletion, acid precipitation,
            deforestation, and smog;
              (5)-(11) * * *
              (12) continue to seek opportunities for international
            cooperation in space and fully support international
            cooperative agreements;
              (13)-(16) * * *

    SEC. 103. AUTHORIZATION OF APPROPRIATIONS.

        (a) Authorizations.--There are authorized to be
    appropriated to the National Aeronautics and Space
    Administration the following amounts:
              (1) For ``research and development'', for the
            following programs:
                      (A) United States International Space Station
                    Freedom:
                              (i) Notwithstanding section
                            201(a)(1)(A) of the National
                            Aeronautics and Space Administration
                            Authorization Act, Fiscal Year 1989,
                            not more than $2,451,000,000 shall be
                            made available for fiscal year 1991.
                              (ii) Such sums as are necessary from
                            funds authorized for the United States
                            International Space Station Freedom
                            shall be used to initiate a flight test
                            of the solar dynamic power program. By
                            May 1, 1991, the Administrator shall
                            submit to the Committee on Commerce,
                            Science, and Transportation of the
                            Senate and the Committee on Science,
                            Space, and Technology \2\ of the House
                            of Representatives a report on the
                            implementation plan for the conduct of
                            a flight test of the solar dynamic
                            power program.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(10) of Public Law 104-14 (109 Stat. 187) provided
    that references to the Committee on Science, Space, and Technology of
    the House of Representatives shall be treated as referring to the
    Committee on Science of the House of Representatives.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 108.\1\ NATIONAL SPACE COUNCIL AUTHORIZATION.

        (a) There are authorized to be appropriated to carry out
    the activities of the National Space Council established by
    section 501 of the National Aeronautics and Space
    Administration Authorization Act, Fiscal Year 1989 (42 U.S.C.
    2471), $1,363,000 for fiscal year 1991, of which not more than
    $1,000 shall be available for official reception and
    representation expenses. The National Space Council shall
    reimburse other agencies for not less than one-half of the
    personnel compensation costs of individuals detailed to it.
        (b) It is the sense of Congress that the National Space
    Council should, by October 1, 1991, establish guidelines and
    policy recommendations, including the need for licensing, for
    the conduct of expendable launch vehicle operations in which a
    Federal agency assumes substantial responsibility for public
    safety, indemnification, and administrative oversight.
              * * * * * * *

    SEC. 112.\3\ SPACE SHUTTLE USE POLICY.

        (a)(1) It shall be the policy of the United States to use
    the Space Shuttle for purposes that (i) require the presence of
    man, (ii) require the unique capabilities of the Space Shuttle
    or (iii) when other compelling circumstances exist.
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 2465a.
    ---------------------------------------------------------------------------
        (2) The term ``compelling circumstances'' includes, but is
    not limited to, occasions when the Administrator determines, in
    consultation with the Secretary of Defense and the Secretary of
    State, that important national security or foreign policy
    interests would be served by a Shuttle launch.
        (3) The policy stated in subsection (a)(1) shall not
    preclude the use of available cargo space, on a Space Shuttle
    mission otherwise consistent with the policy described under
    subsection (a)(1), for the purpose of carrying secondary
    payloads (as defined by the Administrator) that do not require
    the presence of man if such payloads are consistent with the
    requirements of research, development, demonstration,
    scientific, commercial, and educational programs authorized by
    the Administrator.
        (b) The Administrator shall, within six months after the
    date of enactment of this Act, submit a report to the Congress
    setting forth a plan for the implementation of the policy
    described in subsection (a)(1). Such plan shall include--
              (1) details of the implementation plan;
              (2) a list of purposes that meet such policy;
              (3) a proposed schedule for the implementation of
            such policy;
              (4) an estimate of the costs to the United States of
            implementing such policy; and
              (5) a process for informing the Congress in a timely
            and regular manner of how the plan is being
            implemented.
        (c) At least annually, the Administrator shall submit to
    the Congress a report certifying that the payloads scheduled to
    be launched on the space shuttle for the next four years are
    consistent with the policy set forth in subsection (a)(1). For
    each payload scheduled to be launched from the space shuttle,
    which do not require the presence of man, the Administrator
    shall, in the certified report to Congress, state the specific
    circumstances which justified the use of the space shuttle. If,
    during the period between scheduled reports to the Congress,
    any additions are made to the list of certified payloads
    intended to be launched from the Shuttle, the Administrator
    shall inform the Congress of the additions and the reasons
    therefor within 45 days of the change.
        (d) The report described in subsection (c) shall also
    include those National Aeronautics and Space Administration
    payloads designed solely to fly on the space shuttle which have
    begun the phase C/D of its development cycle.
              * * * * * * *

    SEC. 114.\1\ STUDY ON INTERNATIONAL COOPERATION IN PLANETARY
                        EXPLORATION.

        (a) Findings.--The Congress finds that
              (1) the President on July 20, 1989, established the
            long-range goal of establishing a lunar base, followed
            by manned exploration of Mars in the early twenty-first
            century;
              (2) the United States and the Soviet Union, in
            cooperation with other countries, are currently
            planning further unmanned missions to the Moon and to
            Mars with the possible goal of landing a human on Mars;
              (3) a series of international missions to expand
            human presence beyond Earth orbit would further a
            spirit of, and follow through on the commitment made
            in, the 1987 agreement between the Soviet Union and the
            United States for space cooperation, as well as the
            successful cooperative agreements the United States has
            pursued with over one hundred countries since its
            inception, including the agreement with Japan, Canada,
            and the European countries for Space Station Freedom;
              (4) international manned missions beyond Earth orbit
            could further encourage a cooperative approach in world
            affairs unrelated to activities in space;
              (5) international manned missions beyond Earth orbit
            could save the individual nations involved tens of
            billions of dollars over national missions; and
              (6) a multilateral effort for manned missions to
            establish a lunar colony, a Mars mission, and any other
            missions that have the goal of establishing human
            presence beyond Earth's orbit and possibly landing a
            human on Mars would lead to greater understanding of
            our universe and greater sensitivity to our own planet.
        (b) Study.--The National Space Council shall conduct a
    study on International Cooperation in Planetary Exploration
    (hereafter in this section referred to as the ``study'').
        (c) Purpose of Study.--The purpose of the study is--
              (1) to develop an inventory of technologies and
            intentions of all national space agencies with regard
            to lunar and planetary exploration, both manned and
            unmanned;
              (2) to seek ways, through direct communication with
            appropriate officials of other nations or otherwise, to
            enhance the planning and exchange of information and
            data among the United States, the Soviet Union,
            European countries, Canada, Japan, and other interested
            countries with respect to unmanned projects beyond
            Earth orbit, in anticipation of later international
            manned missions to the Moon and to other bodies,
            including the possible goal of an international manned
            mission to Mars;
              (3) to prepare a detailed proposal that most
            efficiently uses the resources of the national space
            agencies in cooperative endeavors to establish human
            presence beyond Earth orbit;
              (4) to develop priority goals that accomplish unmet
            needs that could not be achieved by any individual
            country;
              (5) to explore the possibilities of international
            unmanned probes to the Moon and Mars, and the
            possibilities for international manned missions beyond
            Earth's orbit; and
              (6) to devise strategies for such cooperation that
            would prevent the unwanted transfer of technology.
    In developing the inventory under paragraph (1), and in
    preparing the detailed proposal under paragraph (3),
    consideration shall be given to the potential contributions of
    commercial providers of space goods and services.
        (d) Report.--The National Space Council shall, within one
    year after the date of the enactment of this Act, prepare and
    submit to Congress a report--
              (1) outlining a preliminary strategy for cooperation
            among the United States, the Soviet Union, European
            countries, Canada, Japan, and other interested
            countries, based on their respective national
            strengths, with respect to unmanned projects beyond
            Earth orbit, in anticipation of later international
            manned missions to the Moon and to other bodies,
            including the possible goal of an international manned
            mission to Mars;
              (2) including a conceptual design of a possible
            international manned mission, in coordination with the
            preliminary strategy referred to in paragraph (1), with
            target dates and a breakdown of responsibilities by
            nation;
              (3) containing an inventory of planned and
            anticipated missions, manned and unmanned, that are
            being considered by national space agencies and
            commercial providers of space goods and services; and
              (4) containing an inventory of space exploration
            technologies that either--
                      (A) are not immediately available in the
                    United States but are available from other
                    nations; or
                      (B) are available in the United States but
                    are available from other nations in equal or
                    superior form.
              * * * * * * *

    SEC. 118. SPACE DEBRIS.

        (a) Findings.--The Congress finds that--
              (1) if space users fail to act soon to reduce their
            contribution to debris in space, orbital debris could
            severely restrict the use of some orbits within a
            decade;
              (2) the lack of adequate data on the orbital
            distribution and size of debris will continue to hamper
            efforts to reduce the threat that debris poses to
            spacecraft; and
              (3) existing international treaties and agreements
            are inadequate for minimizing the generation of orbital
            debris or controlling its effects.
        (b) Sense of Congress.--It is the sense of Congress that
    the goal of United States policy should be that--
              (1) the space related activities of the United States
            should be conducted in a manner that does not increase
            the amount of orbital space debris; and
              (2) the United States should engage other spacefaring
            Nations to develop an agreement on the conduct of space
            activities that ensures that the amount of orbital
            space debris is not increased.
              * * * * * * *

    SEC. 123. PEACEFUL USES OF SPACE STATION.

        No civil space station authorized under section 103(a)(1)
    of this Act may be used to carry or place in orbit any nuclear
    weapon or any other weapon of mass destruction, to install any
    such weapon on any celestial body, or to station any such
    weapon in space in any other manner. This civil space station
    may be used only for peaceful purposes.
              * * * * * * *

    SEC. 126. NATIONAL CIVIL REMOTE-SENSING ADVISORY COMMITTEE.

        Not later than 90 days after the date of enactment of this
    Act, the Director of the Office of Science and Technology
    Policy shall report to the Congress on the advisability of
    establishing a permanent National Civil Remote-Sensing Advisory
    Committee. The report should address concerns related to
    national security, conflict of interest, and duplication of
    existing authorities. In preparing the report, the Director
    shall assess the effectiveness of a National Civil Remote-
    Sensing Advisory Committee comprised of interested private-
    sector persons (including remote-sensing data users, data
    vendors, technology developers, system operators, information
    management and telecommunications specialists, and social
    scientists) which would--
              (1) provide advice and policy recommendations to the
            President, the President's Science Advisor, the
            National Aeronautics and Space Administration, the
            National Oceanic and Atmospheric Administration, and
            relevant committees of the Congress on the development
            of a national civil remote-sensing policy that would be
            responsive to both user needs and global developments,
            in terms of--
                      (A) coordinating land, oceanic, and
                    atmospheric remote-sensing systems, including
                    ground stations;
                      (B) coordinating research and development,
                    applications, and commercial remote-sensing
                    activities;
                      (C) fostering effective integration of
                    satellite, aerial, and in situ data; and
                      (D) assessing current institutional
                    arrangements for the management, exploitation,
                    and sharing of both real-time and archived
                    data;
              (2) provide recommendations on the conduct of
            cooperative test and applications demonstration
            projects designed to manage environmental pollution and
            the use of natural resources; and
              (3) coordinate with the United States Global Change
            Research Program on issues of mutual concern.

    SEC. 127.\4\ DEFINITION.

        For purposes of this title, the term ``Administrator''
    means the Administrator of the National Aeronautics and Space
    Administration.
    ---------------------------------------------------------------------------
        \4\ 42 U.S.C. 2465a note.
    ---------------------------------------------------------------------------
              * * * * * * *
      g. National Aeronautics and Space Administration Authorization Act,
                                Fiscal Year 1989

    Partial text of Public Law 100-685 [S. 2209], 102 Stat. 4083, approved
                               November 17, 1988

      AN ACT To authorize appropriations to the National Aeronautics and
       Space Administration for research and development, space flight,
       control and data communications, construction of facilities, and
            research and program management, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``National Aeronautics and Space
    Administration Authorization Act, Fiscal Year 1989''.

      TITLE I--NATIONAL AERONAUTICS AND SPACE CAPITAL DEVELOPMENT PROGRAM

                                    findings

        Sec. 101.\1\ Congress finds that--
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 2451 note.
    ---------------------------------------------------------------------------
        (1) in accordance with section 106 of the National
    Aeronautics and Space Administration Authorization Act of 1988
    (Public Law 100-147), a space station, hereafter referred to as
    the United States International Space Station, shall be
    constructed in order to establish a permanent presence for man
    in space for the following purposes--
              (A) the conduct of scientific experiments,
            applications experiments, and engineering experiments;
            * * *
        (2)-(9) * * *
        (10) the United States faces an increasingly successful
    foreign challenge to its traditional preeminent position in
    aeronautics which is rapidly reducing its lead in both civil
    and military aircraft;
        (11) * * *
        (12) the establishment of a permanent presence in space
    leading ultimately to space settlements is fully consistent
    with the goals of the National Aeronautics and Space Act of
    1958;
              * * * * * * *

          TITLE II--FISCAL YEAR 1989 NASA AND MULTIYEAR SPACE STATION
                                 AUTHORIZATION

                                 authorization

        Sec. 201. (a) There is hereby authorized to be appropriated
    to the National Aeronautics and Space Administration for fiscal
    year 1989, except as otherwise stated:
              (1) For ``Research and development'' for the
            following programs:
                      (A) United States International Space
                    Station, $900,000,000 for fiscal year 1989,
                    $2,130,200,000 for fiscal year 1990, and
                    $2,912,500,000 for fiscal year 1991.
              * * * * * * *

                     international space docking capability

        Sec. 210. (a) It is the sense of Congress that the
    Administrator should establish a multilateral working group of
    representatives from the space agencies of appropriate
    spacefaring nations, including the Union of Soviet Socialist
    Republics, and from appropriate international entities, to
    explore the technological and procedural principles that would
    be necessary to achieve an international space docking
    capability, communications, and life support systems, and also
    space rescue missions which could particularly benefit from the
    use of such a capability.
        (b) Within 6 months after the date of the enactment of this
    Act, the Administrator shall advise the Congress on the status
    of establishing an International Space Docking Working Group as
    recommended in subsection (a).
              * * * * * * *

                               space settlements

        Sec. 217. (a) * * *
        (b) In pursuit of the establishment of an International
    Space Year in 1992 pursuant to Public Law 99-170, the United
    States shall exercise leadership and mobilize the international
    community in furtherance of increasing mankind's knowledge and
    exploration of the solar system.
        (c) Once every 2 years after the date of the enactment of
    this Act, the National Aeronautics and Space Administration
    shall submit a report to the President and to the Congress
    which--
              (1)-(6) * * *
              (7) reviews mechanism and institutional options which
            could foster a broad-based plan for international
            cooperation in establishing space settlements;
              (8) analyzes the economics of financing space
            settlements, especially with respect to private sector
            and international participation;
              * * * * * * *
        Sec. 410. The Secretary, in Consultation with the Secretary
    of State, the Administration of the National Aeronautics and
    Space Administration, and appropriate non-Federal
    organizations, shall submit to the Committee on Commerce,
    Science, and Transportation of the Senate and the Committee on
    Science, Space, and Technology \2\ of the House of
    Representatives a plan to construct and operate a worldwide
    system of ground-based remote sensors to monitor the
    stratospheric levels of chemicals which can affect the level of
    ozone in the stratosphere and to use these results to improve
    our understanding of the possible changes in stratospheric
    ozone that are the consequence of human activities. The plans
    shall include time lines for construction and operation of the
    system, a description of the roles of the National Oceanic and
    Atmospheric Administration and the National Aeronautics and
    Space Administration, non-Federal organizations, other nations,
    and international organizations in constructing and operating
    the system, and estimates of the costs to construct and operate
    the system. The plan shall be submitted not later than July 1,
    1989.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(10) of Public Law 104-14 (109 Stat. 187) provided
    that references to the Committee on Science, Space, and Technology of
    the House of Representatives shall be treated as referring to the
    Committee on Science of the House of Representatives.
    ---------------------------------------------------------------------------
        Sec. 411. It is the sense of the Congress that the global
    change program represents a significant opportunity for
    international cooperation and that it is in the best interest
    of the United States to maintain a separate civilian polar
    meteorological satellite program to facilitate data sharing
    with foreign participants in the global change program.
              * * * * * * *

                        TITLE V--NATIONAL SPACE COUNCIL

                             national space council

        Sec. 501.\3\ (a) Effective February 1, 1989, there is
    established in the Executive Office of the President the
    National Space Council, which shall be chaired by the Vice
    President.
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 2471. See also National Space Council Authorization
    Act of 1990, and National Space Council as established by Executive
    Order 12675.
    ---------------------------------------------------------------------------
        (b) By March 1, 1989, the President shall submit to the
    Congress a report that outlines the composition and functions
    of the National Space Council.
        (c) The Council may employ a staff of not more than seven
    persons, which is to be headed by a civilian executive
    secretary, who shall be appointed by the President.
              * * * * * * *
     h. National Aeronautics and Space Administration Authorization Act of
                                      1988

    Partial text of Public Law 100-147 [H.R. 2782], 101 Stat. 860, approved
                                October 30, 1987

      AN ACT To authorize appropriations to the National Aeronautics and
       Space Administration for research and development; space flight,
       control and data communications; construction of facilities; and
            research and program management; and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``National Aeronautics and Space
    Administration Authorization Act of 1988''.
              * * * * * * *
        Sec. 106. (a) \1\ * * *
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 2451 note.
    ---------------------------------------------------------------------------
        (b) * * *
        (c) * * *
        (d) * * *
        (e) The Administrator shall promote international
    cooperation in the space station program by undertaking the
    development, construction, and operation of the space station
    in conjunction with (but not limited to) the Governments of
    Europe, Japan, and Canada.
              * * * * * * *
        Sec. 112.\1\ The Intergovernmental Agreement currently
    being negotiated between the United States Government and
    Canada, Japan, and member governments of the European Space
    Agency, and the Memorandum of Understanding currently being
    negotiated between the National Aeronautics and Space
    Administration and its counterpart agencies in Canada, Japan,
    and Europe concerning the detailed design, development,
    construction, operation, or utilization of the space station
    shall be submitted to the Committee on Commerce, Science, and
    Transportation of the Senate and the Committee on Science,
    Space, and Technology \2\ of the House of Representatives. No
    such agreement shall take effect until 30 days have passed
    after the receipt by such committees of the agreement.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(10) of Public Law 104-14 (109 Stat. 187) provided
    that references to the Committee on Science, Space, and Technology of
    the House of Representatives shall be treated as referring to the
    Committee on Science of the House of Representatives.
                        i. Commercial Space Act of 1998

        Partial text of Public Law 105-303 [H.R. 1702], 112 Stat. 2843,
     approved October 28, 1998; as amended by Public Law 106-65 [National
      Defense Authorization Act for Fiscal Year 2000; S. 1059], 113 Stat.
                         512, approved October 5, 1999

     AN ACT To encourage the development of a commercial space industry in
                   the United States, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.
    ---------------------------------------------------------------------------

        \1\ 42 U.S.C. 14701 note.
    ---------------------------------------------------------------------------
        (a) Short Title.--This Act may be cited as the ``Commercial
    Space Act of 1998''.
        (b) Table of Contents.-- * * *

    SEC. 2.\2\ DEFINITIONS.

        For purposes of this Act--
    ---------------------------------------------------------------------------
        \2\ 42 U.S.C. 14701.
    ---------------------------------------------------------------------------
              (1) the term ``Administrator'' means the
            Administrator of the National Aeronautics and Space
            Administration;
              (2) the term ``commercial provider'' means any person
            providing space transportation services or other space-
            related activities, primary control of which is held by
            persons other than Federal, State, local, and foreign
            governments;
              (3) the term ``payload'' means anything that a person
            undertakes to transport to, from, or within outer
            space, or in suborbital trajectory, by means of a space
            transportation vehicle, but does not include the space
            transportation vehicle itself except for its components
            which are specifically designed or adapted for that
            payload;
              (4) the term ``space-related activities'' includes
            research and development, manufacturing, processing,
            service, and other associated and support activities;
              (5) the term ``space transportation services'' means
            the preparation of a space transportation vehicle and
            its payloads for transportation to, from, or within
            outer space, or in suborbital trajectory, and the
            conduct of transporting a payload to, from, or within
            outer space, or in suborbital trajectory;
              (6) the term ``space transportation vehicle'' means
            any vehicle constructed for the purpose of operating
            in, or transporting a payload to, from, or within,
            outer space, or in suborbital trajectory, and includes
            any component of such vehicle not specifically designed
            or adapted for a payload;
              (7) the term ``State'' means each of the several
            States of the Union, the District of Columbia, the
            Commonwealth of Puerto Rico, the Virgin Islands, Guam,
            American Samoa, the Commonwealth of the Northern
            Mariana Islands, and any other commonwealth, territory,
            or possession of the United States; and
              (8) the term ``United States commercial provider''
            means a commercial provider, organized under the laws
            of the United States or of a State, which is--
                      (A) more than 50 percent owned by United
                    States nationals; or
                      (B) a subsidiary of a foreign company and the
                    Secretary of Transportation finds that--
                              (i) such subsidiary has in the past
                            evidenced a substantial commitment to
                            the United States market through--
                                      (I) investments in the United
                                    States in long-term research,
                                    development, and manufacturing
                                    (including the manufacture of
                                    major components and
                                    subassemblies); and
                                      (II) significant
                                    contributions to employment in
                                    the United States; and
                              (ii) the country or countries in
                            which such foreign company is
                            incorporated or organized, and, if
                            appropriate, in which it principally
                            conducts its business, affords
                            reciprocal treatment to companies
                            described in subparagraph (A)
                            comparable to that afforded to such
                            foreign company's subsidiary in the
                            United States, as evidenced by--
                                      (I) providing comparable
                                    opportunities for companies
                                    described in subparagraph (A)
                                    to participate in Government
                                    sponsored research and
                                    development similar to that
                                    authorized under this Act;
                                      (II) providing no barriers,
                                    to companies described in
                                    subparagraph (A) with respect
                                    to local investment
                                    opportunities, that are not
                                    provided to foreign companies
                                    in the United States; and
                                      (III) providing adequate and
                                    effective protection for the
                                    intellectual property rights of
                                    companies described in
                                    subparagraph (A).

              TITLE I--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES

    SEC. 101.\3\ COMMERCIALIZATION OF SPACE STATION.

        (a) Policy.--The Congress declares that a priority goal of
    constructing the International Space Station is the economic
    development of Earth orbital space. The Congress further
    declares that free and competitive markets create the most
    efficient conditions for promoting economic development, and
    should therefore govern the economic development of Earth
    orbital space. The Congress further declares that the use of
    free market principles in operating, servicing, allocating the
    use of, and adding capabilities to the Space Station, and the
    resulting fullest possible engagement of commercial providers
    and participation of commercial users, will reduce Space
    Station operational costs for all partners and the Federal
    Government's share of the United States burden to fund
    operations.
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 14711.
    ---------------------------------------------------------------------------
        (b) Reports.--(1) The Administrator shall deliver to the
    Committee on Science of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of the
    Senate, within 90 days after the date of the enactment of this
    Act, a study that identifies and examines--
              (A) the opportunities for commercial providers to
            play a role in International Space Station activities,
            including operation, use, servicing, and augmentation;
              (B) the potential cost savings to be derived from
            commercial providers playing a role in each of these
            activities;
              (C) which of the opportunities described in
            subparagraph (A) the Administrator plans to make
            available to commercial providers in fiscal years 1999
            and 2000;
              (D) the specific policies and initiatives the
            Administrator is advancing to encourage and facilitate
            these commercial opportunities; and
              (E) the revenues and cost reimbursements to the
            Federal Government from commercial users of the Space
            Station.
        (2) The Administrator shall deliver to the Committee on
    Science of the House of Representatives and the Committee on
    Commerce, Science, and Transportation of the Senate, within 180
    days after the date of the enactment of this Act, an
    independently conducted market study that examines and
    evaluates potential industry interest in providing commercial
    goods and services for the operation, servicing, and
    augmentation of the International Space Station, and in the
    commercial use of the International Space Station. This study
    shall also include updates to the cost savings and revenue
    estimates made in the study described in paragraph (1) based on
    the external market assessment.
        (3) The Administrator shall deliver to the Congress, no
    later than the submission of the President's annual budget
    request for fiscal year 2000, a report detailing how many
    proposals (whether solicited or not) the National Aeronautics
    and Space Administration received during calendar years 1997
    and 1998 regarding commercial operation, servicing,
    utilization, or augmentation of the International Space
    Station, broken down by each of these four categories, and
    specifying how many agreements the National Aeronautics and
    Space Administration has entered into in response to these
    proposals, also broken down by these four categories.
        (4) Each of the studies and reports required by paragraphs
    (1), (2), and (3) shall include consideration of the potential
    role of State governments as brokers in promoting commercial
    participation in the International Space Station program.

    SEC. 102.\4\ COMMERCIAL SPACE LAUNCH AMENDMENTS.
    ---------------------------------------------------------------------------

        \4\ Sec. 102 amends chapter 701 of 49 U.S.C.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 103.\5\ LAUNCH VOUCHER DEMONSTRATION PROGRAM.
    ---------------------------------------------------------------------------

        \5\ Sec. 103 amends sec. 504 of the National Aeronautics and Space
    Administration Authorization Act, Fiscal Year 1993 (Public Law 102-588;
    106 Stat. 5107).
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 104.\6\ PROMOTION OF UNITED STATES GLOBAL POSITIONING SYSTEM
                        STANDARDS.

        (a) Finding.--The Congress finds that the Global
    Positioning System, including satellites, signal equipment,
    ground stations, data links, and associated command and control
    facilities, has become an essential element in civil,
    scientific, and military space development because of the
    emergence of a United States commercial industry which provides
    Global Positioning System equipment and related services.
    ---------------------------------------------------------------------------
        \6\ 42 U.S.C. 14712.
    ---------------------------------------------------------------------------
        (b) International Cooperation.--In order to support and
    sustain the Global Positioning System in a manner that will
    most effectively contribute to the national security, public
    safety, scientific, and economic interests of the United
    States, the Congress encourages the President to--
              (1) ensure the operation of the Global Positioning
            System on a continuous worldwide basis free of direct
            user fees;
              (2) enter into international agreements that promote
            cooperation with foreign governments and international
            organizations to--
                      (A) establish the Global Positioning System
                    and its augmentations as an acceptable
                    international standard; and
                      (B) eliminate any foreign barriers to
                    applications of the Global Positioning System
                    worldwide; and
              (3) provide clear direction and adequate resources to
            the Assistant Secretary of Commerce for Communications
            and Information so that on an international basis the
            Assistant Secretary can--
                      (A) achieve and sustain efficient management
                    of the electromagnetic spectrum used by the
                    Global Positioning System; and
                      (B) protect that spectrum from disruption and
                    interference.

    SEC. 105.\7\ ACQUISITION OF SPACE SCIENCE DATA.

        (a) Acquisition From Commercial Providers.--The
    Administrator shall, to the extent possible and while
    satisfying the scientific or educational requirements of the
    National Aeronautics and Space Administration, and where
    appropriate, of other Federal agencies and scientific
    researchers, acquire, where cost effective, space science data
    from a commercial provider.
    ---------------------------------------------------------------------------
        \7\ 42 U.S.C. 14713.
    ---------------------------------------------------------------------------
        (b) Treatment of Space Science Data as Commercial Item
    Under Acquisition Laws.--Acquisitions of space science data by
    the Administrator shall be carried out in accordance with
    applicable acquisition laws and regulations (including chapters
    137 and 140 of title 10, United States Code). For purposes of
    such law and regulations, space science data shall be
    considered to be a commercial item. Nothing in this subsection
    shall be construed to preclude the United States from
    acquiring, through contracts with commercial providers,
    sufficient rights in data to meet the needs of the scientific
    and educational community or the needs of other government
    activities.
        (c) Definition.--For purposes of this section, the term
    ``space science data'' includes scientific data concerning--
              (1) the elemental and mineralogical resources of the
            moon, asteroids, planets and their moons, and comets;
              (2) microgravity acceleration; and
              (3) solar storm monitoring.
        (d) Safety Standards.--Nothing in this section shall be
    construed to prohibit the Federal Government from requiring
    compliance with applicable safety standards.
        (e) Limitation.--This section does not authorize the
    National Aeronautics and Space Administration to provide
    financial assistance for the development of commercial systems
    for the collection of space science data.

    SEC. 106.\8\ ADMINISTRATION OF COMMERCIAL SPACE CENTERS.

        The Administrator shall administer the Commercial Space
    Center program in a coordinated manner from National
    Aeronautics and Space Administration headquarters in
    Washington, D.C.
    ---------------------------------------------------------------------------
        \8\ 42 U.S.C. 14714.
    ---------------------------------------------------------------------------

    SEC. 107.\9\ SOURCES OF EARTH SCIENCE DATA.

        (a) Acquisition.--The Administrator shall, to the extent
    possible and while satisfying the scientific or educational
    requirements of the National Aeronautics and Space
    Administration, and where appropriate, of other Federal
    agencies and scientific researchers, acquire, where cost-
    effective, space-based and airborne Earth remote sensing data,
    services, distribution, and applications from a commercial
    provider.
    ---------------------------------------------------------------------------
        \9\ 42 U.S.C. 14715.
    ---------------------------------------------------------------------------
        (b) Treatment as Commercial Item Under Acquisition Laws.--
    Acquisitions by the Administrator of the data, services,
    distribution, and applications referred to in subsection (a)
    shall be carried out in accordance with applicable acquisition
    laws and regulations (including chapters 137 and 140 of title
    10, United States Code). For purposes of such law and
    regulations, such data, services, distribution, and
    applications shall be considered to be a commercial item.
    Nothing in this subsection shall be construed to preclude the
    United States from acquiring, through contracts with commercial
    providers, sufficient rights in data to meet the needs of the
    scientific and educational community or the needs of other
    government activities.
        (c) Study.--(1) The Administrator shall conduct a study to
    determine the extent to which the baseline scientific
    requirements of Earth Science can be met by commercial
    providers, and how the National Aeronautics and Space
    Administration will meet such requirements which cannot be met
    by commercial providers.
        (2) The study conducted under this subsection shall--
              (A) make recommendations to promote the availability
            of information from the National Aeronautics and Space
            Administration to commercial providers to enable
            commercial providers to better meet the baseline
            scientific requirements of Earth Science;
              (B) make recommendations to promote the dissemination
            to commercial providers of information on advanced
            technology research and development performed by or for
            the National Aeronautics and Space Administration; and
              (C) identify policy, regulatory, and legislative
            barriers to the implementation of the recommendations
            made under this subsection.
        (3) The results of the study conducted under this
    subsection shall be transmitted to the Congress within 6 months
    after the date of the enactment of this Act.
        (d) Safety Standards.--Nothing in this section shall be
    construed to prohibit the Federal Government from requiring
    compliance with applicable safety standards.
        (e) Administration and Execution.--This section shall be
    carried out as part of the Commercial Remote Sensing Program at
    the Stennis Space Center.
        (f) \10\ Remote Sensing.-- * * *
    ---------------------------------------------------------------------------
        \10\ Subsec. (f) amends the Land Remote Sensing Policy Act of 1992
    (Public Law 102-555; 106 Stat. 4171).
    ---------------------------------------------------------------------------

         TITLE II--FEDERAL ACQUISITION OF SPACE TRANSPORTATION SERVICES

    SEC. 201.\11\ REQUIREMENT TO PROCURE COMMERCIAL SPACE TRANSPORTATION
                        SERVICES.

        (a) In General.--Except as otherwise provided in this
    section, the Federal Government shall acquire space
    transportation services from United States commercial providers
    whenever such services are required in the course of its
    activities. To the maximum extent practicable, the Federal
    Government shall plan missions to accommodate the space
    transportation services capabilities of United States
    commercial providers.
    ---------------------------------------------------------------------------
        \11\ 42 U.S.C. 14731.
    ---------------------------------------------------------------------------
        (b) Exceptions.--The Federal Government shall not be
    required to acquire space transportation services under
    subsection (a) if, on a case-by-case basis, the Administrator
    or, in the case of a national security issue, the Secretary of
    the Air Force, determines that--
              (1) a payload requires the unique capabilities of the
            Space Shuttle;
              (2) cost effective space transportation services that
            meet specific mission requirements would not be
            reasonably available from United States commercial
            providers when required;
              (3) the use of space transportation services from
            United States commercial providers poses an
            unacceptable risk of loss of a unique scientific
            opportunity;
              (4) the use of space transportation services from
            United States commercial providers is inconsistent with
            national security objectives;
              (5) the use of space transportation services from
            United States commercial providers is inconsistent with
            international agreements for international
            collaborative efforts relating to science and
            technology;
              (6) it is more cost effective to transport a payload
            in conjunction with a test or demonstration of a space
            transportation vehicle owned by the Federal Government;
            or
              (7) a payload can make use of the available cargo
            space on a Space Shuttle mission as a secondary
            payload, and such payload is consistent with the
            requirements of research, development, demonstration,
            scientific, commercial, and educational programs
            authorized by the Administrator.
    Nothing in this section shall prevent the Administrator from
    planning or negotiating agreements with foreign entities for
    the launch of Federal Government payloads for international
    collaborative efforts relating to science and technology.
        (c) Delayed Effect.--Subsection (a) shall not apply to
    space transportation services and space transportation vehicles
    acquired or owned by the Federal Government before the date of
    the enactment of this Act, or with respect to which a contract
    for such acquisition or ownership has been entered into before
    such date.
        (d) Historical Purposes.--This section shall not be
    construed to prohibit the Federal Government from acquiring,
    owning, or maintaining space transportation vehicles solely for
    historical display purposes.

    SEC. 202.\12\ ACQUISITION OF COMMERCIAL SPACE TRANSPORTATION SERVICES.

        (a) Treatment of Commercial Space Transportation Services
    as Commercial Item Under Acquisition Laws.--Acquisitions of
    space transportation services by the Federal Government shall
    be carried out in accordance with applicable acquisition laws
    and regulations (including chapters 137 and 140 of title 10,
    United States Code). For purposes of such law and regulations,
    space transportation services shall be considered to be a
    commercial item.
    ---------------------------------------------------------------------------
        \12\ 42 U.S.C. 14732.
    ---------------------------------------------------------------------------
        (b) Safety Standards.--Nothing in this section shall be
    construed to prohibit the Federal Government from requiring
    compliance with applicable safety standards.

    SEC. 203.\13\ LAUNCH SERVICES PURCHASE ACT OF 1990 AMENDMENTS. * * *
    ---------------------------------------------------------------------------

        \13\ Sec. 203 amends the Launch Services Purchase Act of 1990
    (Public Law 101-611; 104 Stat. 3405).
    ---------------------------------------------------------------------------

    SEC. 204.\14\ SHUTTLE PRIVATIZATION.

        (a) Policy and Preparation.--The Administrator shall
    prepare for an orderly transition from the Federal operation,
    or Federal management of contracted operation, of space
    transportation systems to the Federal purchase of commercial
    space transportation services for all nonemergency space
    transportation requirements for transportation to and from
    Earth orbit, including human, cargo, and mixed payloads. In
    those preparations, the Administrator shall take into account
    the need for short-term economies, as well as the goal of
    restoring the National Aeronautics and Space Administration's
    research focus and its mandate to promote the fullest possible
    commercial use of space. As part of those preparations, the
    Administrator shall plan for the potential privatization of the
    Space Shuttle program. Such plan shall keep safety and cost
    effectiveness as high priorities. Nothing in this section shall
    prohibit the National Aeronautics and Space Administration from
    studying, designing, developing, or funding upgrades or
    modifications essential to the safe and economical operation of
    the Space Shuttle fleet.
    ---------------------------------------------------------------------------
        \14\ 42 U.S.C. 14733.
    ---------------------------------------------------------------------------
        (b) Feasibility Study.--The Administrator shall conduct a
    study of the feasibility of implementing the recommendation of
    the Independent Shuttle Management Review Team that the
    National Aeronautics and Space Administration transition toward
    the privatization of the Space Shuttle. The study shall
    identify, discuss, and, where possible, present options for
    resolving, the major policy and legal issues that must be
    addressed before the Space Shuttle is privatized, including--
              (1) whether the Federal Government or the Space
            Shuttle contractor should own the Space Shuttle
            orbiters and ground facilities;
              (2) whether the Federal Government should indemnify
            the contractor for any third party liability arising
            from Space Shuttle operations, and, if so, under what
            terms and conditions;
              (3) whether payloads other than National Aeronautics
            and Space Administration payloads should be allowed to
            be launched on the Space Shuttle, how missions will be
            prioritized, and who will decide which mission flies
            and when;
              (4) whether commercial payloads should be allowed to
            be launched on the Space Shuttle and whether any
            classes of payloads should be made ineligible for
            launch consideration;
              (5) whether National Aeronautics and Space
            Administration and other Federal Government payloads
            should have priority over non-Federal payloads in the
            Space Shuttle launch assignments, and what policies
            should be developed to prioritize among payloads
            generally;
              (6) whether the public interest requires that certain
            Space Shuttle functions continue to be performed by the
            Federal Government; and
              (7) how much cost savings, if any, will be generated
            by privatization of the Space Shuttle.
        (c) Report to Congress.--Within 60 days after the date of
    the enactment of this Act, the National Aeronautics and Space
    Administration shall complete the study required under
    subsection (b) and shall submit a report on the study to the
    Committee on Commerce, Science, and Transportation of the
    Senate and the Committee on Science of the House of
    Representatives.

    SEC. 205.\15\ USE OF EXCESS INTERCONTINENTAL BALLISTIC MISSILES.

        (a) In general.--The Federal Government shall not--
    ---------------------------------------------------------------------------
        \15\ 42 U.S.C. 14734.
    ---------------------------------------------------------------------------
              (1) convert any missile described in subsection (c)
            to a space transportation vehicle configuration; or
              (2) transfer ownership of any such missile to another
            person, except as provided in subsection (b).
        (b) Authorized Federal Uses.--(1) A missile described in
    subsection (c) may be converted for use as a space
    transportation vehicle by the Federal Government if, except as
    provided in paragraph (2) and at least 30 days before such
    conversion, the agency seeking to use the missile as a space
    transportation vehicle transmits to the Committee on Armed
    Services \16\ and the Committee on Science of the House of
    Representatives, and to the Committee on Armed Services and the
    Committee on Commerce, Science, and Transportation of the
    Senate, a certification that the use of such missile--
    ---------------------------------------------------------------------------
        \16\ Sec. 1067(21) of the National Defense Authorization Act for
    Fiscal Year 2000 (Public Law 106-65; 113 Stat. 775) struck out
    ``transmits to the Committee on National Security'' and inserted in
    lieu thereof ``transmits to the Committee on Armed Services''.
    ---------------------------------------------------------------------------
              (A) would result in cost savings to the Federal
            Government when compared to the cost of acquiring space
            transportation services from United States commercial
            providers;
              (B) meets all mission requirements of the agency,
            including performance, schedule, and risk requirements;
              (C) is consistent with international obligations of
            the United States; and
              (D) is approved by the Secretary of Defense or his
            designee.
        (2) The requirement under paragraph (1) that the
    certification described in that paragraph must be transmitted
    at least 30 days before conversion of the missile shall not
    apply if the Secretary of Defense determines that compliance
    with that requirement would be inconsistent with meeting
    immediate national security requirements.
        (c) Missiles Referred to.--The missiles referred to in this
    section are missiles owned by the United States that--
              (1) were formerly used by the Department of Defense
            for national defense purposes as intercontinental
            ballistic missiles; and
              (2) have been declared excess to United States
            national defense needs and are in compliance with
            international obligations of the United States.

    SEC. 206.\17\ NATIONAL LAUNCH CAPABILITY STUDY.

        (a) Findings.--Congress finds that a robust satellite and
    launch industry in the United States serves the interest of the
    United States by--
    ---------------------------------------------------------------------------
        \17\ 42 U.S.C. 14735.
    ---------------------------------------------------------------------------
              (1) contributing to the economy of the United States;
              (2) strengthening employment, technological, and
            scientific interests of the United States; and
              (3) serving the foreign policy and national security
            interests of the United States.
        (b) Definitions.--In this section:
              (1) Secretary.--The term ``Secretary'' means the
            Secretary of Defense.
              (2) Total potential national mission model.--The term
            ``total potential national mission model'' means a
            model that--
                      (A) is determined by the Secretary, in
                    consultation with the Administrator, to assess
                    the total potential space missions to be
                    conducted in the United States during a
                    specified period of time; and
                      (B) includes all launches in the United
                    States (including launches conducted on or off
                    a Federal range).
        (c) Report.--
              (1) In general.--Not later than 180 days after the
            date of enactment of this Act, the Secretary shall, in
            consultation with the Administrator and appropriate
            representatives of the satellite and launch industry
            and the governments of States and political
            subdivisions thereof--
                      (A) prepare a report that meets the
                    requirements of this subsection; and
                      (B) submit that report to the Committee on
                    Commerce, Science, and Transportation of the
                    Senate and the Committee on Science of the
                    House of Representatives.
              (2) Requirements for report.--The report prepared
            under this subsection shall--
                      (A) identify the total potential national
                    mission model for the period beginning on the
                    date of the report and ending on December 31,
                    2007;
                      (B) identify the resources that are necessary
                    or available to carry out the total potential
                    national mission model described in
                    subparagraph (A), including--
                              (i) launch property and services of
                            the Department of Defense, the National
                            Aeronautics and Space Administration,
                            and non-Federal facilities; and
                              (ii) the ability to support
                            commercial launch-on-demand on short
                            notification, taking into account
                            Federal requirements, at launch sites
                            or test ranges in the United States;
                      (C) identify each deficiency in the resources
                    referred to in subparagraph (B); and
                      (D) with respect to the deficiencies
                    identified under subparagraph (C), include
                    estimates of the level of funding necessary to
                    address those deficiencies for the period
                    described in subparagraph (A).
        (d) Recommendations.--Based on the reports under subsection
    (c), the Secretary, after consultation with the Secretary of
    Transportation, the Secretary of Commerce, and representatives
    from interested private sector entities, States, and local
    governments, shall--
              (1) identify opportunities for investment by non-
            Federal entities (including States and political
            subdivisions thereof and private sector entities) to
            assist the Federal Government in providing launch
            capabilities for the commercial space industry in the
            United States;
              (2) identify one or more methods by which, if
            sufficient resources referred to in subsection
            (c)(2)(D) are not available to the Department of
            Defense and the National Aeronautics and Space
            Administration, the control of the launch property and
            launch services of the Department of Defense and the
            National Aeronautics and Space Administration may be
            transferred from the Department of Defense and the
            National Aeronautics and Space Administration to--
                      (A) one or more other Federal agencies;
                      (B) one or more States (or subdivisions
                    thereof);
                      (C) one or more private sector entities; or
                      (D) any combination of the entities described
                    in subparagraphs (A) through (C); and
              (3) identify the technical, structural, and legal
            impediments associated with making launch sites or test
            ranges in the United States viable and competitive.
                   j. Cooperative East-West Ventures in Space

    Public Law 98-562 [S.J. Res. 236], 98 Stat. 2914, approved October 30,
                                      1984

     JOINT RESOLUTION Relating to cooperative East-West ventures in space.

    Whereas the United States and the Soviet Union could soon find
        themselves in an arms race in space, which is in the
        interest of no one;
    Whereas the prospect of an arms race in space between the
        United States and the Soviet Union has aroused worldwide
        concern expressed publicly by the governments of many
        countries;
    Whereas the 1972-1975 Apollo-Soyuz project involving the United
        States and the Soviet Union and culminating with a joint
        docking in space was successful, thus proving the
        practicability of a joint space effort;
    Whereas shortly after the completion of the Apollo-Soyuz
        project, and intended as a followup to it, the United
        States and the Soviet Union signed an agreement to examine
        the feasibility of a Shuttle-Salyut program and an
        international space platform program, but that initiative
        was allowed to lapse;
    Whereas the United States signed a five-year space cooperation
        agreement with the Soviet Union in 1972, renewed it in
        1977, then chose not to renew it in 1982;
    Whereas the United States recently proposed to the Soviet Union
        that the two Nations conduct a joint simulated space rescue
        mission;
    Whereas the Soviet Union has not yet responded to the substance
        of this proposal; and
    Whereas the opportunities offered by space for prodigious
        achievements in virtually every field of human endeavor,
        leading ultimately to the colonization of space in the
        cause of advancing human civilization, would probably be
        lost irretrievably were space to be made into yet another
        East-West battleground: Now, therefore, be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the
    President should--
              (1) endeavor, at the earliest practicable date, to
            renew the 1972-1977 agreement between the United States
            and the Soviet Union on space cooperation for peaceful
            purposes;
              (2) continue energetically to gain Soviet agreement
            to the recent United States proposal for a joint
            simulated space rescue mission;
              (3) seek to initiate talks with the Government of the
            Soviet Union, and with other governments interested for
            cooperative East-West ventures in space including
            cooperative ventures in such areas as space medicine
            and space biology, planetary science, manned and
            unmanned space exploration.
              k. National Space Council Authorization Act of 1990

     Partial text of Public Law 101-328 [S. 2124], 104 Stat. 308, approved
                                  July 8, 1990

    AN ACT To authorize appropriations for the National Space Council, and
                              for other purposes.

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

                                  short title

        Section 1. This Act may be cited as the National Space
    Council Authorization Act of 1990.

                         authorization of appropriation

        Sec. 2.\1\ There are authorized to be appropriated to carry
    out the activities of the National Space Council established by
    section 501 of the National Aeronautics and Space
    Administration Authorization Act, Fiscal Year 1989 (42 U.S.C.
    2471), $1,200,000 for fiscal year 1990. The National Space
    Council shall reimburse other agencies for not less than one-
    half of the personnel compensation costs of individuals
    detailed to it.
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 2471 note.
    ---------------------------------------------------------------------------
              * * * * * * *

                           review of launch industry

        Sec. 5. (a) The National Space Council is requested to
    initiate a review of United States launch policy, including the
    Nation's expendable launch vehicle and satellite industries,
    their current and projected markets, the existing and projected
    level of foreign competition in these industries, the extent
    and level of support form foreign governments in these markets
    and industries, the consequences of the entry of nonmarket
    providers of launch services and satellites into the world
    market, restrictions on the use of foreign launch services and
    the export of United States satellites, and the importance of
    the United States launch vehicle and satellite industry to the
    national and economic security.
        (b) The findings of this review and any policy
    recommendations are to be submitted to the Committee on
    Commerce, Science, and Transportation of the Senate and the
    Committee on Science, Space, and Technology \2\ of the House of
    Representatives by August 1, 1990.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(10) of Public Law 104-14 (109 Stat. 187) provided
    that references to the Committee on Science, Space, and Technology of
    the House of Representatives shall be treated as referring to the
    Committee on Science of the House of Representatives.
    ---------------------------------------------------------------------------

                                 effective date

        Sec. 6.\3\ The provisions of this Act are effective as of
    October 1, 1989.
    ---------------------------------------------------------------------------
        \3\ 5 U.S.C. 5314 note.
              l. FREEDOM Support Act--Space Trade and Cooperation

    Partial text of Public Law 102-511 [S. 2532], 106 Stat. 3320, approved
                                October 24, 1992

    AN ACT To support freedom and open markets in the independent states of
                the former Soviet Union, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLES.

        This Act may be cited as the ``Freedom for Russia and
    Emerging Eurasian Democracies and Open Markets Support Act of
    1992'' or the ``FREEDOM Support Act''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 5801 note. For full text of Public Law 102-511, see
    Legislation on Foreign Relations Through 2005, vol. I-B.
    ---------------------------------------------------------------------------
              * * * * * * *

                     TITLE VI--SPACE TRADE AND COOPERATION

    SEC. 601.\2\ FACILITATING DISCUSSIONS REGARDING THE ACQUISITION OF
                        SPACE HARDWARE, TECHNOLOGY, AND SERVICES FROM THE
                        FORMER SOVIET UNION.

        (a) Expedited Review.--Any request for a license or other
    approval described in subsection (c) that is submitted to any
    United States Government agency by the National Aeronautics and
    Space Administration, any of its contractors, or any other
    person shall be considered on an expedited basis by that agency
    and any other agency involved in an applicable interagency
    review process.
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 5871.
    ---------------------------------------------------------------------------
        (b) Notice to Congress if License Denied.--If any United
    States Government agency denies a request for a license or
    other approval described in subsection (c), that agency shall
    immediately notify the designated congressional committees.
    Each such notification shall include a statement of the reasons
    for the denial.
        (c) Description of Discussions.--This section applies to a
    request for any license or other approval that may be necessary
    to conduct discussions with an independent state of the former
    Soviet Union with respect to the possible acquisition of any
    space hardware, space technology, or space service for
    integration into--
              (1) United States space projects that have been
            approved by the Congress, or
              (2) commercial space ventures,
    including discussions relating to technical evaluation of such
    hardware, technology, or service.

    SEC. 602.\3\ OFFICE OF SPACE COMMERCE.

        (a) Trade Missions.--The Office of Space Commerce of the
    Department of Commerce is authorized and encouraged to conduct
    one or more trade missions to appropriate independent states of
    the former Soviet Union for the purpose of familiarizing United
    States aerospace industry representatives with space hardware,
    space technologies, and space services that may be available
    from the independent states, and with the business practices
    and overall business climate in the independent states.
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 5872.
    ---------------------------------------------------------------------------
        (b) Monitoring Negotiations.--The Office of Space
    Commerce--
              (1) shall monitor the progress of any discussions
            described in section 601(c)(1) that are being
            conducted; and
              (2) shall advise the Administrator of the National
            Aeronautics and Space Administration as to the impact
            on United States industry of each potential acquisition
            of space hardware, space technology, or space services
            from the independent states of the former Soviet Union,
            specifically including any anticompetitive issues the
            Office may observe.

    SEC. 603.\4\ REPORT TO CONGRESS.

        Within one year after the date of enactment of this title,
    the President shall submit to the designated congressional
    committees a report describing--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 5873.
    ---------------------------------------------------------------------------
              (1) the opportunities for increased space-related
            trade with the independent states of the former Soviet
            Union;
              (2) a technology procurement plan for identifying and
            evaluating all unique space hardware, space technology,
            and space services available to the United States from
            the independent states;
              (3) specific space hardware, space technology, and
            space services that have been, or could be, the subject
            of discussions described in section 601(c);
              (4) the trade missions carried out pursuant to
            section 602(a), including the private participation in
            and the results of such missions;
              (5) any barriers, regulatory or practical, that
            inhibit space-related trade between the United States
            and independent states, including any such barriers in
            either the United States or the independent states; and
              (6) any anticompetitive issues raised during the
            course of negotiations, as observed pursuant to section
            602(b).

    SEC. 604.\5\ DEFINITIONS.

        For purposes of this title--
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 5874.
    ---------------------------------------------------------------------------
              (1) the term ``contractor'' means a National
            Aeronautics and Space Administration contractor to the
            extent that the acquisition of space hardware, space
            technology, or space services from the independent
            states of the former Soviet Union may be relevant to
            the contractor's responsibilities under the contract;
            and
              (2) the term ``designated congressional committees''
            means the Committee on Science, Space, and Technology
            and the Committee on Foreign Affairs of the House of
            Representatives \6\ and the Committee on Commerce,
            Science, and Transportation and the Committee on
            Foreign Relations of the Senate.
    ---------------------------------------------------------------------------
        \6\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives. Sec. 1(a)(10)
    of that Act (109 Stat. 187) provided that references to the Committee
    on Science, Space, and Technology of the House of Representatives shall
    be treated as referring to the Committee on Science of the House of
    Representatives.
    ---------------------------------------------------------------------------
              * * * * * * *
                           m. National Space Council

     Executive Order 12675, April 20, 1989, 54 F.R. 17691, 42 U.S.C. 2451
      note; as amended by Executive Order 12712, April 26, 1990, 55 F.R.
      18095; and Executive Order 12869, September 30, 1993, 58 F.R. 51751

        By the authority vested in me as President by the
    Constitution and laws of the United States of America, and in
    order to provide a coordinated process for developing a
    national space policy and strategy and for monitoring its
    implementation, it is hereby ordered as follows:
        Section 1. Establishment and Composition of the National
    Space Council.
        (a) There is established the National Space Council (``the
    Council'').
        (b) The Council shall be composed of the following members:
              (1) The Vice President, who shall be Chairman of the
            Council;
              (2) The Secretary of State;
              (3) The Secretary of the Treasury;
              (4) The Secretary of Defense;
              (5) The Secretary of Commerce;
              (6) The Secretary of Transportation;
              (7) \1\ The Secretary of Energy;
    ---------------------------------------------------------------------------
        \1\ Executive Order 12712 (April 26, 1990; 55 F.R. 18095) inserted
    the Secretary of Energy at (b)(7) and renumbered the remaining.
    ---------------------------------------------------------------------------
              (8) The Director of the Office of Management and
            Budget;
              (9) The Chief of Staff to the President;
              (10) The Assistant to the President for National
            Security Affairs;
              (11) The Assistant to the President for Science and
            Technology;
              (12) The Director of Central Intelligence; and
              (13) The Administrator of the National Aeronautics
            and Space Administration.
        (c) The Chairman shall, from time to time, invite the
    following to participate in meetings of the Council:
              (1) The Chairman of the Joint Chiefs of Staff; and
              (2) The heads of other executive departments and
            agencies and other senior officials in the Executive
            Office of the President.
        Sec. 2. Functions of the Council. (a) The Council shall
    advise and assist the President on national space policy and
    strategy, and perform such other duties as the President may
    from time to time prescribe.
        (b) In addition, the Council is directed to:
              (1) review United States Government space policy,
            including long-range goals, and develop a strategy for
            national space activities;
              (2) develop recommendations for the President on
            space policy and space-related issues;
              (3) monitor and coordinate implementation of the
            objectives of the President's national space policy by
            executive departments and agencies; and
              (4) foster close coordination, cooperation, and
            technology and information exchange among the civil,
            national security, and commercial space sectors, and
            facilitate resolution of differences concerning major
            space and space-related policy issues.
        (c) The creation and operation of the Council shall not
    interfere with existing lines of authority and responsibilities
    in the departments and agencies.
        Sec. 3. Responsibilities of the Chairman. (a) The Chairman
    shall serve as the President's principal advisor on national
    space policy and strategy.
        (b) The Chairman shall, in consultation with the members of
    the Council, establish procedures for the Council and establish
    the agenda for Council activities.
        (c) The Chairman shall report to the President on the
    activities and recommendations of the Council. The Chairman
    shall advise the Council as appropriate regarding the
    President's directions with respect to the Council's activities
    and national space policy generally.
        (d) The Chairman shall authorize the establishment of such
    committees of the Council, including an executive committee,
    and of such working groups, composed of senior designees of the
    Council members and of other officials invited to participate
    in Council meetings, as he deems necessary or appropriate for
    the efficient conduct of Council functions.
        Sec. 4. National Space Policy Planning Process. (a) The
    Council will establish a process for developing and monitoring
    the implementation of national space policy and strategy.
        (b) To implement this process, each agency represented on
    the Council shall provide such information regarding its
    current and planned space activities as the Chairman shall
    request.
        (c) The head of each executive department and agency shall
    ensure that its space-related activities conform to national
    space policy and strategy.
        Sec. 5.\2\ Establishment of Vice President's Space Policy
    Advisory Board. * * * [Revoked--1993]
    ---------------------------------------------------------------------------
        \2\ Sec. 4(f) of Executive Order 12869 (58 F.R. 51752; September
    30, 1993) revoked sec. 5.
    ---------------------------------------------------------------------------
        Sec. 6.\3\ Microgravity Research Board. * * *
    ---------------------------------------------------------------------------
        \3\ Sec. 6 amended Executive Order 12660.
    ---------------------------------------------------------------------------
        Sec. 7. Administrative Provisions. (a) The Office of
    Administration in the Executive Office of the President shall
    provide the Council with such administrative support on a
    reimbursable basis as may be necessary for the performance of
    the functions of the Council.
        (b) The President shall appoint an Executive Secretary who
    shall appoint such staff as may be necessary to assist in the
    performance of the Council's functions.
        (c) All Federal departments, agencies, and interagency
    councils and committees having an impact on space policy shall
    extend, as appropriate, such cooperation and assistance to the
    Council as is necessary to carry out its responsibilities under
    this order.
        (d) The head of each agency serving on the Council or
    represented on any working groups or committee of the Council
    shall provide such administrative support as may be necessary,
    in accordance with law and subject to the availability of
    appropriations, to enable the agency head or its representative
    to carry out his responsibilities.
        Sec. 8. Report. The Council shall submit an annual report
    setting forth its assessment of and recommendations for the
    space policy and strategy of the United States Government.
        n. Establishment of the National Science and Technology Council

    Executive Order 12881, November 23, 1993, 58 F.R. 62491, 42 U.S.C. 6601
        note; as amended by Executive Order 13284, January 23, 2003 \1\

        By the authority vested in me as President by the
    Constitution and the laws of the United States of America,
    including section 301 of title 3, United States Code, it is
    hereby ordered as follows:
        Section 1. Establishment. There is established the National
    Science and Technology Council (``the Council'').
    ---------------------------------------------------------------------------
        \1\ The President also established the President's Committee of
    Advisors on Science and Technology, to be composed of not more than 16
    individuals from outside the U.S. Government, to advise the National
    Science and Technology Council (Executive Order 12882, November 23,
    1993, 58 F.R. 62493; continued by Executive Order 12974, September 29,
    1995, 60 F.R. 51875; further continued by Executive Order 13062,
    September 29, 1997, 62 F.R. 51755; and further continued by Executive
    Order 13138, September 30, 1999, 64 F.R. 53879). Subsequently,
    Executive Order 13226 (September 30, 2001; 66 F.R. 50521) revoked
    Executive Order 12882.
        Executive Order 13226 further established the President's Council
    of Advisors on Science and Technology (continued by Executive Order
    13305, May 28, 2003, 68 F.R. 32323; and further continued by Executive
    Order 13385, September 29, 2005, 70 F.R. 57987).
    ---------------------------------------------------------------------------
        Sec. 2. Membership. The Council shall comprise the:
              (a) President, who shall serve as Chairman of the
            Council;
              (b) Vice President;
              (c) Secretary of Commerce;
              (d) Secretary of Defense;
              (e) Secretary of Energy;
              (f) Secretary of Health and Human Services;
              (g) Secretary of State;
              (h) Secretary of the Interior;
              (i) \2\ Secretary of Homeland Security;
    ---------------------------------------------------------------------------
        \2\ Sec. 9 of Executive Order 13284 (January 23, 2003; 68 F.R.
    4075) redesignated subsecs. (i) through (q) as subsecs. (j) through (r)
    and inserted a new subsec. (i).
    ---------------------------------------------------------------------------
              (j) Administrator, National Aeronautics and Space
            Administration;
              (k) Director, National Science Foundation;
              (l) Director of the Office of Management and Budget;
              (m) Administrator, Environmental Protection Agency;
              (n) Assistant to the President for Science and
            Technology;
              (o) National Security Adviser;
              (p) Assistant to the President for Economic Policy;
              (q) Assistant to the President for Domestic Policy;
            and
              (r) Such other officials of executive departments and
            agencies as the President may, from time to time,
            designate.
        Sec. 3. Meetings of the Council. The President or, upon his
    direction, the Assistant to the President for Science and
    Technology (``the Assistant''), may convene meetings of the
    Council. The President shall preside over the meetings of the
    Council, provided that in his absence the Vice President, and
    in his absence the Assistant, will preside.
        Sec. 4. Functions. (a) The principal functions of the
    Council are, to the extent permitted by law: (1) to coordinate
    the science and technology policymaking process; (2) to ensure
    science and technology policy decisions and programs are
    consistent with the President's stated goals; (3) to help
    integrate the President's science and technology policy agenda
    across the Federal Government; (4) to ensure science and
    technology are considered in development and implementation of
    Federal policies and programs; and (5) to further international
    cooperation in science and technology. The Assistant may take
    such actions, including drafting a Charter, as may be necessary
    or appropriate to implement such functions.
        (b) All executive departments and agencies, whether or not
    represented on the Council, shall coordinate science and
    technology policy through the Council and shall share
    information on research and development budget requests within
    the Council.
        (c) The Council shall develop for submission to the
    director of the Office of Management and Budget recommendations
    on research and development budgets that reflect national
    goals. In addition, the Council shall provide advice to the
    Director of the Office of Management and Budget concerning the
    agencies' research and development budget submissions.
        (d) The Assistant will, when appropriate, work in
    conjunction with the Assistant to the President for Economic
    Policy, the Assistant to the President for Domestic Policy, the
    Director of the Office of Management and Budget, and the
    National Security Adviser.
        Sec. 5. Administration. (a) The Council will oversee the
    duties of the Federal Coordinating Council for Science,
    Engineering, and Technology, the National Space Council, and
    the National Critical Materials Council.
        (b) The Council may function through established or ad hoc
    committees, task forces, or interagency groups.
        (c) To the extent practicable and permitted by law,
    executive departments and agencies shall make resources,
    including, but not limited to, personnel, office support, and
    printing, available to the Council as requested by the
    Assistant.
        (d) All executive departments and agencies shall cooperate
    with the Council and provide such assistance, information, and
    advice to the Council as the Council may request, to the extent
    permitted by law.
                               3. Arctic Research

              a. Arctic Tundra Habitat Emergency Conservation Act

     Public Law 106-108 [H.R. 2454], 113 Stat. 1491, approved November 24,
                                      1999

      AN ACT To assure the long-term conservation of mid-continent light
      geese and the biological diversity of the ecosystem upon which many
     North American migratory birds depend, by directing the Secretary of
     the Interior to implement rules to reduce the overabundant population
                         of mid-continent light geese.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Arctic Tundra Habitat
    Emergency Conservation Act''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 703 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\ FINDINGS AND PURPOSES.

        (a) Findings.--The Congress finds the following:
              (1) The winter index population of mid-continent
            light geese was 800,000 birds in 1969, while the total
            population of such geese is more than 5,200,000 birds
            today.
              (2) The population of mid-continent light geese is
            expanding by over 5 percent each year, and in the
            absence of new wildlife management actions it could
            grow to more than 6,800,000 breeding light geese in 3
            years.
              (3) The primary reasons for this unprecedented
            population growth are--
                      (A) the expansion of agricultural areas and
                    the resulting abundance of cereal grain crops
                    in the United States;
                      (B) the establishment of sanctuaries along
                    the United States flyways of migrating light
                    geese; and
                      (C) a decline in light geese harvest rates.
              (4) As a direct result of this population explosion,
            the Hudson Bay Lowlands Salt-Marsh ecosystem in Canada
            is being systematically destroyed. This ecosystem
            contains approximately 135,000 acres of essential
            habitat for migrating light geese and many other avian
            species. Biologists have testified that one-third of
            this habitat has been destroyed, one-third is on the
            brink of devastation, and the remaining one-third is
            overgrazed.
              (5) The destruction of the Arctic tundra is having a
            severe negative impact on many avian species that breed
            or migrate through this habitat, including the
            following:
                      (A) Canada Goose.
                      (B) American Wigeon.
                      (C) Dowitcher.
                      (D) Hudsonian Godwit.
                      (E) Stilt Sandpiper.
                      (F) Northern Shoveler.
                      (G) Red-Breasted Merganser.
                      (H) Oldsquaw.
                      (I) Parasitic Jaeger.
                      (J) Whimbrel.
                      (K) Yellow Rail.
              (6) It is essential that the current population of
            mid-continent light geese be reduced by 50 percent by
            the year 2005 to ensure that the fragile Arctic tundra
            is not irreversibly damaged.
        (b) Purposes.--The purposes of this Act are the following:
              (1) To reduce the population of mid-continent light
            geese.
              (2) To assure the long-term conservation of mid-
            continent light geese and the biological diversity of
            the ecosystem upon which many North American migratory
            birds depend.

    SEC. 3.\1\ FORCE AND EFFECT OF RULES TO CONTROL OVERABUNDANT MID-
                        CONTINENT LIGHT GEESE POPULATIONS.

        (a) Force and Effect.--
              (1) In general.--The rules published by the Service
            on February 16, 1999, relating to use of additional
            hunting methods to increase the harvest of mid-
            continent light geese (64 Fed. Reg. 7507-7517) and the
            establishment of a conservation order for the reduction
            of mid-continent light goose populations (64 Fed. Reg.
            7517-7528), shall have the force and effect of law.
              (2) Public notice.--The Secretary, acting through the
            Director of the Service, shall take such action as is
            necessary to appropriately notify the public of the
            force and effect of the rules referred to in paragraph
            (1).
        (b) Application.--Subsection (a) shall apply only during
    the period that--
              (1) begins on the date of the enactment of this Act;
            and
              (2) ends on the latest of--
                      (A) the effective date of rules issued by the
                    Service after such date of the enactment to
                    control overabundant mid-continent light geese
                    populations;
                      (B) the date of the publication of a final
                    environmental impact statement for such rules
                    under section 102(2)(C) of the National
                    Environmental Policy Act of 1969 (42 U.S.C.
                    4332(2)(C)); and
                      (C) May 15, 2001.
        (c) Rule of Construction.--This section shall not be
    construed to limit the authority of the Secretary or the
    Service to issue rules, under another law, to regulate the
    taking of mid-continent light geese.

    SEC. 4.\1\ COMPREHENSIVE MANAGEMENT PLAN.

        (a) In General.--Not later than the end of the period
    described in section 103(b), the Secretary shall prepare, and
    as appropriate implement, a comprehensive, long-term plan for
    the management of mid-continent light geese and the
    conservation of their habitat.
        (b) Required Elements.--The plan shall apply principles of
    adaptive resource management and shall include--
              (1) a description of methods for monitoring the
            levels of populations and the levels of harvest of mid-
            continent light geese, and recommendations concerning
            long-term harvest levels;
              (2) recommendations concerning other means for the
            management of mid-continent light goose populations,
            taking into account the reasons for the population
            growth specified in section 102(a)(3);
              (3) an assessment of, and recommendations relating
            to, conservation of the breeding habitat of mid-
            continent light geese;
              (4) an assessment of, and recommendations relating
            to, conservation of native species of wildlife
            adversely affected by the overabundance of mid-
            continent light geese, including the species specified
            in section 102(a)(5); and
              (5) an identification of methods for promoting
            collaboration with the Government of Canada, States,
            and other interested persons.
        (c) Authorization of Appropriations.--There is authorized
    to be appropriated to carry out this section $1,000,000 for
    each of fiscal years 2000 through 2002.

    SEC. 5.\1\ DEFINITIONS.

        In this Act:
              (1) Mid-continent light geese.--The term ``mid-
            continent light geese'' means Lesser snow geese (Anser
            caerulescens caerulescens) and Ross' geese (Anser
            rossii) that primarily migrate between Canada and the
            States of Alabama, Arkansas, Colorado, Illinois,
            Indiana, Iowa, Kansas, Kentucky, Louisiana, Michigan,
            Minnesota, Mississippi, Missouri, Montana, Nebraska,
            New Mexico, North Dakota, Ohio, Oklahoma, South Dakota,
            Tennessee, Texas, Wisconsin, and Wyoming.
              (2) Secretary.--The term ``Secretary'' means the
            Secretary of the Interior.
              (3) Service.--The term ``Service'' means the United
            States Fish and Wildlife Service.
                   b. Arctic Research and Policy Act of 1984

    Title I of Public Law 98-373 [S. 373], 98 Stat. 1242, approved July 31,
       1984; as amended by Public Law 101-609 [S. 677], 104 Stat. 3125,
      approved November 16, 1990; and Public Law 103-199 [FRIENDSHIP Act;
             H.R. 3000], 107 Stat. 2317, approved December 17, 1993

      AN ACT To provide for a comprehensive national policy dealing with
     national research needs and objectives in the Arctic, for a National
        Critical Materials Council, for development of a continuing and
    comprehensive national materials policy for programs necessary to carry
       out that policy, including Federal programs of advanced materials
        research and technology, and for innovation in basic materials
                      industries, and for other purposes.

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

                      TITLE I--ARCTIC RESEARCH AND POLICY

                                  short title

        Sec. 101. This title may be cited as the ``Arctic Research
    and Policy Act of 1984''.

                             findings and purposes

        Sec. 102.\1\ (a) The Congress finds and declares that--
    ---------------------------------------------------------------------------
        \1\ 15 U.S.C. 4101.
    ---------------------------------------------------------------------------
              (1) the Arctic, onshore and offshore, contains vital
            energy resources that can reduce the Nation's
            dependence on foreign oil and improve the national
            balance of payments;
              (2) \2\ the Arctic is critical to national defense;
    ---------------------------------------------------------------------------
        \2\ Sec. 601(1) of the FRIENDSHIP Act (Public Law 103-199; 107
    Stat. 2327) struck out ``as the Nation's only common border with the
    Soviet Union,'' preceding ``the Arctic is critical''.
    ---------------------------------------------------------------------------
              (3) the renewable resources of the Arctic,
            specifically fish and other seafood, represent one of
            the Nation's greatest commercial assets;
              (4) Arctic conditions directly affect global weather
            patterns and must be understood in order to promote
            better agricultural management throughout the United
            States;
              (5) industrial pollution not originating in the
            Arctic region collects in the polar air mass, has the
            potential to disrupt global weather patterns, and must
            be controlled through international cooperation and
            consultation;
              (6) the Arctic is a natural laboratory for research
            into human health and adaptation, physical and
            psychological, to climates of extreme cold and
            isolation and may provide information crucial for
            future defense needs;
              (7) atmospheric conditions peculiar to the Arctic
            make the Arctic a unique testing ground for research
            into high latitude communications, which is likely to
            be crucial for future defense needs;
              (8) Arctic marine technology is critical to cost-
            effective recovery and transportation of energy
            resources and to the national defense;
              (9) the United States has important security,
            economic, and environmental interests in developing and
            maintaining a fleet of icebreaking vessels capable of
            operating effectively in the heavy ice regions of the
            Arctic;
              (10) most Arctic-rim countries \3\ possess Arctic
            technologies far more advanced than those currently
            available in the United States;
    ---------------------------------------------------------------------------
        \3\ Sec. 601(2) of the FRIENDSHIP Act (Public Law 103-199; 108
    Stat. 2327) struck out ``, particularly the Soviet Union,'' after
    ``countries''.
    ---------------------------------------------------------------------------
              (11) Federal Arctic research is fragmented and
            uncoordinated at the present time, leading to the
            neglect of certain areas of research and to unnecessary
            duplication of effort in other areas of research;
              (12) improved logistical coordination and support for
            Arctic research and better dissemination of research
            data and information is necessary to increase the
            efficiency and utility of national Arctic research
            efforts;
              (13) a comprehensive national policy and program plan
            to organize and fund currently neglected scientific
            research with respect to the Arctic is necessary to
            fulfill national objectives in Arctic research;
              (14) the Federal Government, in cooperation with
            State and local governments, should focus its efforts
            on the collection and characterization of basic data
            related to biological, materials, geophysical, social,
            and behavioral phenomena in the Arctic;
              (15) research into the long-range health,
            environmental, and social effects of development in the
            Arctic is necessary to mitigate the adverse
            consequences of that development to the land and its
            residents;
              (16) Arctic research expands knowledge of the Arctic,
            which can enhance the lives of Arctic residents,
            increase opportunities for international cooperation
            among Arctic-rim countries, and facilitate the
            formulation of national policy for the Arctic; and
              (17) the Alaskan Arctic provides an essential habitat
            for marine mammals, migratory waterfowl, and other
            forms of wildlife which are important to the Nation and
            which are essential to Arctic residents.
        (b) The purposes of this title are--
              (1) to establish national policy, priorities, and
            goals and to provide a Federal program to the Arctic,
            including natural resources and materials, physical,
            biological and health sciences, and social and
            behavioral sciences;
              (2) to establish an Arctic Research Commission to
            promote Arctic research and to recommend Arctic
            research policy;
              (3) to designate the National Science Foundation as
            the lead agency responsible for implementing Arctic
            research policy; and
              (4) to establish an Interagency Arctic Research
            Policy Committee to develop a national Arctic research
            policy and a five-year plan to implement that policy.

                           arctic research commission

        Sec. 103.\4\ (a) The President shall establish an Arctic
    Research Commission (hereafter referred to as the
    ``Commission'').
    ---------------------------------------------------------------------------
        \4\ 15 U.S.C. 4102.
    ---------------------------------------------------------------------------
        (b)(1) The Commission shall be composed of seven \5\
    members appointed by the President, with the Director of the
    National Science Foundation serving as a nonvoting, ex officio
    member. The members appointed by the President shall include--
    ---------------------------------------------------------------------------
        \5\ Sec. 2(1) of Public Law 101-609 (104 Stat. 3125) struck out
    ``five'' and inserted in lieu thereof ``seven''.
    ---------------------------------------------------------------------------
              (A) four \6\ members appointed from among individuals
            from academic or other research institutions with
            expertise in areas of research relating to the Arctic,
            including the physical, biological, health,
            environmental, social, and behavioral sciences;
    ---------------------------------------------------------------------------
        \6\ Sec. 2(2) of Public Law 101-609 (104 Stat. 3125) struck out
    ``three'' and inserted in lieu thereof ``four''.
    ---------------------------------------------------------------------------
              (B) one member appointed from among indigenous
            residents of the Arctic who are representative of the
            needs and interests of Arctic residents and who live in
            areas directly affected by Arctic resource development;
            and
              (C) two members \7\ appointed from among individuals
            familiar with the Arctic and representative of the
            needs and interests of private industry undertaking
            resource development in the Arctic.
    ---------------------------------------------------------------------------
        \7\ Sec. 2(3) of Public Law 101-609 (104 Stat. 3125) struck out
    ``one member'' and inserted in lieu thereof ``two members''.
    ---------------------------------------------------------------------------
        (2) The President shall designate one of the appointed
    members of the Commission to be chairperson of the Commission.
        (c)(1) Except as provided in paragraph (2) of this
    subsection, the term of office of each member of the Commission
    appointed under subsection (b)(1) shall be four years.
        (2) Of the members of the Commission originally appointed
    under subsection (b)(1)--
              (A) one shall be appointed for a term of two years;
              (B) two shall be appointed for a term of three years;
            and
              (C) two shall be appointed for a term of four years.
        (3) Any vacancy occurring in the membership of the
    Commission shall be filled, after notice of the vacancy is
    published in the Federal Register, in the manner provided by
    the preceding provisions of this section, for the remainder of
    the unexpired term.
        (4) A member may serve after the expiration of the member's
    term of office until the President appoints a successor.
        (5) A member may serve consecutive terms beyond the
    member's original appointment.
        (d)(1) Members of the Commission may be allowed travel
    expenses, including per diem in lieu of subsistence, as
    authorized by section 5703 of title 5, United States Code. A
    member of the Commission not presently employed for
    compensation shall be compensated at a rate equal to the daily
    equivalent of the rate for GS-18 \8\ of the General Schedule
    under section 5332 of title 5, United States Code, for each day
    the member is engaged in the actual performance of his duties
    as a member of the Commission, not to exceed 90 days of service
    each year. Except for the purposes of chapter 81 of title 5
    (relating to compensation for work injuries) and chapter 171 of
    title 28 (relating to tort claims), a member of the Commission
    shall not be considered an employee of the United States for
    any purpose.
    ---------------------------------------------------------------------------
        \8\ Sec. 3 of Public Law 101-609 (104 Stat. 3125) struck out ``GS-
    16'' and inserted in lieu thereof ``GS-18''.
    ---------------------------------------------------------------------------
        (2) The Commission shall meet at the call of its Chairman
    or a majority of its members.
        (3) Each Federal agency referred to in section 107(b) may
    designate a representative to participate as an observer with
    the Commission. These representatives shall report to and
    advise the Commission on the activities relating to Arctic
    research of their agencies.
        (4) The Commission shall conduct at least one public
    meeting in the State of Alaska annually.

                              duties of commission

        Sec. 104.\9\ (a) The Commission shall--
    ---------------------------------------------------------------------------
        \9\ 15 U.S.C. 4103.
    ---------------------------------------------------------------------------
              (1) develop and recommend an integrated national
            Arctic research policy;
              (2) in cooperation with the Interagency Arctic
            Research Policy Committee established under section
            107, assist in establishing a national Arctic research
            program plan to implement the Arctic research policy;
              (3) facilitate cooperation between the Federal
            Government and State and local governments with respect
            to Arctic research;
              (4) review Federal research programs in the Arctic
            and recommend \10\ improvements in coordination among
            programs;
    ---------------------------------------------------------------------------
        \10\ Sec. 4(a)(1) and (2) of Public Law 101-609 (104 Stat. 3125)
    struck out ``suggest'' and inserted in lieu thereof ``recommend'' in
    paras. (4) and (6), respectively.
    ---------------------------------------------------------------------------
              (5) recommend methods to improve logistical planning
            and support for Arctic research as may be appropriate
            and in accordance with the findings and purposes of
            this title;
              (6) recommend \10\ methods for improving efficient
            sharing and dissemination of data and information on
            the Arctic among interested public and private
            institutions;
              (7) offer other recommendations and advice to the
            Interagency Committee established under section 107 as
            it may find appropriate; \11\
    ---------------------------------------------------------------------------
        \11\ Sec. 4(a)(3) through (5) of Public Law 101-609 (104 Stat.
    3125) struck out ``and'' at the end of para. (7); ended para. (8) with
    a semicolon; and added paras. (9) and (10).
    ---------------------------------------------------------------------------
              (8) cooperate with the Governor of the State of
            Alaska and with agencies and organizations of that
            State which the Governor may designate with respect to
            the formulation of Arctic research policy; \11\
              (9) \11\ recommend to the Interagency Committee the
            means for developing international scientific
            cooperation in the Arctic; and
              (10) \11\ not later than January 31, 1991, and every
            2 years thereafter, publish a statement of goals and
            objectives with respect to Arctic research to guide the
            Interagency Committee established under section 107 in
            the performance of its duties.
        (b) \12\ Not later than January 31 of each year, the
    Commission shall submit to the President and to the Congress a
    report describing the activities and accomplishments of the
    Commission during the immediately preceding fiscal year.
    ---------------------------------------------------------------------------
        \12\ Sec. 4(b) of Public Law 101-609 (104 Stat. 3125) amended and
    restated subsec. (b).
    ---------------------------------------------------------------------------

                        cooperation with the commission

        Sec. 105.\13\ (a)(1) The Commission may acquire from the
    head of any Federal agency unclassified data, reports, and
    other nonproprietary information with respect to Arctic
    research in the possession of the agency which the Commission
    considers useful in the discharge of its duties.
    ---------------------------------------------------------------------------
        \13\ 15 U.S.C. 4104.
    ---------------------------------------------------------------------------
        (2) Each agency shall cooperate with the Commission and
    furnish all data, reports, and other information requested by
    the Commission to the extent permitted by law; except that no
    agency need furnish any information which it is permitted to
    withhold under section 552 of title 5, United States Code.
        (b) With the consent of the appropriate agency head, the
    Commission may utilize the facilities and services of any
    Federal agency to the extent that the facilities and services
    are needed for the establishment and development of an Arctic
    research policy, upon reimbursement to be agreed upon by the
    Commission and the agency head and taking every feasible step
    to avoid duplication of effort.
        (c) All Federal agencies shall consult with the Commission
    before undertaking major Federal actions relating to Arctic
    research.

                        administration of the commission

        Sec. 106.\14\ The Commission may--
    ---------------------------------------------------------------------------
        \14\ 15 U.S.C. 4105.
    ---------------------------------------------------------------------------
              (1) in accordance with the civil service laws and
            subchapter III of chapter 53 of title 5, United States
            Code, appoint and fix the compensation of an Executive
            Director and necessary additional staff personnel, but
            not to exceed a total of seven compensated personnel;
              (2) procure temporary and intermittent services as
            authorized by section 3109 of title 5, United States
            Code;
              (3) enter into contracts and procure supplies,
            services and personal property,\15\
    ---------------------------------------------------------------------------
        \15\ Sec. 5 of Public Law 101-609 (104 Stat. 3125) struck out
    ``and'' at the end of para. (3); ended para. (4) with ``; and''; and
    added a new para. (5).
    ---------------------------------------------------------------------------
              (4) enter into agreements with the General Services
            Administration for the procurement of necessary
            financial and administrative services, for which
            payment shall be made by reimbursement from funds of
            the Commission in amounts to be agreed upon by the
            Commission and the Administrator of the General
            Services Administration; and \15\
              (5) \15\ appoint, and accept without compensation the
            services of, scientists and engineering specialists to
            be advisors to the Commission. Each advisor may be
            allowed travel expenses, including per diem in lieu of
            subsistence, as authorized by section 5703 of title 5,
            United States Code. Except for the purposes of chapter
            81 of title 5 (relating to compensation for work
            injuries) and chapter 171 of title 28 (relating to tort
            claims) of the United States Code, an advisor appointed
            under this paragraph shall not be considered an
            employee of the United States for any purpose.

          lead agency and interagency arctic research policy committee

        Sec. 107.\16\ (a) The National Science Foundation is
    designated as the lead agency responsible for implementing
    Arctic research policy, and the Director of the National
    Science Foundation shall insure that the requirements of
    section 108 are fulfilled.
    ---------------------------------------------------------------------------
        \16\ 15 U.S.C. 4106.
    ---------------------------------------------------------------------------
        (b)(1) The President shall establish an Interagency Arctic
    Research Policy Committee (hereinafter referred to as the
    ``Interagency Committee'').
        (2) The Interagency Committee shall be composed of
    representatives of the following Federal agencies or offices:
              (A) the National Science Foundation;
              (B) the Department of Commerce;
              (C) the Department of Defense;
              (D) the Department of Energy;
              (E) the Department of the Interior;
              (F) the Department of State;
              (G) the Department of Transportation;
              (H) the Department of Health and Human Services;
              (I) the National Aeronautics and Space
            Administration;
              (J) the Environmental Protection Agency; and
              (K) any other agency or office deemed appropriate.
        (3) The representative of the National Science Foundation
    shall serve as the Chairperson of the Interagency Committee.

                      duties of the interagency committee

        Sec. 108.\17\ (a) The Interagency Committee shall--
    ---------------------------------------------------------------------------
        \17\ 15 U.S.C. 4107.
    ---------------------------------------------------------------------------
              (1) survey Arctic research conducted by Federal,
            State, and local agencies, universities, and other
            public and private institutions to help determine
            priorities for future Arctic research, including
            natural resources and materials, physical and
            biological sciences, and social and behavioral
            sciences;
              (2) work with the Commission to develop and establish
            an integrated national Arctic research policy that will
            guide Federal agencies in developing and implementing
            their research programs in the Arctic;
              (3) consult with the Commission on--
                      (A) the development of the national Arctic
                    research policy and the 5-year plan
                    implementing the policy;
                      (B) Arctic research programs of Federal
                    agencies;
                      (C) recommendations of the Commission on
                    future Arctic research; and
                      (D) guidelines for Federal agencies for
                    awarding and administering Arctic research
                    grants;
              (4) develop a 5-year plan to implement the national
            policy, as provided for in section 109;
              (5) provide the necessary coordination, data, and
            assistance for the preparation of a single integrated,
            coherent, and multiagency budget request for Arctic
            research as provided for in section 110;
              (6) facilitate cooperation between the Federal
            Government and State and local governments in Arctic
            research, and recommend the undertaking of neglected
            areas of research in accordance with the findings and
            purposes of this title;
              (7) coordinate and promote cooperative Arctic
            scientific research programs with other nations,
            subject to the foreign policy guidance of the Secretary
            of State;
              (8) cooperate with the Governor of the State of
            Alaska in fulfilling its responsibilities under this
            title;
              (9) promote Federal interagency coordination of all
            Arctic research activities, including--
                      (A) logistical planning and coordination; and
                      (B) the sharing of data and information
                    associated with Arctic research, subject to
                    section 552 of title 5, United States Code; and
              (10) provide public notice of its meetings and an
            opportunity for the public to participate in the
            development and implementation of national Arctic
            research policy.
        (b) Not later than January 31, 1986, and biennially
    thereafter, the Interagency Committee shall submit to the
    Congress through the President, a brief, concise report
    containing--
              (1) a statement of the activities and accomplishments
            of the Interagency Committee since its last report; and
              (2) \18\ a statement detailing with particularity the
            recommendations of the Commission with respect to
            Federal interagency activities in Arctic research and
            the disposition and responses to those recommendations.
    ---------------------------------------------------------------------------
        \18\ Sec. 6 of Public Law 101-609 (104 Stat. 3126) amended and
    restated para. (2).
    ---------------------------------------------------------------------------

                          5-year arctic research plan

        Sec. 109.\19\ (a) The Interagency Committee, in
    consultation with the Commission, the Governor of the State of
    Alaska, the residents of the Arctic, the private sector, and
    public interest groups, shall prepare a comprehensive 5-year
    program plan (hereinafter referred to as the ``Plan'') for the
    overall Federal effort in Arctic research. The Plan shall be
    prepared and submitted to the President for transmittal to the
    Congress within one year after the enactment of this Act and
    shall be revised biennially thereafter.
    ---------------------------------------------------------------------------
        \19\ 15 U.S.C. 4108.
    ---------------------------------------------------------------------------
        (b) The Plan shall contain but need not be limited to the
    following elements:
              (1) An assessment of national needs and problems
            regarding the Arctic and the research necessary to
            address those needs or problems;
              (2) a statement of the goals and objectives of the
            Interagency Committee for national Arctic research;
              (3) a detailed listing of all existing Federal
            programs relating to Arctic research, including the
            existing goals, funding levels for each of the 5
            following fiscal years, and the funds currently being
            expended to conduct the programs;
              (4) recommendations for necessary program changes and
            other proposals to meet the requirements of the policy
            and goals as set forth by the Commission and in the
            Plan as currently in effect; and
              (5) a description of the actions taken by the
            Interagency Committee to coordinate the budget review
            process in order to ensure interagency coordination and
            cooperation in (A) carrying out Federal Arctic research
            programs, and (B) eliminating unnecessary duplication
            of effort among these programs.

                   coordination and review of budget requests

        Sec. 110.\20\ (a) The Office of Science and Technology
    Policy shall--
    ---------------------------------------------------------------------------
        \20\ 15 U.S.C. 4109.
    ---------------------------------------------------------------------------
              (1) review all agency and department budget requests
            related to the Arctic transmitted pursuant to section
            108(a)(5), in accordance with the national Arctic
            research policy and the 5-year program under section
            108(a)(2) and section 109, respectively; and
              (2) consult closely with the Interagency Committee
            and the Commission to guide the Office of Science and
            Technology Policy's efforts.
        (b)(1) The Office of Management and Budget shall consider
    all Federal agency requests for research related to the Arctic
    as one integrated, coherent, and multiagency request which
    shall be reviewed by the Office of Management and Budget prior
    to submission of the President's annual budget requests for its
    adherence to the Plan. The Commission shall, after submission
    of the President's annual budget request, review the request
    and report to Congress on adherence to the Plan.
        (2) The Office of Management and Budget shall seek to
    facilitate planning for the design, procurement, maintenance,
    deployment, and operations of icebreakers needed to provide a
    platform for Arctic research by allocating all funds necessary
    to support icebreaking operations, except for recurring
    incremental costs associated with specific projects, to the
    Coast Guard.

            authorization of appropriations; new spending authority

        Sec. 111.\21\ (a) There are authorized to be appropriated
    such sums as may be necessary for carrying out this title.
    ---------------------------------------------------------------------------
        \21\ 15 U.S.C. 4110.
    ---------------------------------------------------------------------------
        (b) Any new spending authority (within the meaning of
    section 401 of the Congressional Budget Act of 1974) which is
    provided under this title shall be effective for any fiscal
    year only to such extent or in such amounts as may be provided
    in appropriation Acts.

                                   definition

        Sec. 112.\22\ As used in this title, the term ``Arctic''
    means all United States and foreign territory north of the
    Arctic Circle and all United States territory north and west of
    the boundary formed by the Porcupine, Yukon, and Kuskokwim
    Rivers; all contiguous seas, including the Arctic Ocean and the
    Beaufort, Bering, and Chukchi Seas; and the Aleutian chain.
    ---------------------------------------------------------------------------
        \22\ 15 U.S.C. 4111.
                         c. Arctic Research Commission

     Executive Order 12501, January 28, 1985, 50 F.R. 4191, 15 U.S.C. 4101
     note; as amended by Executive Order 13286, February 28, 2003, 68 F.R.
                                     10627

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including the Arctic Research and Policy Act of 1984 (Title I
    of Public Law 98-373) (``the Act''), it is hereby ordered as
    follows:

        Section 1. Establishment of Arctic Research Commission.
    There is established the Arctic Research Commission.
        Sec. 2. Membership of the Commission. (a) The Commission
    shall be composed of five members appointed by the President,
    as follows:
              (1) three members appointed from among individuals
            from academic or other research institutions with
            expertise in areas of research relating to the Arctic,
            including the physical, biological, health,
            environmental, social, and behavioral sciences;
              (2) one member appointed from among indigenous
            residents of the Arctic who are representatives of the
            needs and interests of Arctic residents and who live in
            areas directly affected by Arctic resources
            development; and
              (3) one member appointed from individuals familiar
            with the Arctic and representative of the needs and
            interests of private industry undertaking resource
            development in the Arctic.
        The Director of the National Science Foundation shall serve
    as a nonvoting ex officio member of the Commission. The
    President shall designate a Chairperson from among the five
    voting members of the Commission.
         (b) In making initial appointments to the Commission, the
    President shall designate one member to serve for a term of two
    years, two members to serve for terms of three years, and two
    members to serve for terms of four years as provided by Section
    103(c) of the Act. Upon the expiration of these initial terms
    of office, the term of office of each member of the Commission
    shall be four years.
        (c) Each of the Federal agencies represented on the
    Interagency Committee established by Section 7 of this Order
    may designate a representative to participate as an observer
    with the Commission. These representatives shall report to and
    advise the Commission on the activities of their agencies
    relating to Arctic research.
        Sec. 3. Meetings of the Commission. The Commission shall
    meet at the call of the Chairman or a majority of its members.
    The Commission annually shall conduct at least one public
    meeting in the State of Alaska.
        Sec. 4. Functions of the Commission. (a) The Commission
    shall:
              (1) develop and recommend an integrated national
            Arctic research policy;
              (2) assist, in cooperation with the Interagency
            Arctic Research Policy Committee established by Section
            7 of this Order, in establishing a national Arctic
            research program plan to implement the Arctic research
            policy;
              (3) facilitate cooperation between the Federal
            Government and State and local governments with respect
            to Arctic research;
              (4) review Federal research programs in the Arctic
            and suggest improvements in coordination among
            programs;
              (5) recommend methods to improve logistical planning
            and support for Arctic research as may be appropriate;
              (6) suggest methods for improving efficient sharing
            and dissemination of data and information on the Arctic
            among interested public and private institutions;
              (7) offer other recommendations and advice to the
            Interagency Arctic Research Policy Committee as it may
            find appropriate; and
              (8) cooperate with the Governor of the State of
            Alaska, and with agencies and organizations of that
            State which the Governor may designate, with respect to
            the formulation of Arctic research policy.
        (b) Not later than January 31 of each year, the Commission
    shall:
              (1) submit to the President and Congress a report
            describing the activities and accomplishments of the
            Commission during the immediately preceding fiscal
            year; and
              (2) publish a statement of goals and objectives with
            respect to Arctic research to guide the Interagency
            Arctic Research Policy Committee in the performance of
            its duties.
        Sec. 5. Responsibilities of Federal Agencies. (a) The heads
    of Executive agencies shall, to the extent permitted by law,
    and in accordance with Section 105 of the Act, provide the
    Commission such information as it may require for purposes of
    carrying out its functions.
        (b) The heads of Executive agencies shall, upon
    reimbursement to be agreed upon by the Commission and the
    agency head, permit the Commission to utilize their facilities
    and services to the extent that the facilities and services are
    needed for the establishment and development of an Arctic
    research policy. The Commission shall take every feasible step
    to avoid duplication of effort.
        (c) All Federal agencies shall consult with the Commission
    before undertaking major Federal actions relating to Arctic
    research.
        Sec. 6. Administration of the Commission. Members of the
    Commission who are otherwise employed for compensation shall
    serve without compensation for their work on the Commission,
    but may be allowed travel expenses, including per diem in lieu
    of subsistence, as authorized by law for persons serving
    intermittently in the government service. Members of the
    Commission who are not otherwise employed for compensation
    shall be compensated for each day the member is engaged in
    actual performance of duties as a member, not to exceed 90 days
    of service each calendar year, at a rate equal to the daily
    equivalent of the rate for GS-16 of the General Schedule.
        Sec. 7. Establishment of Interagency Arctic Research Policy
    Committee. There is established the Interagency Arctic Research
    Policy Committee (the ``Interagency Committee''). The National
    Science Foundation shall serve as lead agency on the
    Interagency Committee and shall be responsible for implementing
    Arctic research policy.
        Sec. 8. Membership of the Interagency Committee. The
    Interagency Committee shall be composed of representatives of
    the following Federal agencies or their designees:
              (a) National Science Foundation;
              (b) Department of Commerce;
              (c) Department of Defense;
              (d) Department of Energy;
              (e) Department of Interior;
              (f) Department of State;
              (g) Department of Transportation;
              (h) Department of Health and Human Services;
              (i) \1\ Department of Homeland Security;
    ---------------------------------------------------------------------------
        \1\ Sec. 45 of Executive Order 13286 (February 28, 2003; 68 F.R.
    10627) inserted subsec. (i) and redesignated existing subsecs. (i)
    through (l) as subsecs. (j) through (m),
    ---------------------------------------------------------------------------
              (j) National Aeronautics and Space Administration;
              (k) Environmental Protection Agency;
              (l) Office of Science and Technology Policy; and
              (m) any other Executive agency that the Director of
            the National Science Foundation shall deem appropriate.
            The Director of the National Science Foundation or his
            designee shall serve as Chairperson of the Interagency
            Committee.
        Sec. 9. Functions of the Interagency Committee. (a) The
    Interagency Committee shall:
              (1) survey Arctic research conducted by Federal,
            State, and local agencies, universities, and other
            public and private institutions to help determine
            priorities for future Arctic research, including
            natural resources and materials, physical and
            biological sciences, and social and behavioral
            sciences;
              (2) work with the Commission to develop and establish
            an integrated national Arctic research policy that will
            guide Federal agencies in developing and implementing
            their research programs in the Arctic;
              (3) consult with the Commission on:
                      (a) the development of the national Arctic
                    research policy and the 5-year plan
                    implementing the policy;
                      (b) Arctic research programs of Federal
                    agencies;
                      (c) recommendations of the Commission on
                    future Arctic research; and
                      (d) guidelines for Federal agencies for
                    awarding and administering Arctic research
                    grants;
              (4) develop a 5-year plan to implement the national
            policy, as provided in section 109 of the Act;
              (5) provide the necessary coordination, data, and
            assistance for the preparation of a single integrated,
            coherent, and multi-agency budget request for Arctic
            research, as provided in section 110 of the Act;
              (6) facilitate cooperation between the Federal
            government and State and local governments in Arctic
            research, and recommend the undertaking of neglected
            areas of research;
              (7) coordinate and promote cooperative Arctic
            scientific research programs with other nations,
            subject to the foreign policy guidance of the Secretary
            of State;
              (8) cooperate with the Governor of the State of
            Alaska in fulfilling its responsibilities under the
            Act; and
              (9) promote Federal interagency coordination of all
            Arctic research activities, including:
                      (a) logistical planning and coordination; and
                      (b) the sharing of data and information
                    associated with Arctic research, subject to
                    section 552 of title 5, United States Code.
        (b) Not later than January 31, 1986, and biennially
    thereafter, the Interagency Committee shall submit to the
    Congress through the President a report concerning:
              (1) its activities and accomplishments since its last
            report; and
              (2) the activities of the Commission, detailing with
            particularity the recommendations of the Commission
            with respect to Federal activities in Arctic research.
        Sec. 10. Public Participation. The Interagency Committee
    will provide public notice of its meetings and an opportunity
    for the public to participate in the development and
    implementation of national Arctic research policy.
        Sec. 11. Administration of Interagency Committee. Each
    agency represented on the Committee shall, to the extent
    permitted by law and subject to the availability of funds,
    provide the Committee with such administrative services,
    facilities, staff, and other support services as may be
    necessary for effective performances of its functions.
    =======================================================================

                              N. OTHER LEGISLATION

                                    CONTENTS

                                                                       Page

     1. Provisions of Law Relating to Travel Outside the United
        States.......................................................   825
          a. Reporting Requirements for House Interparliamentary
              Groups (Legislative Branch Appropriation Act of 1961,
              as amended) (Public Law 86-628) (partial text).........   825
          b. Local Currency Availability (Public Law 83-665).........   827
          c. Availability of Funds for Field Examination of Estimates
              (Public Law 83-207) (partial text).....................   830
     2. Legislation Authorizing U.S. Participation in Parliamentary
        Conferences..................................................   831
          a. Interparliamentary Union................................   831
                (1) Participation Authorization (Public Law 74-170)..   831
                (2) Designation of Senate Delegates to Conferences of
                    the Interparliamentary Union (Public Law 85-474).   833
          b. Requirements Relating to Funds for International
              Organizations and Conferences (Public Law 99-415)
              (partial text).........................................   834
          c. Interparliamentary Groups--Permanent Appropriations
              (Public Law 100-202) (partial text)....................   835
          d. United States-Europe Interparliamentary Groups--
              Appropriations Authorization (Public Law 98-164)
              (partial text).........................................   836
          e. British-American Interparliamentary Group; Participation
              in Conference on Security and Cooperation in Europe
              (Public Law 102-138) (partial text)....................   838
          f. Mexico-United States Interparliamentary Group (Public
              Law 86-420)............................................   841
          g. Canada-United States Interparliamentary Group (Public
              Law 86-42).............................................   843
          h. United States Group of the NATO Parliamentary Assembly
              (Public Law 84-689)....................................   845
     3. International Claims Settlement Acts.........................   848
          a. International Claims Settlement Act of 1949, as amended
              (Public Law 81-455)....................................   848
          b. Iran Claims Settlement (Public Law 99-93) (partial text)   900
          c. Czechoslovakian Claims Settlement Act of 1981 (Public
              Law 97-127)............................................   903
          d. Trust Territories of the Pacific........................   910
                (1) Micronesian Claims Act of 1971, as amended
                    (Public Law 92-39)...............................   910
                (2) Trust Territory Economic Development Loan Fund
                    (Public Law 92-257)..............................   916
                (3) Civil Government for the Trust Territory of the
                    Pacific Islands (Public Law 83-451)..............   918
                (4) Interior Appropriations for Trust Territory of
                    the Pacific Islands (Public Law 109-54) (partial
                    text)............................................   922
          e. Ryukyu Claims Settlement Act (Public Law 89-296)........   924
     4. Compacts of Free Association Act and Related Legislation.....   926
          a. Compact of Free Association Amendments Act of 2003
              (Public Law 108-188)...................................   926
          b. Compact of Free Association Act of 1985 (Public Law 99-
              239) (partial text)....................................  1047
          c. Implementation of the Compact of Free Association With
              Palau (Public Law 101-219) (partial text)..............  1083
          d. Omnibus Insular Areas Act of 1992 (Public Law 102-247)
              (partial text).........................................  1088
          e. Interior Appropriations for Compact of Free Association
              (Public Law 109-54) (partial text).....................  1091
          f. Approval of Agreement Between U.S. and Marshall Islands,
              and Between U.S. and Micronesia to amend Governmental
              Representation Provisions of the Compact of Free
              Association (Public Law 101-62)........................  1092
          g. Approval of Compact of Free Association: United States--
              Palau (Public Law 99-658)..............................  1093
          h. Covenant to Establish a Commonwealth of the Northern
              Mariana Islands in Political Union With the United
              States of America (Public Law 94-241)..................  1130
          i. Relations with the Northern Mariana Islands (Executive
              Order 12572)...........................................  1151
          j. Management of the Compact of Free Association with the
              Marshall Islands, Micronesia, and Palau (Executive
              Order 12569)...........................................  1152
          k. Placing Into Full Force and Effect the Covenant with the
              Northern Mariana Islands, and the Compacts of Free
              Association with Micronesia and the Marshall Islands
              (Proclamation 5564)....................................  1156
          l. Placing Into Full Force and Effect the Compact of Free
              Association With the Republic of Palau (Proclamation
              6726)..................................................  1159
     5. Registration of Foreign Agents...............................  1161
          a. The Foreign Agents Registration Act of 1938, as amended
              (Public Law 75-583)....................................  1161
          b. U.S. Public Officials and Employees Acting as Agents of
              Foreign Principals (18 U.S.C. 219).....................  1176
          c. Agents of Foreign Governments (18 U.S.C. 951)...........  1178
     6. Neutrality Act and Related Material..........................  1180
          a. Neutrality Act of 1939, as amended (Public Resolution
              76-54).................................................  1180
          b. Enlistment in Foreign Service (18 U.S.C. 959)...........  1187
          c. Expedition Against Friendly Nation--Arming Vessel
              Against Friendly Nation (18 U.S.C. 960, 962)...........  1188
          d. Strengthening Armed Vessel of Foreign Nation (18 U.S.C.
              961)...................................................  1189
     7. National Security Act of 1947 (Public Law 80-253) (partial
        text)........................................................  1190
     8. Intelligence Authorization Provisions........................  1210
          a. Kosova Liberation Army (Public Law 106-120) (partial
              text)..................................................  1210
          b. Limitation on State Department Handling of Classified
              Materials (Public Law 106-567) (partial text)..........  1212
          c. Evaluation of State Department Protection of Classified
              Materials (Public Law 107-306) (partial text)..........  1214
          d. Coordination of Federal Government research on Security
              Evaluations (Public Law 108-487) (partial text)........  1215
     9. Reporting Requirements.......................................  1218
          a. Federal Reports Elimination and Sunset Act of 1995
              (Public Law 104-66) (partial text).....................  1218
          b. Continuation of Reports Terminated by the Federal
              Reports Elimination and Sunset Act of 1995 (Public Law
              106-113) (partial text)................................  1222
          c. To Prevent the Elimination of Certain Reports (Public
              Law 107-74) (partial text).............................  1225
    10. Logan Act--Private Correspondence With Foreign Governments
        (Public Law 80-772) (partial text)...........................  1226
    11. Resolution Establishing a Select Committee on Intelligence
        (S. Res. 400) (partial text).................................  1227
    12. Permanent Select Committee on Intelligence (House Rule X)
        (partial text)...............................................  1229
    13. David L. Boren National Security Education Act of 1991
        (Public Law 102-183) (partial text)..........................  1236
    14. Inspector General Act of 1978 (Public Law 95-452) (partial
        text)........................................................  1251
    15. Assignment of National Security and Emergency Preparedness
        Telecommunications Functions (Executive Order 12472).........  1264
    16. National Security Emergency Preparedness Responsibilities
        (Executive Order 12656) (partial text).......................  1274
    17. U.S. Government Opposition to the Practice of Torture (Public
        Law 98-447)..................................................  1286
    18. Commission on the Ukraine Famine Act (Public Law 99-180)
        (partial text)...............................................  1288
    19. Nazi War Crimes and Holocaust Assets.........................  1292
          a. Nazi War Crimes Disclosure Act (Public Law 105-246).....  1292
          b. Making Public Nazi War Crimes Records--Sense of the
              Congress (Public Law 104-309)..........................  1296
          c. U.S. Holocaust Assets Commission Act of 1998 (Public Law
              105-186)...............................................  1298
          d. Holocaust Victims Redress Act (Public Law 105-158)......  1305
    20. Japanese Imperial Government Disclosure Act of 2000 (Public
        Law 106-567) (partial text)..................................  1309
    21. To Locate and Secure the Return of Zachary Baumel (Public Law
        106-89)......................................................  1313
    22. Taiwan's Participation in the World Health Organization......  1315
          a. Participation of Taiwan in the World Health
              Organization, 2003 (Public Law 108-28).................  1315
          b. Participation of Taiwan in the World Health
              Organization, 2001 (Public Law 107-10).................  1317
          c. Participation of Taiwan in the World Health
              Organization, 1999 (Public Law 106-137)................  1319
    23. Czech Republic Memorial Honoring Tomas G. Masaryk (Public Law
        107-61)......................................................  1321
    24. Investigation of Those Missing From Cyprus Since 1974 (Public
        Law 103-372).................................................  1321
    25. Proclamations................................................  1323
          a. Designating September 11 as Patriot Day (Public Law 107-
              89)....................................................  1323
          b. Free and Fair Elections in Peru (Public Law 106-186)....  1325
          c. Captive Nations Week (Public Law 86-90).................  1326
          d. Asian/Pacific American Heritage Month (Public Law 105-
              225) (partial text)....................................  1328

    =======================================================================

     1. Provisions of Law Relating to Travel Outside the United States \1\
    ---------------------------------------------------------------------------

        \1\ See also Legislation on Foreign Relations Through 2005, vol.
    II-A, regarding passport laws and regulations.
    ---------------------------------------------------------------------------

         a. Reporting Requirements for House Interparliamentary Groups

    Partial text of Public Law 86-628 [Legislative Branch Appropriation Act
    of 1961; H.R. 12232], 74 Stat. 446, approved July 12, 1960; as amended
    by Public Law 90-137 [S. 1872], 81 Stat. 445 at 463, approved November
    19, 1967; Public Law 94-59 [H.R. 6950], 89 Stat. 269, approved July 25,
    1975; Public Law 103-437 [U.S.C. Technical Amendments; H.R. 4777], 108
      Stat. 4581, approved November 2, 1994; Public Law 104-186 [House of
     Representatives Administrative Reform Technical Corrections Act; H.R.
    2739], 110 Stat. 1718, approved August 20, 1996; and Public Law 106-113
      [Consolidated Appropriations Act, 2000; H.R. 3194], 113 Stat. 1501,
                           approved November 29, 1999

    AN ACT Making appropriations for the Legislative Branch for the fiscal
               year ending June 30, 1961, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the Legislative Branch
    for the fiscal year ending June 30, 1961, and for other
    purposes, namely:
              * * * * * * *
        Sec. 105.\2\ * * *
    ---------------------------------------------------------------------------
        \2\ 22 U.S.C. 276c-1. Sec. 1104 of Public Law 94-59 (89 Stat. 299)
    amended and restated sec. 105.
    ---------------------------------------------------------------------------
        (b) Each chairman or senior member of the House of
    Representatives and Senate group or delegation of the United
    States group or delegation to the Interparliamentary Union, the
    NATO Parliamentary Assembly,\3\ the Canada-United States
    Interparliamentary Group, the Mexico-United States
    Interparliamentary Group, or any similar interparliamentary
    group of which the United States is a member or participates,
    by whom or on whose behalf local currencies owned by the United
    States are made available and expended and/or expenditures are
    made from funds appropriated for the expenses of such group or
    delegation, shall file with the chairman of the Committee on
    Foreign Relations of the Senate in the case of the group or
    delegation of the Senate, or with the chairman of the Committee
    on Foreign Affairs \4\ of the House of Representatives in the
    case of the group or delegation of the House, an itemized
    report showing all such expenditures made by or on behalf of
    each Member or employee of the group or delegation together
    with the purposes of the expenditure, including per diem
    (lodging and meals), transportation, and for other purposes.
    Within sixty days after the beginning of each regular session
    of Congress, the chairman of the Committee on Foreign Relations
    and the chairman of the Committee on Foreign Affairs \4\ shall
    prepare consolidated reports showing with respect to each such
    group or delegation the total amount expended, the purpose of
    the expenditures, the amount expended for each such purpose,
    the names of the Members or employees by or on behalf of whom
    the expenditures were made and the amount expended by or on
    behalf of each Member or employee for each such purpose. The
    consolidated reports prepared by the chairman of the Committee
    on Foreign Relations of the Senate shall be filed with the
    Secretary of the Senate, and the consolidated reports prepared
    by the chairman of the Committee on Foreign Affairs \4\ of the
    House shall be filed with the Clerk \5\ of the House and shall
    be open to public inspection.
    ---------------------------------------------------------------------------
        \3\ Sec. 701(b)(2) of the Admiral James W. Nance and Meg Donovan
    Foreign Relations Authorization Act, Fiscal Years 2000 and 2001
    (enacted by reference in sec. 1000(a)(7) of Public Law 106-113; 113
    Stat. 1501A-459) struck out ``North Atlantic Assembly'' and inserted in
    lieu thereof ``NATO Parliamentary Assembly''.
        \4\ Sec. 9(a)(2) of Public Law 103-437 (108 Stat. 4588) struck out
    ``International Relations'' and inserted in lieu thereof ``Foreign
    Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
        \5\ Sec. 218(1) of Public Law 104-186 (110 Stat. 1747) struck out
    ``Committee on House Administration'' and inserted in lieu thereof
    ``Clerk''.
    ---------------------------------------------------------------------------
              * * * * * * *
                         b. Local Currency Availability

     Partial text of Public Law 83-665 [Mutual Security Act of 1954; H.R.
    9678], 68 Stat. 832, approved August 26, 1954; as amended by Public Law
    83-778 [H.R. 10051], 68 Stat. 1223, approved September 3, 1954; Public
     Law 84-726 [H.R. 11356], 70 Stat. 560, approved July 18, 1956; Public
     Law 85-477 [H.R. 12181], 72 Stat. 268, approved June 30, 1958; Public
    Law 85-766 [H.R. 13450], 72 Stat. 880, approved August 27, 1958; Public
     Law 86-472 [H.R. 11510], 74 Stat. 138, approved May 14, 1960; Public
     Law 86-628 [H.R. 12232], 74 Stat. 460, approved July 12, 1960; Public
       Law 86-633 [H.R. 11380], 78 Stat. 1015, approved October 7, 1964;
    Public Law 93-126 [H.R. 7645], 87 Stat. 451, approved October 18, 1973;
    Public Law 93-371 [H.R. 14012], 88 Stat. 424, approved August 13, 1974;
      Public Law 94-59 [H.R. 6950], 89 Stat. 269, approved July 25, 1975;
      Public Law 94-157 [H.R. 10647], 89 Stat. 826, approved December 18,
      1975; Public Law 94-350 [S. 3168], 90 Stat. 823, approved July 12,
     1976; Public Law 94-440 [H.R. 14238], 90 Stat. 1439, approved October
    1, 1976; Public Law 95-384 [S. 3750], 92 Stat. 730, approved September
          26, 1978; and Public Law 104-186 [House of Representatives
    Administrative Reform Technical Corrections Act; H.R. 2739], 110 Stat.
                         1718, approved August 20, 1996

    AN ACT To promote the security and foreign policy of the United States
     by furnishing assistance to friendly nations, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``Mutual Security Act of 1954''.
              * * * * * * *
        Sec. 502. * * *
        (b) \1\ (1)(A) Notwithstanding section 1415 of the
    Supplemental Appropriation Act, 1953, or any other provision of
    law--
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 1754(b). Sec. 22 of the International Security
    Assistance Act of 1978 (Public Law 95-384; 92 Stat. 742) amended and
    restated subsec. (b).
    ---------------------------------------------------------------------------
              (i) local currencies owned by the United States which
            are in excess of the amounts reserved under section
            612(a) of the Foreign Assistance Act of 1961 and of the
            requirements of the United States Government in payment
            of its obligations outside of the United States, as
            such requirements may be determined from time to time
            by the President; and
              (ii) any other local currencies owned by the United
            States in amounts not to exceed the equivalent of $75
            per day per person or the maximum per diem allowance
            established under the authority of subchapter I of
            chapter 57 of title 5 of the United States Code for
            employees of the United States Government while
            traveling in a foreign country, whichever is greater,
            exclusive of the actual cost of transportation;
    shall be made available to Members and employees of the
    Congress for their local currency expenses when authorized as
    provided in subparagraph (B).
        (B) The authorization required for purposes of subparagraph
    (A) may be provided--
              (i) by the Speaker of the House of Representatives in
            the case of a Member or employee of the House;
              (ii) by the chairman of a standing or select
            committee of the House of Representatives in the case
            of a member or employee of that committee;
              (iii) by the President of the Senate, the President
            pro tempore of the Senate, the Majority Leader of the
            Senate, or the Minority Leader of the Senate, in the
            case of a Member or employee of the Senate;
              (iv) by the chairman of a standing, select, or
            special committee of the Senate in the case of a member
            or employee of that committee or of an employee of a
            member of that committee; and
              (v) by the chairman of a joint committee of the
            Congress in the case of a member or employee of that
            committee.
        (C) Whenever local currencies owned by the United States
    are not otherwise available for purposes of this subsection,
    the Secretary of the Treasury shall purchase such local
    currencies as may be necessary for such purposes, using any
    funds in the Treasury not otherwise appropriated.
        (2) On a quarterly basis, the chairman of each committee of
    the House of Representatives or the Senate and of each joint
    committee of the Congress (A) shall prepare a consolidated
    report (i) which itemizes the amounts and dollar equivalent
    values of each foreign currency expended and the amounts of
    dollar expenditures from appropriated funds in connection with
    travel outside the United States, stating the purposes of the
    expenditures including per diem (lodging and meals),
    transportation, and other purposes, and (ii) which shows the
    total itemized expenditures, by such committee and by each
    member or employee of such committee (including in the case of
    a committee of the Senate, each employee of a member of the
    committee who received an authorization under paragraph (1)
    from the chairman of the committee); and (B) shall forward such
    consolidated report to the Clerk of the House of
    Representatives (if the committee is a committee of the House
    of Representatives or a joint committee whose funds are
    disbursed by the Chief Administrative Officer \2\ of the House)
    or to the Secretary of the Senate (if the committee is a
    committee of the Senate or a joint committee whose funds are
    disbursed by the Secretary of the Senate). Each such
    consolidated report shall be open to public inspection and
    shall be published in the Congressional Record within ten
    legislative days after the report is forwarded pursuant to this
    paragraph. In the case of the Select Committee on Intelligence
    of the Senate and the Permanent Select Committee on
    Intelligence of the House of Representatives, such consolidated
    report may, in the discretion of the chairman of the committee,
    omit such information as would identify the foreign countries
    in which members and employees of that committee traveled.
    ---------------------------------------------------------------------------
        \2\ Sec. 218(2) of Public Law 104-186 (110 Stat. 1747) struck out
    ``Clerk'' and inserted in lieu thereof ``Chief Administrative
    Officer''.
    ---------------------------------------------------------------------------
        (3)(A) Each Member or employee who receives an
    authorization under paragraph (1) from the Speaker of the House
    of Representatives, the President of the Senate, the President
    pro tempore of the Senate, the Majority Leader of the Senate,
    or the Minority Leader of the Senate, shall within thirty days
    after the completion of the travel involved, submit a report
    setting forth the information specified in paragraph (2), to
    the extent applicable, to the Clerk of the House of
    Representatives (in the case of a Member of the House or an
    employee whose salary is disbursed by the Chief Administrative
    Officer \2\ of the House) or the Secretary of the Senate (in
    the case of a Member of the Senate or an employee whose salary
    is disbursed by the Secretary of the Senate). In the case of an
    authorization for a group of Members or employees, such reports
    shall be submitted for all Members of the group by its
    chairman, or if there is no designated chairman, by the ranking
    Member or if the group does not include a Member, by the senior
    employee in the group. Each report submitted pursuant to this
    subparagraph shall be open to public inspection.
        (B) On a quarterly basis, the Clerk of the House of
    Representatives and the Secretary of the Senate shall each
    prepare a consolidation of the reports received by them under
    this paragraph with respect to expenditures during the
    preceding quarter by each Member and employee or by each group
    in the case of expenditures made on behalf of a group which are
    not allocable to individual members of the group. Each such
    consolidation shall be open to public inspection and shall be
    published in the Congressional Record within ten legislative
    days after its completion.
              * * * * * * *
          c. Availability of Funds for Field Examination of Estimates

      Partial text of Public Law 83-207 [H.R. 6200], 67 Stat. 418 at 438,
                            approved August 7, 1953

     AN ACT Making supplemental appropriations for the fiscal year ending
                     June 30, 1954, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, to supply supplemental
    appropriations (this Act may be cited as the ``Supplemental
    Appropriations Act, 1954'') for the fiscal year ending June 30,
    1954, and for other purposes, namely:
              * * * * * * *
        Sec. 1108. * * *
        (g) \1\ Amounts available under law are available for field
    examinations of appropriation estimates. The use of the amounts
    is subject only to regulations prescribed by the appropriate
    standing committees of Congress.
    ---------------------------------------------------------------------------
        \1\ As originally enacted in Public Law 83-207, this provision was
    codified at 31 U.S.C. 22a. Public Law 97-258 (96 Stat. 913) recodified
    title 31, changed this provision to 31 U.S.C. 1108(g), and amended the
    text.
        2. Legislation Authorizing U.S. Participation in Parliamentary
                                  Conferences

                          a. Interparliamentary Union

                        (1) Participation Authorization

     Public Law 74-170 [S. 2276], 49 Stat. 425, approved June 28, 1935; as
    amended by Public Law 80-409 [S. 1005], 62 Stat. 19, approved February
     6, 1948; Public Law 85-477 [H.R. 12181], 72 Stat. 272, approved June
    20, 1958; Public Law 87-195 [S. 1983], 75 Stat. 465, approved September
     4, 1961; Public Law 87-56 [S. 2996], 76 Stat. 263, approved August 1,
     1962; Public Law 88-633 [H.R. 11380], 87 Stat. 1014, approved October
     7, 1964; Public Law 90-137 [S. 1872], 81 Stat. 463, approved November
     14, 1967; Public Law 92-226 [S. 2819], 86 Stat. 34, approved February
    7, 1972; Public Law 93-126 [H.R. 7645], 87 Stat. 452, approved October
    18, 1973; Public Law 94-141 [S. 1517], 89 Stat. 756, approved November
     29, 1975; Public Law 95-45 [H.R. 5040], 91 Stat. 221 as 223, approved
      June 15, 1977; Public Law 95-426 [H.R. 12598], 92 Stat. 963 at 994,
        approved October 7, 1978; Public Law 103-437 [U.S.C. Technical
    Amendments; H.R. 4777], 108 Stat. 4581, approved November 2, 1994; and
     Public Law 105-277 [Foreign Relations Authorization Act, Fiscal Years
    1998 and 1999; H.R. 4328], 112 Stat. 2681 at 2681-801, approved October
                                    21, 1998

         AN ACT To authorize participation by the United States in the
                          Interparliamentary Union.\1\

    ---------------------------------------------------------------------------
        \1\ Formerly at 22 U.S.C. 276-276a-4.

    ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Sec. 2503 of the Foreign Relations Authorization Act, Fiscal Years 1998 and 1999 (Public Law                           ``
                               ``(a) Interparliamentary Union Limitation.--Unless the Secretary of State certifies to Congress that
                              the United States will be assessed not more than $500,000 for its annual contribution to the Bureau of
                              Interparliamentary Union during fiscal year 1999, then effective October 1, 1999, the authority for
                              further participation by the United States in the Bureau shall terminate in accordance with subsection
                              (d).
                               ``(b) * * *
                               ``(c) * * *
                               ``(d) Conditional Termination of Authority.--Unless Congress receives the certification described in
                              subsection (a) before October 1, 1999, effective on that date the Act entitled `An Act to authorize
                              participation by the United States in the Interparliamentary Union', approved June 28, 1935 (22 U.S.C.
                              276-276a-4) is repealed.
                               ``(e) Transfer of Funds to the Treasury.--Unobligated balances of appropriations made under section
                              303 of the Department of Commerce, Justice, and State, the Judiciary, and Related Agencies
                              Appropriations Act, 1988; Public Law 100-202) that are available as of the day before the date of
                              enactment of this Act shall be transferred on such date to the general fund of the Treasury of the
                              United States.''.
                               The Secretary of State did not make the required certification and Public Law 74-170 was repealed.--------------------------------------------------------------------------------------------------------------------------------------------------------

           (2) Designation of Senate Delegates to Conferences of the
                          Interparliamentary Union \1\

    Public Law 85-474 [Departments of State and Justice, the Judiciary, and
    Related Agencies Appropriations Act of 1959; H.R. 12428], 72 Stat. 244
      at 246, approved June 30, 1958; as amended by Public Law 94-141 [S.
                1517], 89 Stat. 756, approved November 29, 1975

              * * * * * * *

                              DEPARTMENT OF STATE

              * * * * * * *

                  International Organizations and Conferences

              * * * * * * *

                    missions to international organizations

         * * * Provided, That, hereafter, Senate delegates to
    Conferences of the Interparliamentary Union shall be designated
    by the Presiding Officer of the Senate. Not less than two
    Senators so designated shall be members of the Committee on
    Foreign Relations.\2\
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 276c.
        \2\ Sec. 204(c) of Public Law 94-141 (89 Stat. 762) added this
    sentence.
     b. Requirements Relating to Funds for International Organizations and
                                  Conferences

    Partial text of Public Law 99-415 [Anglo-Irish Agreement Support Act of
          1986; H.R. 4329], 100 Stat. 947, approved September 19, 1986

     AN ACT To authorize United States contributions to the International
     Fund established pursuant to the November 15, 1985, agreement between
          the United Kingdom and Ireland, as well as other assistance.

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

    SEC. 7. REQUIREMENTS RELATING TO FUNDS FOR ``INTERNATIONAL ORGANIZATION
                        AND CONFERENCES''.

        (a) Disbursements, Audits, and Reports.--The provisions
    relating to disbursements on vouchers, audits, and submission
    of reports with respect to expenditures pursuant to the Joint
    Resolution of July 11, 1956 (Public Law 689),\1\ shall also
    apply with respect to expenditures pursuant to section 109(c)
    \2\ of the Act of November 22, 1983 (Public Law 98-164).
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 1928a-1928e.
        \2\ 97 Stat. 1019.
    ---------------------------------------------------------------------------
              * * * * * * *
             c. Interparliamentary Groups--Permanent Appropriations

     Partial text of Public Law 100-202 [Department of State Appropriation
    Act, 1988; H.J. Res. 395], 101 Stat. 1329, approved December 22, 1987;
       as amended by Public Law 100-459 [Department of State and Related
    Agencies Appropriations Act, 1989; H.R. 4782], 102 Stat. 2207, approved
     October 1, 1988; Public Law 101-515 [Department of State and Related
    Agencies Appropriations Act, 1991; H.R. 5021], 104 Stat. 2128, approved
        November 5, 1990; Public Law 105-277 [Omnibus Consolidated and
    Emergency Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat.
     2681, approved October 21, 1998; and Public Law 107-77 [Department of
      State and Related Agency Appropriations Act, 2002; H.R. 2500], 115
                     Stat. 790, approved November 28, 2001

              * * * * * * *
        Sec. 303.\1\ There is hereby appropriated, out of any money
    in the Treasury not otherwise appropriated, a total of $350,000
    for each fiscal year to carry out (in accordance with the
    respective authorization amounts) \2\ section 2(2) of Public
    Law 84-689, section 2 of Public Law 86-42, section 2 of Public
    Law 86-420, and section 109 (b) and (c) of the Department of
    State Authorization Act, Fiscal Years 1984 and 1985. These
    funds may be disbursed to each delegation, pursuant to vouchers
    in accordance with the applicable provisions of law, at any
    time requested by the Chairman of the delegation after that
    fiscal year begins.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 276e note. Sec. 408(a) of the Department of State and
    Related Agency Appropriations Act, 2002 (Public Law 107-77; 115 Stat.
    790), sought to strike out ``$440,000'' and insert in lieu thereof
    ``$620,000''. Sec. 2503(c)(1) of Public Law 105-277 (112 Stat. 2681-
    837), however, had previously struck out ``$440,000'' and inserted in
    lieu thereof ``$350,000''. The 2002 amendment is, thus, not executed.
        Previously, sec. 303 of Public Law 100-459 (102 Stat. 2207), struck
    out ``$290,000'' and inserted in lieu thereof ``$340,000'', and added
    ``, and section 109(c) of the Department of State Authorization Act,
    Fiscal Years 1984 and 1985.'' after ``Public Law 86-420.'' Further
    amended by Public Law 101-515 (104 Stat. 2128), which struck out
    ``$340,000'' and inserted in lieu thereof ``$440,000'', and further
    struck out ``section 109(c) of the Department of State Authorization
    Act, Fiscal Years 1984 and 1985'' and inserted in lieu thereof
    ``section 109 (b) and (c) of the Department of State Authorization Act,
    Fiscal Years 1984 and 1985''.
        \2\ Sec. 2503(c)(2) of Public Law 105-277 (112 Stat. 2681-837)
    struck out ``paragraph (2) of the first section of Public Law 74-170,''
    following ``(in accordance with the respective authorization
    amounts)''.
       d. United States-Europe Interparliamentary Groups--Appropriations
                                 Authorization

     Partial text of Public Law 98-164 [Department of State Authorization
     Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat. 1017, approved
    November 22, 1983; as amended by Public Law 99-93 [H.R. 2068], 99 Stat.
    405, approved August 16, 1985; Public Law 99-415 [Anglo-Irish Agreement
    Support Act of 1986, H.R. 4329], 100 Stat. 949, approved September 19,
     1986; Public Law 100-204 [Foreign Relations Authorization Act, Fiscal
    Years 1988 and 1989, H.R. 1777], 101 Stat. 1331, approved December 22,
    1987; Public Law 100-459 [Department of State Appropriations Act, 1989;
     H.R. 4782], 102 Stat. 2186 at 2207, approved October 1, 1988; Public
    Law 101-515 [Department of State Appropriations Act, 1991; H.R. 5021],
       104 Stat. 2101, approved November 5, 1990; and Public Law 107-77
       [Departments of Commerce, Justice, and State, the Judiciary, and
     Related Agencies Appropriations Act, 2002; H.R. 2500], 115 Stat. 748,
                           approved November 28, 2001

     AN ACT To authorize appropriations for fiscal years 1984 and 1985 for
      the Department of State, the United States Information Agency, the
     Board for International Broadcasting, the Inter-American Foundation,
       and the Asia Foundation, to establish the National Endowment for
                       Democracy, and for other purposes.

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

                          TITLE I--DEPARTMENT OF STATE

              * * * * * * *

                           interparliamentary groups

        Sec. 109.\1\ (a) * * *
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 276l note.
    ---------------------------------------------------------------------------
        (b) There are authorized to be appropriated each fiscal
    year $100,000, to be equally divided between delegations of the
    Senate and the House of Representatives, to assist in \2\
    meeting the expenses of the United States Group \3\ of the
    British-American Parliamentary Group which is to be held in the
    United States.
    ---------------------------------------------------------------------------
        \2\ Sec. 304(b)(1) of Public Law 101-515 (104 Stat. 2128) struck
    out ``Of the amount appropriated for the purposes authorized by the
    amendment made by subsection (a) of this section, up to $25,000 may be
    used to meet the expenses incurred in hosting the spring 1984'', and
    inserted in lieu thereof ``There are authorized to be appropriated each
    fiscal year $50,000, to be equally divided between delegations of the
    Senate and the House of Representatives, to assist in''.
        Sec. 408(b)(4) of the Department of State and Related Agency
    Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 791), struck out
    ``$50,000'' and inserted in lieu thereof ``$100,000''. Sec. 408(c) of
    that Act provided the following:
        ``(c) Notwithstanding any other provision of law, whenever either
    the House of Representatives or the Senate does not appoint its
    allotment of members as part of the American delegation or group to a
    conference or assembly of the British-American Interparliamentary
    Group, the Conference on Security and Cooperation in Europe (CSCE), the
    Mexico-United States Interparliamentary Group, the North Atlantic
    Assembly, or any similar interparliamentary group of which the United
    States is a member or participates and so notifies the other body of
    Congress, the other body may make appointments to complete the
    membership of the American delegation. Any appointment pursuant to this
    section shall be for the period of such conference or assembly and the
    body of Congress making such an appointment shall be responsible for
    the expenses of any member so appointed. Any such appointment shall be
    made in the same manner in which other appointments to the delegation
    by such body of Congress are made.''.
        \3\ Sec. 304(b)(2) of Public Law 101-515 (104 Stat. 2128) inserted
    ``the expenses of the United States Group'' after ``meeting''.
    ---------------------------------------------------------------------------
        (c) \4\ There are authorized to be appropriated for each
    fiscal year $50,000 for expenses of United States participation
    in the United States-European Community Interparliamentary
    Group.
    ---------------------------------------------------------------------------
        \4\ Sec. 303(b) of the Department of State Appropriations Act, 1989
    (Public Law 100-459; 102 Stat. 2207), extensively amended subsec. (c),
    to take effect October 1, 1988.  It formerly read as follows:
        ``Of the amounts authorized to be appropriated for each fiscal year
    for `International Organizations and Conferences' $50,000 may be used
    for expenses of United States participation in the United States-
    European Community Interparliamentary Group.''.
        Subsec. (c) was amended previously by sec. 7(b) of Public Law 99-
    415 (100 Stat. 949).

    ---------------------------------------------------------------------------
              * * * * * * *
        e. British-American Interparliamentary Group; Participation in
                Conference on Security and Cooperation in Europe

      Partial text of Public Law 102-138 [Foreign Relations Authorization
     Act, Fiscal Years 1992 and 1993; H.R. 1415], 105 Stat. 647, approved
                                October 28, 1991

     AN ACT To authorize appropriations for fiscal years 1992 and 1993 for
                the Department of State, and for other purposes.

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

                          TITLE I--DEPARTMENT OF STATE

              * * * * * * *

                      PART E--INTERNATIONAL ORGANIZATIONS

              * * * * * * *

    SEC. 168.\1\ BRITISH-AMERICAN INTERPARLIAMENTARY GROUP.
    ---------------------------------------------------------------------------

        \1\ 22 U.S.C. 276l.
    ---------------------------------------------------------------------------
      (a) Establishment and Meetings.--Not to exceed 24 Members of
    Congress shall be appointed to meet annually and when the
    Congress is not in session (except that this restriction shall
    not apply to meetings held in the United States), with
    representatives of the House of Commons and the House of Lords
    of the Parliament of Great Britain for discussion of common
    problems in the interest of relations between the United States
    and Great Britain. The Members of Congress so appointed shall
    be referred to as the ``United States group'' of the United
    States Interparliamentary Group.
      (b) Appointment of Members.--Of the Members of Congress
    appointed for purposes of this section--
              (1) half shall be appointed by the Speaker of the
            House of Representatives from among Members of the
            House (not less than 4 of whom shall be members of the
            Committee on Foreign Affairs),\2\ and
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (2) half shall be appointed by the President Pro
            Tempore of the Senate, upon recommendations of the
            majority and minority leaders of the Senate, from among
            Members of the Senate (not less than 4 of whom shall be
            members of the Committee on Foreign Relations) unless
            the majority and minority leaders of the Senate
            determine otherwise.
      (c) Chair and Vice Chair.--(1) The Chair or Vice Chair of the
    House delegation of the United States group shall be a member
    from the Committee on Foreign Affairs.\2\
      (2) The President Pro Tempore of the Senate shall designate
    the Chair or Vice Chair of the Senate delegation.
      (d) Funding.--There is authorized to be appropriated $50,000
    for each fiscal year to assist in meeting the expenses of the
    United States group for each fiscal year for which an
    appropriation is made, half of which shall be for the House
    delegation and half of which shall be for the Senate
    delegation. The House and Senate portions of such
    appropriations shall be disbursed on vouchers to be approved by
    the Chair of the House delegation and the Chair of the Senate
    delegation, respectively.
      (e) Certification of Expenditures.--The certificate of the
    Chair of the House delegation or the Senate delegation of the
    United States group shall be final and conclusive upon the
    accounting officers in the auditing of the accounts of the
    United States group.
      (f) Annual Report.--The United States group shall submit to
    the Congress a report for each fiscal year for which an
    appropriation is made for the United States group, which shall
    include its expenditures under such appropriation.
      (g) \3\ Interparliamentary Conference of North Atlantic
    Assembly. * * *
    ---------------------------------------------------------------------------
        \3\ Subsec. (g) amended sec. 5 of the ``Joint resolution to
    authorize participation by the United States in parliamentary
    conferences of the North Atlantic Treaty Organization'', approved July
    11, 1956 (22 U.S.C. 1928e).
    ---------------------------------------------------------------------------

    SEC. 169.\4\ UNITED STATES DELEGATION TO THE PARLIAMENTARY ASSEMBLY OF
                        THE CONFERENCE ON SECURITY AND COOPERATION IN
                        EUROPE (CSCE).

      (a) Establishment.--In accordance with the allocation of
    seats to the United States in the Parliamentary Assembly of the
    Conference on Security and Cooperation in Europe (hereinafter
    referred to as the ``CSCE Assembly'') not to exceed 17 Members
    of Congress shall be appointed to meet jointly and annually
    with representative parliamentary groups from other Conference
    on Security and Cooperation in Europe (CSCE) member-nations for
    the purposes of--
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 276m. See also Legislation on Foreign Relations
    Through 2005, vol. II-B.
    ---------------------------------------------------------------------------
              (1) assessing the implementation of the objectives of
            the CSCE;
              (2) discussing subjects addressed during the meetings
            of the Council of Ministers for Foreign Affairs and the
            biennial Summit of Heads of State or Government;
              (3) initiating and promoting such national and
            multilateral measures as may further cooperation and
            security in Europe.
      (b) Appointment of Delegation.--For each meeting of the CSCE
    Assembly, there shall be appointed a United States Delegation,
    as follows:
              (1) In 1992 and every even-numbered year thereafter,
            9 Members shall be appointed by the Speaker of the
            House from Members of the House (not less than 4 of
            whom, including the Chairman of the United States
            Delegation, shall be from the Committee on Foreign
            Affairs); \2\ and 8 Members shall, upon recommendations
            of the Majority and Minority leaders of the Senate, be
            appointed by the President Pro Tempore of the Senate
            from Members of the Senate (not less than 4 of whom,
            including the Vice Chairman of the United States
            Delegation, shall be from the Committee on Foreign
            Relations, unless the President Pro Tempore of the
            Senate, upon recommendations of the Majority and
            Minority leaders of the Senate, determines otherwise).
              (2) In every odd-numbered year beginning in 1993, 9
            Members shall, upon recommendation of the Majority and
            Minority Leaders of the Senate, be appointed by the
            President Pro Tempore of the Senate from Members of the
            Senate (not less than 4 of whom, including the Chairman
            of the United States Delegation, shall be from the
            Committee on Foreign Relations, unless the President
            Pro Tempore of the Senate, upon recommendations of the
            Majority and Minority leaders of the Senate, determines
            otherwise); and 8 Members shall be appointed by the
            Speaker of the House from Members of the House (not
            less than 4 of whom, including the Vice Chairman, shall
            be from the Committee on Foreign Affairs).\2\
      (c) Administrative Support.--For the purpose of providing
    general staff support and continuity between successive
    delegations, each United States Delegation shall have 2
    secretaries (one of whom shall be appointed by the Chairman of
    the Committee on Foreign Affairs \2\ of the House of
    Representatives and one of whom shall be appointed by the
    Chairman of the Delegation of the Senate).
      (d) Funding.--
              (1) United States Participation.--There is authorized
            to be appropriated for each fiscal year $80,000 to
            assist in meeting the expenses of the United States
            delegation. For each fiscal year for which an
            appropriation is made under this subsection, half of
            such appropriation may be disbursed on voucher to be
            approved by the Chairman and half of such appropriation
            may be disbursed on voucher to be approved by the Vice
            Chairman.
              (2) Availability of Appropriations.--Amounts
            appropriated pursuant to this subsection are authorized
            to be available until expended.
      (e) Annual Report.--The United States Delegation shall, for
    each fiscal year for which an appropriation is made, submit to
    the Congress a report including its expenditures under such
    appropriation. The certificate of the Chairman and Vice
    Chairman of the United States Delegation shall be final and
    conclusive upon the accounting officers in the auditing of the
    accounts of the United States Delegation.
              * * * * * * *
                f. Mexico-United States Interparliamentary Group

    Public Law 86-420 [H.J. Res. 283], 74 Stat. 40, approved April 9, 1960;
    as amended by Public Law 94-350 [S. 3168], 90 Stat. 823, approved July
    12, 1976; Public Law 95-45 [H.R. 5040], 91 Stat. 222, approved June 15,
      1977; Public Law 101-515 [Department of State Appropriations, 1991;
     H.R. 5021], 104 Stat. 2101, approved November 5, 1990; Public Law 103-
     236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995;
    H.R. 2333], 108 Stat. 382, approved April 30, 1994; Public Law 103-437
      [U.S.C. Technical Amendments; H.R. 4777], 108 Stat. 4581, approved
       November 2, 1994; and Public Law 107-77 [Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriations
        Act, 2002; H.R. 2500], 115 Stat. 748, approved November 28, 2001

      JOINT RESOLUTION To authorize participation by the United States in
                     parliamentary conferences with Mexico.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That not \1\ to
    exceed twenty-four Members of Congress shall be appointed to
    meet jointly and at least annually with representatives of the
    Chamber of Deputies and Chamber of Senators of the Mexican
    Congress for discussion of common problems in the interests of
    relations between the United States and Mexico. Of the Members
    of the Congress to be appointed for the purposes of this
    resolution (hereinafter designated as the United States group)
    half shall be appointed by the Speaker of the House from
    Members of the House (not less than four of whom shall be from
    the Foreign Affairs \2\ Committee), and half shall be appointed
    by the President of the Senate upon recommendations of the
    majority and minority leaders of the Senate \3\ from Members of
    the Senate (not less than four of whom shall be from the
    Foreign Relations Committee). Such appointments shall be for
    the period of each meeting of the Mexico-United States
    Interparliamentary group except for the four members of the
    Foreign Affairs \2\ Committee, and the four members of the
    Foreign Relations Committee, whose appointment shall be for the
    duration of each Congress. The Chairman or Vice Chairman of the
    House delegation shall be a Member from the Foreign Affairs
    Committee, and, unless the President of the Senate, upon the
    recommendation of the Majority Leader, determines otherwise,
    the Chairman or Vice Chairman of the Senate delegation shall be
    a Member from the Foreign Relations Committee.\4\
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 276h.
        \2\ Sec. 9(a)(4) of Public Law 103-437 (108 Stat. 4588) struck out
    ``International Relations'' and inserted in lieu thereof ``Foreign
    Affairs''. Previously, sec. 4(b) of Public Law 95-45 (91 Stat. 222) had
    struck out ``Foreign Affairs'' and inserted in lieu thereof
    ``International Relations''.
        \3\ Sec. 4(b)(1) of Public Law 95-45 (91 Stat. 222) inserted ``upon
    recommendations of the majority and minority leaders of the Senate.''
        \4\ Sec. 4(b)(3) of Public Law 94-45 (91 Stat. 222) added this
    sentence.
    ---------------------------------------------------------------------------
        Sec. 2.\5\ An appropriation of $120,000 \6\ annually is
    authorized, $60,000 \6\ of which shall be for the House
    delegation and $60,000 \6\ for the Senate delegation, or so
    much thereof as may be necessary to assist in meeting the
    expenses of the United States group of the Mexico-United States
    Interparliamentary group for each fiscal year for which an
    appropriation is made, the House and Senate portions of such
    appropriation to be disbursed on vouchers to be approved by the
    Chairman of the House delegation and the Chairman of the Senate
    delegation, respectively.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 276i.
        \6\ Sec. 408(b)(2) of the Department of State and Related Agency
    Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 790),
    substituted ``$120,000'', ``$60,000'', and ``$60,000'', in lieu of
    ``$80,000'', ``$40,000'', and ``$40,000'', respectively. Previously,
    sec. 502(a)(1) of Public Law 103-236 (108 Stat. 461) substituted
    ``$80,000'', ``$40,000'', and ``$40,000'' in lieu of ``$100,000'',
    ``$50,000'', and ``$50,000'', respectively. Previously, sec. 304(c) of
    Public Law 101-515 (104 Stat. 2129) substituted ``$100,000'',
    ``$50,000'', and ``$50,000'' in lieu of ``$50,000'', ``$25,000'', and
    ``$25,000'' respectively; and sec. 118(b) of the Foreign Relations
    Authorization Act Fiscal Year 1977 (Public Law 94-350) substituted
    ``$50,000'', ``$25,000'', and ``$25,000'' in lieu of ``$30,000'',
    ``$15,000'', and ``$15,000'' respectively.
    ---------------------------------------------------------------------------
        Sec. 3.\7\ The United States group of the Mexico-United
    States Interparliamentary group shall submit to the Congress a
    report for each fiscal year for which an appropriation is made
    including its expenditures under such appropriation.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 276j.
    ---------------------------------------------------------------------------
        Sec. 4.\8\ The certificate of the Chairman of the House
    delegation or the Senate delegation of the Mexico-United States
    Interparliamentary group shall hereafter be final and
    conclusive upon the accounting officers in the auditing of the
    accounts of the United States group of the Mexico-United States
    Interparliamentary group.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 276k.
                g. Canada-United States Interparliamentary Group

    Public Law 86-42 [H.J. Res. 254], 73 Stat. 72, approved June 11, 1959;
    as amended by Public Law 94-350 [S. 3168], 90 Stat. 823, approved July
     12, 1976; Public Law 95-45 [H.R. 5040], 91 Stat. 221 at 222, approved
    June 15, 1977; Public Law 103-236 [Foreign Relations Authorization Act,
     Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April
    30, 1994; Public Law 103-437 [U.S.C. Technical Amendments; H.R. 4777],
       108 Stat. 4581, approved November 2, 1994; and Public Law 107-77
       [Departments of Commerce, Justice, and State, the Judiciary, and
     Related Agencies Appropriations Act, 2002; H.R. 2500], 115 Stat. 748,
                           approved November 28, 2001

      JOINT RESOLUTION To authorize participation by the United States in
                     parliamentary conference with Canada.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That not \1\ to
    exceed twenty-four Members of Congress shall be appointed to
    meet jointly and at least annually and when Congress is not in
    session (except that this restriction shall not apply during
    the first session of the Eighty-sixth Congress or to meetings
    held in the United States) with representatives of the House of
    Commons and Senate of the Canadian Parliament for discussion of
    common problems in the interests of relations between the
    United States and Canada. Of the Members of the Congress to be
    appointed for the purposes of this resolution (hereinafter
    designated as the United States group) half shall be appointed
    by the Speaker of the House from Members of the House (not less
    than four of whom shall be from the Foreign Affairs \2\
    Committee), and half shall be appointed by the President of the
    Senate upon recommendations of the majority and minority
    leaders of the Senate \3\ from Members of the Senate (not less
    than four of whom shall be from the Foreign Relations
    Committee).
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 276d.
        \2\ Sec. 9(a)(3) of Public Law 103-437 (108 Stat. 4588) struck out
    ``International Relations'' and inserted in lieu thereof ``Foreign
    Affairs''. Previously, sec. 4(a) of Public Law 95-45 (91 Stat. 222) had
    struck out ``Foreign Affairs'' and inserted in lieu thereof
    ``International Relations''.
        \3\ Sec. 4(a)(1) of Public Law 95-45 (91 Stat. 222) inserted ``upon
    recommendations of the majority and minority leaders of the Senate.''.
    ---------------------------------------------------------------------------
        Such appointments shall be for a period of each meeting of
    the Canada-United States Interparliamentary group except for
    the four members of the Foreign Affairs \2\ Committee and the
    four members of the Foreign Relations Committee, whose
    appointments shall be for the duration of each Congress.
        The Chairman or Vice Chairman of the House delegation shall
    be a Member from the International Relations Committee, and,
    unless the President of the Senate, upon the recommendation of
    the Majority Leader, determines otherwise, the Chairman or Vice
    Chairman of the Senate delegation shall be a Member from the
    Foreign Relations Committee.\4\
    ---------------------------------------------------------------------------
        \4\ Sec. 4(a)(3) of Public Law 95-45 (91 Stat. 222) added this
    paragraph.
    ---------------------------------------------------------------------------
        Sec. 2.\5\ An appropriation of $150,000 \6\ annually is
    authorized, $75,000 \6\ of which shall be for the House
    delegation and $75,000 \6\ for the Senate delegation, or so
    much thereof as may be necessary, to assist in meeting the
    expenses of the United States group of the Canada-United States
    Interparliamentary group for each fiscal year for which an
    appropriation is made, the House and Senate portions of such
    appropriation to be disbursed on vouchers to be approved by the
    Chairman of the House delegation and the Chairman of the Senate
    delegation, respectively.
    ---------------------------------------------------------------------------
        \5\ 22 U.S.C. 276e.
        \6\ Sec. 408(b)(3) of the Department of State and Related Agency
    Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 791) substituted
    ``$150,000'', ``$75,000'', and ``$75,000'' in lieu of ``$70,000'',
    ``$35,000'', and ``$35,000'', respectively. Previously, sec. 502(a)(2)
    of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995
    (Public Law 103-236; 108 Stat. 462) substituted ``$70,000'',
    ``$35,000'', and ``$35,000'' in lieu of ``$50,000'', ``$25,000'', and
    ``$25,000'', respectively. Previously, sec. 118(a) of the Foreign
    Relations Authorization Act, Fiscal Year 1977 (Public Law 94-350),
    substituted ``$50,000'', ``$25,000'', and ``$25,000'' in lieu of
    ``$30,000'', ``$15,000'', and ``$15,000'', respectively.
    ---------------------------------------------------------------------------
        Sec. 3.\7\ The United States group of the Canada-United
    States Interparliamentary group shall submit to the Congress a
    report for each fiscal year for which an appropriation is made
    including its expenditures under such appropriation.
    ---------------------------------------------------------------------------
        \7\ 22 U.S.C. 276f.
    ---------------------------------------------------------------------------
        Sec. 4.\8\ The certificate of the Chairman of the House
    delegation or the Senate delegation of the Canada-United States
    Interparliamentary group shall hereafter be final and
    conclusive upon the accounting officers in the auditing of the
    accounts of the United States group of the Canada-United States
    Interparliamentary group.
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 276g.
           h. United States Group of the NATO Parliamentary Assembly

      Public Law 84-689 [H.J. Res. 501], 70 Stat. 523, approved July 11,
       1956; as amended by Public Law 85-477 [H.R. 12181], 72 Stat. 261,
     approved June 30, 1958; Public Law 88-205 [H.R. 7885], 77 Stat. 379,
    approved December 16, 1963; Public Law 90-137 [S. 1782], 81 Stat. 445,
    approved November 14, 1967; Public Law 94-350 [S. 3168], 90 Stat. 823,
     approved July 12, 1976; Public Law 95-45 [H.R. 5040], 91 Stat. 221 at
      222, approved June 15, 1977; Public Law 98-164 [Department of State
      Authorization Act, Fiscal Years 1984 and 1985; H.R. 2915], 97 Stat.
         1017 at 1019, approved November 22, 1983; Public Law 100-202
      [Continuing Appropriations, 1988; H.J. Res. 395], 101 Stat. 1329 at
       1329-23, approved December 22, 1987; Public Law 100-204 [Foreign
     Relations Authorization Act, Fiscal Years 1988 and 1989; H.R. 1777],
    101 Stat. 1331 at 1396, approved December 22, 1987; Public Law 102-138
    [Foreign Relations Authorization Act, Fiscal Years 1992 and 1993; H.R.
    1415], 105 Stat. 647 at 677, approved October 28, 1991; Public Law 103-
    437 [U.S.C. Technical Amendments; H.R. 4777], 108 Stat. 4581, approved
     November 2, 1994; Public Law 106-113 [Admiral James W. Nance and Meg
      Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and
       2001; H.R. 3427], 113 Stat. 1536, approved November 23, 1999; and
      Public Law 107-77 [Departments of Commerce, Justice, and State, the
     Judiciary, and Related Agencies Appropriations Act, 2002; H.R. 2500],
                   115 Stat. 748, approved November 28, 2001

      JOINT RESOLUTION To authorize participation by the United States in
      parliamentary conferences of the North Atlantic Treaty Organization.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That not \1\ to
    exceed twenty-four \2\ Members of Congress shall be appointed
    to meet jointly and annually \3\ with representative
    parliamentary groups from other NATO (North Atlantic Treaty
    Organization) members, for discussion of common problems in the
    interests of the maintenance of peace and security in the North
    Atlantic area. Of the Members of the Congress to be appointed
    for the purposes of this resolution (hereinafter designated as
    the ``United States Group''), half shall be appointed by the
    Speaker of the House from Members of the House (not less than
    four of whom shall be from the Committee on Foreign
    Affairs),\4\, \5\ and half shall be appointed by the
    President of the Senate upon recommendations of the majority
    and minority leaders of the Senate \6\ from Members of the
    Senate. Not more than seven of the appointees from the Senate
    shall be of the same political party.\7\ The Chairman or Vice
    Chairman of the House delegation shall be a Member from the
    Foreign Affairs Committee,\5\ and, unless the President of the
    Senate, upon the recommendation of the Majority Leader,
    determines otherwise, the Chairman or Vice Chairman of the
    Senate delegation shall be a Member from the Foreign Relations
    Committee.\8\ Each delegation shall have a secretary. The
    secretaries of the Senate and House delegations shall be
    appointed, respectively, by the chairman of the Committee on
    Foreign Relations of the Senate and the chairman of the
    Committee on Foreign Affairs of the House of
    Representatives.\9\
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 1928a.
        \2\ Sec. 4(c)(1) of Public Law 95-45 (91 Stat. 222) struck out
    ``eighteen'' and inserted in lieu thereof ``twenty-four''.
        \3\ Public Law 88-205 (77 Stat. 379) struck out ``and when Congress
    is not in session,'' which previously appeared at this point.
        \4\ Sec. 4(c)(2) of Public Law 95-45 (91 Stat. 222) added the
    parenthetical text.
        \5\ Sec. 9(a)(5) of Public Law 103-437 (108 Stat. 4588) struck out
    ``International Relations'' and inserted in lieu thereof ``Foreign
    Affairs''. Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
        \6\ Sec. 4(c)(2) of Public Law 95-45 (91 Stat. 222) inserted ``upon
    recommendations of the majority and minority leaders of the Senate''.
        \7\ Sec. 4(c)(3) of Public Law 95-45 (91 Stat. 222) amended and
    restated this sentence, which previously read as follows:
        ``Not more than five of the appointees from the respective Houses
    shall be of the same political party''.
        \8\ Sec. 4(c)(4) of Public Law 94-45 (91 Stat. 222) added this
    sentence.
        \9\ Sec. 744 of Public Law 100-204 (101 Stat. 1396) added the two
    preceding sentences.
    ---------------------------------------------------------------------------
        Sec. 2.\10\ There is authorized to be appropriated annually
    (1) \11\ for the annual contribution of the United States
    toward the maintenance of the NATO Parliamentary Assembly,\12\
    such sum as may be agreed upon by the United States Group and
    approved by such Assembly,\12\ but in no event to exceed for
    any year an amount equal to 25 per centum of the total annual
    contributions made for that year by all members of the North
    Atlantic Treaty Organization toward the maintenance of such
    Assembly,\12\ and (2) \11\ $200,000, $100,000 for the House
    delegation and $100,000 for the Senate delegation,\13\ or so
    much thereof as may be necessary, to assist in meeting the
    expenses of the United States group of the NATO Parliamentary
    Assembly \12\ for each fiscal year for which an appropriation
    is made, such appropriation to be dispersed on voucher to be
    approved by the Chairman of the House delegation and the
    Chairman of the Senate delegation.
    ---------------------------------------------------------------------------
        \10\ 22 U.S.C. 1928b.
        \11\ Sec. 303 of Title II of the Department of State Appropriation
    Act, 1988 (sec. 101(a) of the Continuing Appropriations, 1988, Public
    Law 100-202; 101 Stat. 1329-23), struck out ``annually'' and inserted
    in lieu thereof ``annually (1)'' and added ``(2)'' after ``and''.
        \12\ Public Law 90-137 (81 Stat. 463) struck out ``The North
    Atlantic Treaty Organization Parliamentary Conference'' and inserted in
    lieu thereof ``North Atlantic Assembly''. Public Law 90-137 further
    struck out ``such Conference'' and inserted in lieu thereof ``such
    Assembly''. Subsequently, sec. 701(b)(1) of Public Law 106-113 (113
    Stat. 1537-451) struck out ``North Atlantic Assembly and inserted in
    lieu thereof ``NATO Parliamentary Assembly''.
        \13\ Sec. 408(b)(1) of the Department of State and Related Agency
    Appropriations Act, 2002 (Public Law 107-77; 115 Stat. 790), amended
    the amounts authorized to be appropriated, which formerly read
    ``$100,000'', ``$50,000'', and ``$50,000'' respectively. Previously,
    sec. 303 of Title III of Continuing Appropriations, Fiscal Year 1988
    (Public Law 100-202; 101 Stat 1329-23), amended the amounts authorized
    to be appropriated which formerly read ``$50,000, $25,000 for the House
    delegation and $25,000 for the Senate delegation'' (as authorized by
    Public Law 92-226). Prior to that authorization, the amounts were
    ``$30,000, $15,000 for the House delegation and $15,000 for the Senate
    delegation''. The Foreign Relations Authorization Act (Public Law 100-
    204; 101 Stat. 1396) had directed that sec. 2 be amended by
    substituting ``$75,000'' in lieu of ``$50,000'', and ``$50,000'' in
    lieu of ``$25,000'' for the House delegation. This amendment could not
    be executed because of the prior amendment by Public Law 100-202.
    Previously, sec. 502(d) of Public Law 85-477 (72 Stat. 273) amended and
    restated this sentence.
    ---------------------------------------------------------------------------
        Sec. 3.\14\ The United States group of the NATO
    Parliamentary Assembly \12\ shall submit to the Congress a
    report for each fiscal year for which an appropriation is made,
    including its expenditures under such appropriation.
    ---------------------------------------------------------------------------
        \14\ 22 U.S.C. 1928c.
    ---------------------------------------------------------------------------
        Sec. 4.\15\ The certificate of the Chairman of the House
    delegation and the Senate delegation of the NATO Parliamentary
    Assembly \12\ shall hereafter be final and conclusive upon the
    accounting officers in the auditing of the accounts of the
    United States group of the NATO Parliamentary Assembly.\12\
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 1928d.
    ---------------------------------------------------------------------------
        Sec. 5.\16\ In addition to the amounts authorized by
    section 2, there is authorized to be appropriated $50,000 for
    fiscal year 1977 to meet the expenses incurred by the United
    States group in hosting the twenty-second annual meeting of the
    North Atlantic Assembly. In addition to amounts authorized by
    section 2, there is authorized to be appropriated $550,000 for
    fiscal year 1994 to meet the expenses incurred by the United
    States group in hosting the fortieth annual meeting of the
    North Atlantic Assembly.\17\ In addition to the amounts
    authorized by section 2, there is authorized to be appropriated
    $450,000 for fiscal year 1984 to meet the expenses incurred by
    the United States group in hosting the thirty-first annual
    meeting of the North Atlantic Assembly.\18\ Amounts
    appropriated under this section are authorized to remain
    available until expended.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 1928e. Sec. 107 of the Foreign Relations
    Authorization Act, Fiscal Year 1977 (Public Law 94-350) added sec. 5.
        \17\ Sec. 168(g) of the Foreign Relations Authorization Act, Fiscal
    Years 1992 and 1993 (Public Law 102-138; 105 Stat. 677), added this
    sentence.
        \18\ Sec. 109(a) of the Department of State Authorization Act,
    Fiscal Years 1984 and 1985 (Public Law 98-164; 97 Stat. 1019) added
    this sentence. For complete text of sec. 109(b), see Legislation on
    Foreign Relations Through 2005, vol. II-B.
                    3. International Claims Settlement Acts

           a. International Claims Settlement Act of 1949, as amended

    Public Law 81-455 [H.R. 4406], 64 Stat. 12, approved March 10, 1950; as
    amended by Public Law 83-242 [H.R. 5742], 67 Stat. 506, approved August
      8, 1953; Reorganization Plan No. 1, effective July 1, 1954, 19 F.R.
       3985, 68 Stat. 1279; Public Law 84-285 [H.R. 6382], 69 Stat. 562,
      approved August 9, 1955; Public Law 85-604 [S. 3557], 72 Stat. 527,
    approved August 8, 1958; Public Law 85-791 [H.R. 6788], 72 Stat. 941 at
    951, approved August 28, 1958; Public Law 88-666 [H.R. 12259], 78 Stat.
      1110, approved October 16, 1964; Public Law 89-554 [H.R. 10104], 80
     Stat. 378 at 656, approved September 6, 1966; Public Law 89-559 [H.R.
     10104], 80 Stat. 378 at 656, approved November 6, 1966; Public Law 90-
    421 [H.R. 9063], 82 Stat. 420, approved July 4, 1968; Public Law 91-167
     [H.R. 11711], 83 Stat. 435, approved December 24, 1969; Public Law 93-
    460 [H.R. 13261], 88 Stat. 1386, approved October 20, 1974; Public Law
    94-542 [S. 3621], 90 Stat. 2509, approved October 18, 1976; Public Law
     96-445 [H.R. 6440], 94 Stat. 1891, approved October 13, 1980; Public
      Law 96-606 [H.R. 5737], 94 Stat. 3534, approved December 28, 1980;
      Public Law 97-164 [H.R. 4482], 96 Stat. 25 at 49, approved April 2,
     1982; Public Law 99-451 [H.R. 5506], 100 Stat. 1138, approved October
       8, 1986; Public Law 100-204 [Foreign Relations Authorization Act,
        Fiscal Years 1988 and 1989; H.R. 1777], 101 Stat. 1331 at 1350,
    approved December 22, 1987; Public Law 100-352 [Review of Cases by the
     Supreme Court; S. 952], 102 Stat. 662 at 664, approved June 27, 1988;
     Public Law 102-572 [Court of Federal Claims Technical and Procedural
     Improvements Act of 1992; S. 1569], 106 Stat. 4516, approved October
     29, 1992; Public Law 104-114 [Cuban Liberty and Democratic Solidarity
     (LIBERTAD) Act of 1996; H.R. 927], 110 Stat. 785, approved March 12,
     1996; Public Law 104-316 [General Accounting Office Act of 1996; H.R.
     3864], 110 Stat. 3826, approved October 19, 1996; and Public Law 105-
      277 [Omnibus Consolidated and Emergency Supplemental Appropriations
        Act, 1999; H.R. 4328], 112 Stat. 2681, approved October 21, 1998

         AN ACT To provide for the settlement of certain claims of the
      Government of the United States on its own behalf and on behalf of
                American nationals against foreign governments.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That this
    Act may be cited as the ``International Claims Settlement Act
    of 1949''.

                                  TITLE I \1\

        Sec. 2.\2\ For the purposes of this Title--
    ---------------------------------------------------------------------------
        \1\ Designated ``Title I'' by Public Law 84-285 (69 Stat. 562).
        \2\ 22 U.S.C. 1621.
    ---------------------------------------------------------------------------
        (a) The term ``person'' shall include an individual,
    partnership, corporation, or the Government of the United
    States.
        (b) The term ``United States'' when used in a geographical
    sense shall include the United States, its Territories and
    insular possessions, and the Canal Zone.
        (c) The term ``nationals of the United States'' includes
    (1) persons who are citizens of the United States, and (2)
    persons who, though not citizens of the United States, owe
    permanent allegiance to the United States. It does not include
    aliens.
        (d) The term ``Yugoslav Claims Settlement of 1948'' means
    the agreements between the Governments of the United States of
    America and of the Federal People's Republic of Yugoslavia
    regarding pecuniary claims of the United States and its
    nationals, signed July 19, 1948.
        Sec. 3.\3\ (a) \4\ * * * [Repealed--1966]
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 1622.
        \4\ Sec. 8(a) of Public Law 89-554 (80 Stat. 656) repealed subsecs.
    (a) and (b).
    ---------------------------------------------------------------------------
        (b) \4\ * * * [Repealed--1966]
        (c) The Commission \5\ may prescribe such rules and
    regulations as may be necessary to enable it to carry out its
    functions, and may delegate functions to any member, officer,
    or employee of the Commission. The President may fix a
    termination date for the authority of the Commission, and the
    terms of office of its members under this Title. Any member of
    the Commission may be removed by the Secretary of State,\6\
    upon notice and hearing, for neglect of duty, or malfeasance in
    office, but for no other cause. Not later than six months after
    its organization, and every six months thereafter, the
    Commission shall make a report, through the Secretary of
    State,\6\ to the Congress concerning its operations under this
    Title. The Commission shall, upon completion of its work,
    certify in duplicate to the Secretary of State and to the
    Secretary of the Treasury the following: (1) A list of all
    claims disallowed; (2) a list of all claims allowed, in whole
    or in part, together and with the amount of each claim and the
    amount awarded thereon; and (3) a copy of the decision rendered
    in each case. No member of such Commission shall be appointed
    after the effective date of this Title until such Commission is
    reorganized by further Act of Congress but acting members may
    be designated by the President as provided by this section, who
    shall receive no compensation from the funds appropriated by
    H.R. 6200 for defraying the expenses of such Commission.\7\
    ---------------------------------------------------------------------------
        \5\ Reorganization Plan No. 1, 1954, effective July 1, 1954 (19
    F.R. 3985; 68 Stat. 1279) abolished the International Claims Commission
    and transferred its functions to the Foreign Claims Settlement
    Commission of the United States. Sec. 1 of Reorganization Plan No. 1
    read:

                    ``Foreign Claims Settlement Commission of the United
    States

        ``Section 1. Establishment of Commission.--There is hereby
    established the Foreign Claims Settlement Commission of the United
    States, hereinafter referred to as the Commission. The Commission shall
    be composed of three members, who shall each be appointed by the
    President by and with the advice and consent of the Senate, hold office
    during the pleasure of the President, and receive compensation at the
    rate of $15,000 per annum. The President shall from time to time
    designate one of the members of the Commission as the Chairman of the
    Commission, hereinafter referred to as the Chairman. Two members of the
    Commission shall constitute a quorum for the transaction of the
    business of the Commission.''.
        The Foreign Claims Settlement Commission was transferred by Public
    Law 96-209 (94 Stat. 96) to the Department of Justice. Public Law 96-
    209 provides the following:
        ``Sec. 101. The Foreign Claims Settlement Commission of the United
    States, established under Reorganization Plan Numbered 1 of 1954, is
    hereby transferred to the Department of Justice as a separate agency
    within that Department.
        ``Sec. 102. All functions, powers, and duties of the Foreign Claims
    Settlement Commission established by Reorganization Plan Numbered 1 of
    1954 are hereby transferred with the Commission, together with
    personnel, assets, liabilities, unexpended balances of appropriations,
    authorizations, allocations, and other funds held, used, available, or
    to be made available in connection with the statutory functions of the
    Commission. The Commission shall continue to perform its functions as
    provided by the War Claims Act of 1948, as amended, the International
    Claims Settlement Act of 1949, as amended, and Reorganization Plan
    Numbered 1 of 1954.
        ``Sec. 103.(a) The Commission shall be composed of a Chairman and
    two members. The Chairman shall be appointed by the President, by and
    with the advice and consent of the Senate, to serve on a full-time
    basis for a term of three years, and compensated at the rate provided
    for level V of the Executive Schedule under section 5316 of title 5,
    United States Code.
        ``(b) The other members of the Commission shall be appointed by the
    President, by and with the advice and consent of the Senate, and serve
    on a part-time basis, and be compensated on a per diem basis at a rate
    of compensation equivalent to the daily rate for level V of the
    Executive Schedule under section 5316 of title 5, United States Code,
    for each day that such member is employed in the actual performance of
    official business of the Commission as may be directed by the Chairman.
    Each member shall be reimbursed for travel expenses, including per diem
    in lieu of subsistence, as authorized by section 5703 of title 5 for
    persons in Government service employed intermittently.
        ``(c) The terms of Office of the Chairman and members of the
    Commission shall be for three years, except the Chairman and members
    first appointed after the enactment of this subsection shall be
    appointed to terms ending respectively September 30, 1982, September
    30, 1981, and September 30, 1980. The incumbent of any such office may
    continue to serve until a successor takes office.
        ``(d) Notwithstanding the provisions of subsections (a), (b), and
    (c) of this section, members of the Foreign Claims Settlement
    Commission who are serving on the effective date of this Act, shall
    continue to serve in their same capacities until the expiration of the
    terms to which they were appointed.
        ``Sec. 104. The Commission is authorized, in accordance with civil
    service laws and in accordance with title 5 of the United States Code,
    to appoint and fix the compensation of such officers and employees as
    may be necessary to carry out the functions of the Commission. The
    Commission is authorized to employ experts and consultants in
    accordance with section 3109 of title 5 of the United States Code,
    without compensation or at rates of compensation not in excess of the
    maximum daily rate prescribed for GS-18 under section 5332 of title 5
    of the United States Code. Notwithstanding any other provision of law,
    the Commission is further authorized to employ nationals of other
    countries who may possess special knowledge, languages, or other
    expertise necessary to assist the Commission. The Commission is
    authorized to pay expenses of packing, shipping, and storing personal
    effects of personnel of the Commission assigned abroad, and to pay
    allowances and benefits similar to those provided by title IX of the
    Foreign Service Act of 1946, as amended. The Commission is authorized,
    with the consent of the head of any other department or agency of the
    Federal Government, to utilize the facilities and services of such
    department or agency in carrying out the functions of the Commission.
    Officers and employees of any department and agency of the Federal
    Government may, with the consent of the head of such department or
    agency, be assigned to assist the Commission in carrying out its
    functions. The Commission shall reimburse such department and agency
    for the pay of such officers or employees.
        ``Sec. 105. All functions, powers, and duties not directly related
    to adjudicating claims are hereby vested in the Chairman, including the
    functions set forth in section 3 of Reorganization Plan Numbered 1 of
    1954 and the authority to issue rules and regulations.
        ``Sec. 106. The Attorney General shall provide necessary
    administrative support and services to the Commission. The Chairman
    shall prepare the budget requests, authorization documents, and
    legislative proposals for the Commission within the procedures
    established by the Department of Justice, and the Attorney General
    shall submit these items to the Director of the Office of Management
    and Budget as proposed by the Chairman.
        ``Sec. 107. Nothing in this Act shall be construed to diminish the
    independence of the Commission in making its determinations on claims
    in programs that it is authorized to administer pursuant to the powers
    and responsibilities conferred upon the Commission by the War Claims
    Act of 1948, as amended, the International Claims Settlement Act of
    1949, as amended, and Reorganization Plan Numbered 1 of 1954. The
    decisions of the Commission with respect to claims shall be final and
    conclusive on all questions of law and fact, and shall not be subject
    to review by the Attorney General or any other official of the United
    States or by any court by mandamus or otherwise.''.
        \6\ The functions of the Secretary of State under these sentences
    were abolished and transferred to the Foreign Claims Settlement
    Commission by Reorganization Plan No. 1, 1954. Public Law 89-348 (79
    Stat. 1310) modified this reporting requirement from semiannual to
    annual submission.
        Subsequently, sec. 1 of Public Law 106-197 (114 Stat. 246) provided
    that:
        ``Section 3003(a)(1) of the Federal Reports Elimination and Sunset
    Act of 1995 (31 U.S.C. 1113 note) does not apply to any report required
    to be submitted under any of the following provisions of law: * * *
    ---------------------------------------------------------------------------

      ``(8) Section 3 of the International Claims Settlement Act of 1949 (22
    U.S.C. 1622).''.
    ---------------------------------------------------------------------------

        \7\ H.R. 6200 is the Supplemental Appropriation Act, 1954, Act of
    August 7, 1953 (67 Stat. 418).
    ---------------------------------------------------------------------------
        Sec. 4.\8\ (a)(1) The Commission shall have jurisdiction to
    receive, examine, adjudicate, and render a final decision with
    respect to any claim of the Government of the United States or
    of any national of the United States--
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 1623. Sec. 2211 of Division G of the Omnibus
    Consolidated and Emergency Supplemental Appropriations Act, 1999
    (Public Law 105-277; 112 Stat. 2681-812) struck out ``(a) The'' at the
    beginning of sec. 4 and inserted in lieu thereof para. (a)(1). Sec.
    2211 further redesignated the second sentence of subsec. (a) as para.
    (2) and redesignated paras. (1) and (2) as subparas. (A) and (B).
    ---------------------------------------------------------------------------
              (A) included within the terms of the Yugoslav Claims
            Agreement of 1948;
              (B) included within the terms of any claims agreement
            concluded on or after March 10, 1954, between the
            Government of the United States and a foreign
            government (exclusive of governments against which the
            United States declared the existence of a state of war
            during World War II) similarly providing for the
            settlement and discharge of claims of the Government of
            the United States and of nationals of the United States
            against a foreign government, arising out of the
            nationalization or other taking of property, by the
            agreement of the Government of the United States to
            accept from that government a sum in en bloc settlement
            thereof; or
              (C) included in a category of claims against a
            foreign government which is referred to the Commission
            by the Secretary of State.
        (2) \8\ In the decision of claims under this Title, the
    Commission shall apply the following in the following order:
              (A) \8\ The provisions of the applicable claims
            agreement as provided in this subsection.
              (B) \8\ the applicable principles of international
            law, justice, and equity. In determining the value of a
            claim under international law, the Commission shall
            award the fair market value of the property as of the
            time of the taking by the foreign government involved
            (without regard to any action or event that occurs
            after the taking), except that the value of the claim
            shall not reflect any diminution in value attributable
            to actions which are carried out, or threats of action
            which are made, by the foreign government with respect
            to the property before the taking. Fair market value
            shall be ascertained in accordance with the method most
            appropriate to the property taken and equitable to the
            claimant, including--
                      (i) market value of outstanding equity
                    securities;
                      (ii) replacement value;
                      (iii) going-concern value (which includes
                    consideration of an enterprise's
                    profitability); and
                      (iv) book value.
            In the case of any claim for losses in a service
            industry, the appropriate basis of valuation shall be
            presumed to be that referred to in clause (iii). For
            purposes of the preceding sentence, the term
            ``service'' means economic activity the output of which
            is other than tangible goods.\9\
    ---------------------------------------------------------------------------
        \9\ Sec. 1(a) of Public Law 99-451 (100 Stat. 1138) added the text
    to this point beginning with ``In determining the value of a claim . .
    . ''.
    ---------------------------------------------------------------------------
        (b) The Commission shall give public notice of the time
    when, and the limit of time within which, claims may be filed,
    which notice shall be published in the Federal Register. In
    addition, the Commission is authorized and directed to mail a
    similar notice to the last-known address of each person
    appearing in the records of the Department of State as having
    indicated an intention of filing a claim with respect to a
    matter concerning which the Commission has jurisdiction under
    this Title. All decisions shall be upon such evidence and
    written legal contentions as may be presented within such
    period as may be prescribed therefor by the Commission, and
    upon the results of any independent investigation of cases
    which the Commission may deem it advisable to make. Each
    decision by the Commission pursuant to this Title shall be by
    majority vote, and shall state the reason for such decision,
    and shall constitute a full and final disposition of the case
    in which the decision is rendered.
        (c) Any member of the Commission, or any employee of the
    Commission, designated in writing by the Chairman of the
    Commission, may administer oaths and examine witnesses. Any
    member of the Commission may require by subpena the attendance
    and testimony of witnesses, and the production of all necessary
    books, papers, documents, records, correspondence, and other
    evidence, from any place in the United States at any designated
    place of inquiry or of hearing. The Commission is authorized to
    contract for the reporting of inquiries or of hearings.
    Witnesses summoned before the Commission shall be paid the same
    fee and mileage that are paid witnesses in the courts of the
    United States. In case of disobedience to a subpena, the aid of
    any district court of the United States, as constituted by
    chapter 5 of title 28, United States Code (28 U.S.C. 81 and the
    following), and the United States court of any Territory or
    other place subject to the jurisdiction of the United States
    may be invoked in requiring the attendance and testimony of
    witnesses and the production of such books, papers, documents,
    records, correspondence, and other evidence. Any such court
    within the jurisdiction of which the inquiry or hearing is
    carried on may, in case of contumacy or refusal to obey a
    subpena issued to any person, issue an order requiring such
    person to appear or to give evidence touching the matter in
    question; and any failure to obey such order of the court may
    be punished by such court as a contempt thereof.
        (d) The Commission may order testimony to be taken by
    deposition in any inquiry or hearing pending before it at any
    stage of such proceeding or hearing. Such depositions may be
    taken, under such regulations as the Commission may prescribe,
    before any person designated by the Commission and having power
    to administer oaths. Any person may be compelled to appear and
    depose, and to produce books, papers, documents, records,
    correspondence, and other evidence in the same way as witnesses
    may be compelled to appear and testify and produce documentary
    evidence before the Commission, as hereinabove provided. If a
    witness whose testimony may be desired to be taken by
    deposition be in a foreign country, the deposition may be
    taken, provided the laws of the foreign country so permit, by a
    consular officer, or by an officer or employee of the
    Commission, or other person commissioned by the Commission, or
    under letter rogatory issued by the Commission. Witnesses whose
    depositions are taken as authorized in this subsection, and the
    persons taking the same, shall severally be entitled to the
    same fees as are paid for like services in the courts of the
    United States.
        (e) In addition to the penalties provided in title 18,
    United States Code, section 1001, any person guilty of any act,
    as provided therein, with respect to any matter under this
    Title, shall forfeit all rights under this Title, and, if
    payment shall have been made or granted, the Commission shall
    take such action as may be necessary to recover the same.
        (f) \10\ No remuneration on account of services rendered on
    behalf of any claimant in connection with any claim filed with
    the Commission under this title shall exceed 10 per centum of
    the total amount paid pursuant to any award certified under the
    provisions of this title, on account of such claim. Any
    agreement to the contrary shall be unlawful and void. Whoever,
    in the United States or elsewhere, demands or receives, on
    account of services so rendered, any remuneration in excess of
    the maximum permitted by this section, shall be fined not more
    than $5,000 or imprisoned not more than twelve months, or both.
    ---------------------------------------------------------------------------
        \10\ Sec. 1 of Public Law 90-421 (82 Stat. 420) amended subsec.
    (f), which previously read as follows:
        ``(f) In connection with any claim decided by the Commission
    pursuant to this Title in which an award is made, the Commission may,
    upon the written request of the claimant or any attorney heretofore or
    hereafter employed by such claimant, determine and apportion the just
    and reasonable attorney's fees for services rendered with respect to
    such claim, but the total amount of the fees so determined in any case
    shall not exceed 10 per centum of the total amount paid pursuant to the
    award. Written evidence that the claimant and any such attorney have
    agreed to the amount of the attorney's fees shall be conclusive upon
    the Commission: Provided, however, That the total amount of the fees so
    agreed upon does not exceed 10 per centum of the total amount paid
    pursuant to the award. Any fee so determined shall be entered as a part
    of such award, and payment thereof shall be made by the Secretary of
    the Treasury by deducting the amount thereof from the total amount paid
    pursuant to the award. Any agreement to the contrary shall be unlawful
    and void. The Commission is authorized and directed to mail to each
    claimant in proceedings before the Commission notice of the provisions
    of this subsection. Whoever, in the United States or elsewhere, pays or
    offers to pay, or promises to pay, or receives on account of services
    rendered or to be rendered in connection with any such claim,
    compensation which, when added to any amount previously paid on account
    of such services, will exceed the amount of fees so determined by the
    Commission, shall be guilty of a misdemeanor, and, upon conviction
    thereof, shall be fined not more than $5,000 or imprisoned not more
    than twelve months, or both, and if any such payment shall have been
    made or granted, the Commission shall take such action as may be
    necessary to recover the same, and, in addition thereof, any such
    person shall forfeit all rights under this title.''.
    ---------------------------------------------------------------------------
        (g) The Attorney General shall assign such officers and
    employees of the Department of Justice as may be necessary to
    represent the United States as to any claims of the Government
    of the United States with respect to which the Commission has
    jurisdiction under this title. Any and all payments required to
    be made by the Secretary of the Treasury under this title
    pursuant to any award made by the Commission to the Government
    of the United States shall be covered into the Treasury to the
    credit of miscellaneous receipts.
        (h) The Commission shall notify all claimants of the
    approval or denial of their claims, stating the reasons and
    grounds therefor, and, if approved, shall notify such claimants
    of the amount for which such claims are approved. Any claimant
    whose claim is denied, or is approved for less than the full
    amount of such claim, shall be entitled, under such regulations
    as the Commission may prescribe, to a hearing before the
    Commission, or its duly authorized representatives, with
    respect to such claim. Upon such hearing, the Commission may
    affirm, modify, or revise its former action with respect to
    such claim, including a denial or reduction in the amount
    theretofore allowed with respect to such claim. The action of
    the Commission in allowing or denying any claim under this
    title shall be final and conclusive of all questions of law and
    fact and not subject to review by the Secretary of State or any
    other official, department, agency, or establishment of the
    United States or by any court by mandamus or otherwise.
        (i) The Commission may in its discretion enter an award
    with respect to one or more items deemed to have been clearly
    established in an individual claim while deferring
    consideration and action on other items of the same claim.
        (j) The Commission shall comply with the provisions of the
    Administrative Procedure Act of 1946 except as otherwise
    specifically provided by this title.
        (k) \11\ In exercising authority granted after the date of
    the enactment of this subsection under this or any other Act,
    the Commission, in determining the value of claims of the
    Government of the United States or of nationals of the United
    States (as defined in this Act or such other Act) against any
    foreign government for losses arising from the nationalization
    or other taking of property, shall comply with the principles
    set forth in subsection (a)(2) of this section.
    ---------------------------------------------------------------------------
        \11\ Public Law 99-451 (100 Stat. 1138) added subsec. (k).
    ---------------------------------------------------------------------------
        Sec. 5.\12\ The Commission shall, as soon as possible, and
    in the order of the making of such awards, certify to the
    Secretary of the Treasury and to the Secretary of State copies
    of the awards made in favor of the Government of the United
    States or of nationals of the United States under this Title.
    The Commission shall certify to the Secretary of State, upon
    his request, copies of the formal submissions of claims filed
    pursuant to subsection (b) of section 4 of this Act for
    transmission to the foreign government concerned.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 1624.
    ---------------------------------------------------------------------------
        Sec. 6.\13\ The Commission shall complete its affairs in
    connection with settlement of United States-Yugoslav claims
    arising under the Yugoslav Claims Agreement of 1948 not later
    than December 31, 1954; \14\ Provided, That nothing in this
    provision shall be construed to limit the life of the
    Commission, or its authority to act on future agreements which
    may be affected under the provisions of this legislation.
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 1625.
        \14\ Public Law 83-242 (67 Stat. 506) struck out ``not more than
    four years following enactment of this Act;'' and inserted in lieu
    thereof ``December 31, 1954;''.
    ---------------------------------------------------------------------------
        Sec. 7.\15\ (a) Subject to the limitations hereinafter
    provided, the Secretary of the Treasury is authorized and
    directed to pay, as prescribed by section 8 of this Title, an
    amount not exceeding the principal of each award, plus accrued
    interests on such awards as bear interest, certified pursuant
    to section 5 of this Title, in accordance with the award. Such
    payments, and applications for such payments, shall be made in
    accordance with such regulations as the Secretary of the
    Treasury may prescribe.
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 1626.
    ---------------------------------------------------------------------------
        (b) \16\ (1) There shall be deducted from the amount of
    each payment made pursuant to subsection (c) of section 8, as
    reimbursement for the expenses incurred by the United States,
    an amount equal to 5 \17\ per centum of such payment. All
    amounts so deducted shall be covered into the Treasury to the
    credit of miscellaneous receipts.
    ---------------------------------------------------------------------------
        \16\ Sec. 2 of Public Law 90-421 (82 Stat. 420) inserted ``(1)''
    after the subsection letter and added a new para. (2).
        \17\ Public Law 83-242 (67 Stat. 506) struck out ``3'' and inserted
    in lieu thereof ``5''.
    ---------------------------------------------------------------------------
        (2) \16\ The Secretary of the Treasury shall deduct from
    any amounts covered, subsequent to the date of enactment of
    this paragraph, into any special fund, created pursuant to
    section 8, 5 per centum thereof as reimbursement to the
    Government of the United States for expenses incurred by the
    Commission and by the Treasury Department in the administration
    of this Title. The amounts so deducted shall be covered into
    the Treasury to the credit of miscellaneous receipts.
        (c) Payments made pursuant to this Title shall be made only
    to the person or persons on behalf of whom the award is made,
    except that--
              (1) \18\ if any person to whom any payment is to be
            made pursuant to this title is deceased or is under a
            legal disability, payment shall be made to his legal
            representative, except that if any payment to be made
            is not over $1,000 and there is no qualified executor
            or administrator, payment may be made to the person or
            persons found by the Secretary of the Treasury \19\ to
            be entitled thereto, without the necessity of
            compliance with the requirement of law with respect to
            the administration of estates;
    ---------------------------------------------------------------------------
        \18\ Sec. 3 of Public Law 90-421 (82 Stat. 420) amended para. (1),
    which previously read as follows:
        ``(1) if such person is deceased or is under a legal disability,
    payment shall be made to his legal representative: Provided, That if
    the total award is not over $500 and there is no qualified executor or
    administrator, payment may be made to the person or persons found by
    the Comptroller General of the United States to be entitled thereto,
    without the necessity of compliance with the requirements of law with
    respect to the administration of estates;''.
        \19\ Sec. 202(h)(1)(A) of Public Law 104-316 (110 Stat. 3842)
    struck out ``Comptroller General'' and inserted in lieu thereof
    ``Secretary of the Treasury''.
    ---------------------------------------------------------------------------
              (2) in the case of a partnership or corporation, the
            existence of which has been terminated and on behalf of
            which an award is made, payment shall be made, except
            as provided in paragraphs (3) and (4), to the person or
            persons found by the Secretary of the Treasury \20\ to
            be entitled thereto;
    ---------------------------------------------------------------------------
        \20\ Sec. 202(h)(1)(B) of Public Law 104-316 (110 Stat. 3842)
    struck out ``Comptroller General of the United States'' and inserted in
    lieu thereof ``Secretary of the Treasury''.
    ---------------------------------------------------------------------------
              (3) if a receiver or trustee for any such partnership
            or corporation has been duly appointed by a court of
            competent jurisdiction in the United States and has not
            been discharged prior to the date of payment, payment
            shall be made to such receiver or trustee in accordance
            with the order of the court;
              (4) if a receiver or trustee for any such partnership
            or corporation, duly appointed by a court of competent
            jurisdiction in the United States, makes an assignment
            of the claim, or any part thereof, with respect to
            which an award is made, or makes an assignment of such
            award, or any part thereof, payment shall be made to
            the assignee, as his interest may appear; and
              (5) in the case of any assignment of an award, or any
            part thereof, which is made in writing and duly
            acknowledged and filed, after such award is certified
            to the Secretary of the Treasury, payment may, in the
            discretion of the Secretary of the Treasury, be made to
            the assignee, as his interest may appear.
        (d) Whenever the Secretary of the Treasury,\21\ shall find
    that any person is entitled to any such payment, after such
    payment shall have been received by such person, it shall be an
    absolute bar to recovery by any other person against the United
    States, its officers, agents or employees with respect to such
    payment.
    ---------------------------------------------------------------------------
        \21\ Sec. 202(h)(2) of Public Law 104-316 (110 Stat. 3842) struck
    out ``, or the Comptroller General of the United States, as the case
    may be'' after ``Secretary of the Treasury''.
    ---------------------------------------------------------------------------
        (e) Any person who makes application for any such payment
    shall be held to have consented to all the provisions of this
    Title.
        (f) Nothing in this Title shall be construed as the
    assumption of any liability by the United States for the
    payment or satisfaction, in whole or in part, of any claim on
    behalf of any national of the United States against any foreign
    government.
        Sec. 8.\22\ (a) There are hereby created in the Treasury of
    the United States (1) a special fund to be known as the
    Yugoslav Claims Fund; and (2) such other special funds as may,
    in the discretion of the Secretary of the Treasury, be
    required, each to be a claims fund to be known by the name of
    the foreign government which has entered into a settlement
    agreement with the Government of the United States as described
    in subsection (a) of section 4 of this Title. There shall be
    covered into the Treasury to the credit of the proper special
    fund all funds hereinafter specified. All payments authorized
    under section 7 of this Title shall be disbursed from the
    proper fund, as the case may be, and all amounts covered into
    the Treasury to the credit of the aforesaid funds are hereby
    permanently appropriated for the making of the payments
    authorized by section 7 of this Title.
    ---------------------------------------------------------------------------
        \22\ 22 U.S.C. 1627.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury is authorized and
    directed to cover into--
              (1) the Yugoslav Claims Fund the sum of $17,000,000
            being the amount paid by the Government of the Federal
            People's Republic of Yugoslavia pursuant to the
            Yugoslav Claims Agreement of 1948;
              (2) a special fund created for that purpose pursuant
            to subsection (a) of this section any amounts hereafter
            paid in United States dollars, by a foreign government
            which has entered into a claims settlement agreement
            with the Government of the United States as described
            in subsection (a) of section 4 of this Title.
        (c) \23\ The Secretary of the Treasury is authorized and
    directed out of the sums covered, prior to the date of
    enactment of subsection (e) of this section, into any of the
    funds pursuant to subsection (b) of this section, and after
    making the deduction provided for in section 7(b)(1) of this
    Title--
    ---------------------------------------------------------------------------
        \23\ Sec. 4 of Public Law 90-421 (82 Stat. 420) amended subsec.
    (c), which previously read as follows:
        ``The Secretary of the Treasury is authorized and directed out of
    the sums covered into any of the funds pursuant to subsection (b) of
    this section, and after making the deduction provided for in section
    7(b) of this Title--''.
    ---------------------------------------------------------------------------
              (1) to make payments in full of the principal of
            awards of $1,000 or less, certified pursuant to section
            5 of this Title;
              (2) to make payments of $1,000 on the principal of
            each award of more than $1,000 in principal amount,
            certified pursuant to section 5 of this Title;
              (3) to make additional payment of not to exceed 25
            per centum of the unpaid principal of awards in the
            principal amount of more than $1,000;
              (4) after completing the payments prescribed by
            paragraphs (2) and (3) of this subsection, to make
            payments, from time to time in ratable proportions, on
            account of the unpaid principal of all awards in the
            principal amount of more than $1,000, according to the
            proportions which the unpaid principal of such awards
            bear to the total amount in the fund available for
            distribution at the time such payments are made; and
              (5) after payment has been made of the principal
            amounts of all such awards, to make pro rata payments
            on account of accrued interest on such awards as bear
            interest.
        (d) The Secretary of the Treasury, upon the concurrence of
    the Secretary of State, is authorized and directed, out of the
    sum covered into the Yugoslav Claims Fund pursuant to
    subsection (b) of this section, after completing the payments
    of such funds pursuant to subsection (c) of this section, to
    make payment of the balance of any sum remaining in such fund
    of the Government of the Federal People's Republic of
    Yugoslavia to the extent required under article 1(c) of the
    Yugoslav Claims Agreement of 1948. The Secretary of State shall
    certify to the Secretary of the Treasury the total cost of
    adjudication, not borne by the claimants, attributable to the
    Yugoslav Claims Agreement of 1948. Such certification shall be
    final and conclusive and shall not be subject to review by any
    other official or department, agency, or establishment of the
    United States.
        (e) \24\ Except as provided in subsection (f),\25\ the
    Secretary of the Treasury is authorized and directed out of
    sums covered, subsequent to the date of enactment of this
    subsection, into any special fund created pursuant to this
    section to make payment on account of awards certified by the
    Commission pursuant to this title with respect to claims
    included within the terms of a claims settlement agreement
    concluded between the Government of the United States and a
    foreign government as described in subsection (a) of section 4
    of this title, as follows and in the following order of
    priority:
    ---------------------------------------------------------------------------
        \24\ Sec. 5 of Public Law 90-421 (82 Stat. 420) added subsec. (e).
        \25\ Sec. 1(1) of Public Law 96-445 (94 Stat. 1891) inserted
    ``Except as provided in subsection (f),''.
    ---------------------------------------------------------------------------
              (1) Payment in the amount of $1,000 or the principal
            amount of the award, whichever is less;
              (2) Thereafter, payments from time to time on account
            of the unpaid principal balance of each remaining award
            which shall bear to such unpaid principal balance the
            same proportion as the total amount available for
            distribution at the time such payments are made bears
            to the aggregate unpaid principal balance of all such
            awards; and
              (3) Thereafter, payments from time to time on account
            of the unpaid balance of each award of interest which
            shall bear to such unpaid balance of interest, the same
            proportion as the total amount available for
            distribution at the time such payments are made bears
            to the aggregate unpaid balance of interest of all such
            awards.
        (f) \26\ (1) Out of sums covered after May 11, 1979, into
    the special fund created pursuant to this section to receive
    funds paid by the People's Republic of China, the Secretary of
    the Treasury is authorized and directed to make payments on
    account of awards certified by the Commission pursuant to title
    V with respect to claims included within the terms of the
    Agreement Between the Government of the United States of
    America and the Government of the People's Republic of China
    Concerning the Settlement of Claims, signed on May 11, 1979, in
    the following order of priority:
    ---------------------------------------------------------------------------
        \26\ Sec. 1(2) of Public Law 96-445 (94 Stat. 1891) added subsec.
    (f).
    ---------------------------------------------------------------------------
              (A) Payment in the amount of $1,000 or the principal
            amount of the award, whichever is less.
              (B) Thereafter, except as provided in paragraph (2),
            to the extent there remain unpaid principal balances on
            awards, payments from time to time on account of the
            unpaid principal balance of each remaining award which
            bear to such unpaid principal balance the same
            proportion as the total amount available for
            distribution at the time such payments are made bears
            to the aggregate unpaid principal balance of all such
            awards.
              (C) Thereafter, payments from time to time on account
            of the unpaid balance of each award of interest which
            bear to such unpaid balance of interest the same
            proportion as the total amount available for
            distribution at the time such payments are made bears
            to the aggregate unpaid balance of interest of all such
            awards.
        (2)(A) For the purpose of computing the payments to be made
    under paragraph (1) to any claimant which was an incorporated
    business enterprise on the date of nationalization or other
    taking of property, the award certified by the Commission under
    title V shall be reduced by the amount of Federal tax benefits
    derived by such claimant on account of the losses upon which
    such claim was based, but in no case shall payments be reduced
    below the amount paid to such claimant on account of such claim
    before the date of the enactment of this subsection. For
    purposes of this subparagraph, such Federal tax benefits shall
    be the amount by which the claimant's taxes in any prior
    taxable year or years under chapters 1, 2A, 2B, 2D, and 2E of
    the Internal Revenue Code of 1939, or subtitle A of the
    Internal Revenue Code of 1954, were decreased with respect to
    the loss or losses upon which the claim was based. The sum of
    the amounts which would otherwise be payable but for this
    paragraph which are not paid to any such claimant shall be
    aggregated, and the Secretary of the Treasury is authorized and
    directed to make payments out of such aggregated sums in
    accordance with subparagraph (B).
        (B) To the extent that there remain unpaid principal
    balances on awards to claimants which were, on the date of
    nationalization or other taking of property, nonprofit
    organizations operated exclusively for the promotion of social
    welfare, religious, charitable, or educational purposes (after
    payments made to such nonprofit organizations pursuant to
    subparagraphs (A) and (B) of paragraph (1) are taken into
    account), the Secretary of the Treasury is authorized and
    directed to make payments from time to time on account of the
    unpaid principal balance of each remaining award to such
    nonprofit organizations which bear to such unpaid principal
    balance the same proportion as the total sums aggregated
    pursuant to subparagraph (A) at the times such payments are
    made bear to the aggregate unpaid principal balance of all such
    awards to nonprofit organizations.
        (g) \27\ The Secretary of the Treasury is authorized and
    directed to invest the amounts held respectively in the
    ``special funds'' established by this section in public debt
    securities with maturities suitable for the needs of the
    separate accounts and bearing interest at rates determined by
    the Secretary, taking into consideration the average market
    yield on outstanding marketable obligations of the United
    States of comparable maturities. The interest earned on the
    amounts in each special fund shall be used to make payments, in
    accordance with subsection (c), on awards payable from that
    special fund.
    ---------------------------------------------------------------------------
        \27\ Sec. 142 of Public Law 100-204 (101 Stat. 1350) added subsec.
    (g).
    ---------------------------------------------------------------------------
        Sec. 9.\28\ There is hereby authorized to be appropriated,
    out of any money in the Treasury not otherwise appropriated,
    such sums as may be necessary to enable the Commission to carry
    out its functions under this Title.
    ---------------------------------------------------------------------------
        \28\ 22 U.S.C. 1621 note.
    ---------------------------------------------------------------------------

                                 TITLE II \29\

     vesting and liquidation of bulgarian, hungarian, and rumanian property

        Sec. 201.\30\ As used in this title the term--
    ---------------------------------------------------------------------------
        \29\ Sec. 3 of Public Law 84-285 (69 Stat. 562) added Title II.
        \30\ 22 U.S.C. 1631. Sec. 3 of Public Law 84-285 (69 Stat. 562)
    added sec. 201.
    ---------------------------------------------------------------------------
        (1) ``Person'' means a natural person, partnership,
    association, other unincorporated body, corporation, or body
    politic.
        (2) ``Property'' means any property, right, or interest.
        (3) ``Treaty of peace,'' with respect to a country, means
    the treaty of peace with that country signed at Paris, France,
    February 10, 1947, which came into force between that country
    and the United States on September 15, 1947.
        Sec. 202.\31\ (a) In accordance with article 25 of the
    treaty of peace with Bulgaria, article 29 of the treaty of
    peace with Hungary, and article 27 of the treaty of peace with
    Rumania, any property which was blocked in accordance with
    Executive Order 8389 of April 10, 1940, as amended, and remains
    blocked on the effective date of this title, and which, as of
    September 15, 1947, was owned directly or indirectly by
    Bulgaria, Hungary, and Rumania or by any national thereof as
    defined in such Executive order, shall vest in such officer or
    agency as the President may from time to time designate and
    shall vest when, as, and upon such terms as the President or
    his designee shall direct. Such property shall be sold or
    otherwise liquidated as expeditiously as possible after vesting
    under such rules and regulations as the President or his
    designee may prescribe. The net proceeds remaining upon
    completion of the administration and liquidation thereof,
    including the adjudication of any suits or claims with respect
    thereto under sections 207 and 208, shall be covered into the
    Treasury. Notwithstanding the preceding provisions of this
    subsection, any such property determined by the President or
    his designee to be owned directly by a natural person shall not
    be vested under this subsection but shall remain blocked
    subject to release, when, as, and upon such terms as the
    President or his designee may prescribe. If, at any time within
    one year from the date of the vesting of any property under
    this subsection, the President or his designee shall determine
    that it was directly owned at the date of vesting by a natural
    person, then the President or his designee shall divest such
    property and restore it to its blocked status prior to vesting,
    subject to release when, as, and upon such terms as the
    President or his designee may prescribe, or if such property
    has been liquidated, shall divest the net proceeds thereof and
    carry them in blocked accounts with the Treasury, bearing no
    interest, in the name of the owner thereof at the date of
    vesting, subject to release when, as, and upon such terms as
    the President or his designee may prescribe.
    ---------------------------------------------------------------------------
        \31\ 22 U.S.C. 1631a. Sec. 3 of Public Law 84-285 (69 Stat. 562)
    added sec. 202.
    ---------------------------------------------------------------------------
        (b) The net proceeds of any property which was vested in
    the Alien Property Custodian or the Attorney General after
    December 17, 1941, pursuant to the Trading With the Enemy Act,
    as amended,\32\ and which at the date of vesting was owned
    directly or indirectly by Bulgaria, Hungary, or Rumania, or any
    national thereof, shall after completion of the administration,
    liquidation, and disposition of such property pursuant to such
    Act, including the adjudication of any suits or claims with
    respect thereto under such Act, be covered into the Treasury,
    except that the net proceeds of any such property which the
    President or his designee shall determine was directly owned by
    a natural person at the date of vesting shall be divested by
    the President or such officer or agency as he may designate and
    carried in blocked accounts with the Treasury, bearing no
    interest, in the name of the owner thereof at the date of
    vesting, subject to release when, as, and upon such terms as
    the President or his designee may prescribe.
    ---------------------------------------------------------------------------
        \32\ 40 Stat. 411; 50 U.S.C. App. 1.
    ---------------------------------------------------------------------------
        (c) The determination under this section that any vested
    property was not directly owned by a natural person at the date
    of vesting shall be within the sole discretion of the President
    or his designee and shall not be subject to review by any
    court.
        (d) The President or his designee may require any person to
    furnish, in the form of reports or otherwise, complete
    information, including information with regard to past
    transactions, relative to any property blocked under Executive
    Order 8389 of April 10, 1940, as amended,\33\ or as may be
    otherwise necessary to enforce the provisions of this section;
    and the President or his designee may require of any person the
    production of any books of account, records, contracts,
    letters, memoranda, or other papers relative to such property
    or as may be otherwise necessary to enforce the provisions of
    this section.
    ---------------------------------------------------------------------------
        \33\ 5 F.R. 1400; 3 CFR, Cum. Supp., page 645.
    ---------------------------------------------------------------------------
        Sec. 203.\34\ Whenever shares of stock or other beneficial
    interest in any corporation, association, or company or trust
    are vested in any officer or agency designated by the President
    under this title, it shall be the duty of the corporation,
    association, or company or trustee or trustees issuing such
    shares or any certificates or other instruments representing
    the same or any other beneficial interest to cancel such shares
    of stock or other beneficial interest upon its, his, or their
    books and in lieu thereof to issue certificates or other
    instruments for such shares or other beneficial interest to the
    designee of the President, or otherwise as such designee shall
    require.
    ---------------------------------------------------------------------------
        \34\ 22 U.S.C. 1631b. Sec. 3 of Public Law 84-285 (69 Stat. 562)
    added sec. 203.
    ---------------------------------------------------------------------------
        Sec. 204.\35\ 1Any vesting order, or other order or
    requirement issued pursuant to this title, or a duly certified
    copy thereof, may be filed, registered, or recorded in any
    office for the filing, registering, or recording of
    conveyances, transfers, or assignments of such property as may
    be covered by such order or requirement; and if so filed,
    registered, or recorded shall impart the same notice and have
    the same force and effect as a duly executed conveyance,
    transfer, or assignment so filed, registered, or recorded.
    ---------------------------------------------------------------------------
        \35\ 22 U.S.C. 1631c. Sec. 3 of Public Law 84-285 (69 Stat. 562)
    added sec. 204.
    ---------------------------------------------------------------------------
        Sec. 205.\36\ Any payment, conveyance, transfer,
    assignment, or delivery of property made to the President or
    his designee pursuant to this title, or any rule, regulation,
    instruction, or direction issued under this title, shall to the
    extent thereof be a full acquittance and discharge for all
    purposes of the obligation of the person making the same; and
    no person shall be held liable in any court for or in respect
    of any such payment, conveyance, transfer, assignment, or
    delivery made in good faith in pursuance of and in reliance on
    the provisions of this title, or of any rule, regulation,
    instruction, or direction issued thereunder.
    ---------------------------------------------------------------------------
        \36\ 22 U.S.C. 1631d. Sec. 3 of Public Law 84-285 (69 Stat. 562)
    added sec. 205.
    ---------------------------------------------------------------------------
        Sec. 206.\37\ The district courts of the United States are
    given jurisdiction to make and enter all such rules as to
    notice and otherwise, and all such orders and decrees, and to
    issue such process as may be necessary and proper in the
    premises to enforce the provisions of this title, with a right
    of appeal from the final order of decree of such court as
    provided in chapter 83 \38\ of title 28, United States Code.
    ---------------------------------------------------------------------------
        \37\ 22 U.S.C. 1631e. Sec. 3 of Public Law 84-285 (69 Stat. 562)
    added sec. 206.
        \38\ Sec. 6(g) of Public Law 100-352 (102 Stat. 664) struck out
    ``sections 1252, 1254, 1291, and 1292'' and inserted in lieu thereof
    ``chapter 83''.
    ---------------------------------------------------------------------------
        Sec. 207.\39\ (a) Any person who has not filed a notice of
    claim under subsection (b) of this section may institute a suit
    in equity for the return of any property, or the net proceeds
    thereof, vested in a designee of the President pursuant to
    section 202(a) and held by such designee. Such suit, to which
    said designee shall be made a party defendant, shall be
    instituted in the District Court of the United States for the
    District of Columbia or in the district court of the United
    States for the district in which the claimant resides, or, if a
    corporation, where it has its principal place of business, by
    the filing of a complaint which alleges--
    ---------------------------------------------------------------------------
        \39\ 22 U.S.C. 1631f. Sec. 3 of Public Law 84-285 (69 Stat. 562)
    added sec. 207.
    ---------------------------------------------------------------------------
              (1) that the claimant is a person other than
            Bulgaria, Hungary, or Rumania, or a national thereof as
            defined in Executive Order 8389 of April 10, 1940, as
            amended; \40\ and
    ---------------------------------------------------------------------------
        \40\ 5 F.R. 1400; 3 CFR, Cum. Supp., page 645.
    ---------------------------------------------------------------------------
              (2) that the claimant was the owner of such property
            immediately prior to its vesting, or is the successor
            in interest of such owner by inheritance, devise, or
            bequest.
    If the court finds in favor of the claimant, it shall order the
    payment, conveyance, transfer, assignment, or delivery to said
    claimant of such property, or the net proceeds thereof, held by
    said designee or the portion thereof to which the court shall
    determine said claimant is entitled. If suit shall be so
    instituted, then such property, or, if liquidated, the net
    proceeds thereof, shall be retained in the custody of said
    designee until any final judgment or decree which shall be
    entered in favor of the claimant shall be fully satisfied, or
    until final judgment or decree shall be entered against the
    claimant or suit otherwise terminated.
        (b) Any person who has not instituted a suit under the
    provisions of subsection (a) of this section may file a notice
    of claim under oath for the return of any property, or the net
    proceeds thereof, vested in a designee of the President
    pursuant to section 202(a) and held by such designee. Such
    notice of claim shall be filed with said designee and in such
    form and containing such particulars as said designee shall
    require. Said designee may return any property so claimed, or
    the net proceeds thereof, whenever he shall determine--
              (1) that the claimant is a person other than
            Bulgaria, Hungary, or Rumania, or a national thereof as
            defined in Executive Order 8389 of April 10, 1940, as
            amended; and
              (2) that the claimant was the owner of such property
            immediately prior to its vesting, or is the successor
            in interest of such owner by inheritance, devise, or
            bequest.
    Any person whose claim is finally denied in whole or in part by
    said designee may obtain review of such denial by filing a
    petition therefor in the United States Court of Appeals for the
    District of Columbia Circuit. Such petition for review must be
    filed within sixty days after the date of mailing of the final
    order of denial by said designee and a copy shall forthwith be
    transmitted to the said designee by the clerk of the court.
    Within forty-five days after receipt of such petition for
    review, or within such further time as the court may grant for
    good cause shown, said designee shall file an answer thereto,
    and shall file with the court the record of the proceedings
    with respect to such claim as provided in section 2112 of title
    28, United States Code.\41\ The court may enter judgment
    affirming the order of the designee; or, upon finding that such
    order is not in accordance with law or that any material
    findings upon which such order is based are unsupported by
    substantial evidence, may enter judgment modifying or setting
    aside the order in whole or in part, and (1) directing a return
    of all or part of the property claimed, or (2) remanding the
    claim for further administrative proceedings thereon. If a
    notice of claim is filed under this subsection, the property
    which is the subject of such claim, or if liquidated, the net
    proceeds thereof, shall be retained in the custody of said
    designee until any final order of said designee or any final
    judgment or decree which shall be entered in favor of the
    claimant shall be fully satisfied, or until a final order of
    said designee or a final judgment or decree, shall be entered
    against the claimant, or the claim or suit otherwise
    terminated.
    ---------------------------------------------------------------------------
        \41\ Public Law 85-791 (72 Stat. 951) amended and restated the two
    previous sentences. They previously read as follows:
        ``Such petition for review must be filed within sixty days after
    the date of mailing of the final order of denial by said designee and a
    copy must be served on the said designee. Within forty-five days after
    service of such petition for review, or within such further time as the
    court may grant for good cause shown, said designee shall file an
    answer thereto, and shall certify and file with the court a transcript
    of the entire record of the proceedings with respect to such claim.''.
    ---------------------------------------------------------------------------
        (c) The sole relief and remedy of any person having any
    claim to any property vested pursuant to section 202(a), except
    a person claiming under section 216, shall be that provided by
    the terms of subsections (a) and (b) of this section, and in
    the event of the liquidation by sale or otherwise of such
    property, shall be limited to and enforced against the net
    proceeds received therefrom and held by the designee of the
    President.\42\ The claim of any person based on his ownership
    of shares of stock or other proprietary interest in a
    corporation which was the owner of property at the date of
    vesting thereof under sec. 202(a) shall be allowable under
    subsec. (a) or (b) of this section if 25 per centum or more of
    the outstanding capital stock or other proprietary interest in
    the corporation was owned at such date by nationals of
    countries other than Bulgaria, Hungary, Rumania, Germany, or
    Japan. But no such claim of a national of a foreign country
    shall be satisfied except after certification by the Department
    of State that the country of the national accords protection to
    nationals of the United States in similar types of cases.
    ---------------------------------------------------------------------------
        \42\ Sec. 6 of Public Law 90-421 (82 Stat. 421) amended and
    restated this sentence. It previously read as follows:
        ``The sole relief and remedy of any person having any claim to any
    property vested pursuant to sec. 202(a) shall be that provided by the
    terms of subsec. (a) or (b) of this section, and in any event of the
    liquidation by sale or otherwise of such property, shall be limited to
    and enforced against the net proceeds received therefrom and held by
    the designee of the President.''.
    ---------------------------------------------------------------------------
        (d) the designee of the President may retain or recover
    from any property, or the net proceeds thereof, returned
    pursuant to subsection (a) or (b) of this section an amount not
    exceeding that expended or incurred by him for the
    conservation, preservation, or maintenance of such property or
    proceeds.
        Sec. 208.\43\ (a) Any property vested in the designee of
    the President pursuant to section 202(a), or the net proceeds
    thereof, shall be equitably applied by such designee in
    accordance with this section to the payment of debts owed by
    the person who owned such property immediately prior to its
    vesting in such designee. No debt claim shall be allowed under
    this section--
    ---------------------------------------------------------------------------
        \43\ 22 U.S.C. 1631g. Sec. 3 of Public Law 84-285 (69 Stat. 565)
    added sec. 208.
    ---------------------------------------------------------------------------
              (1) if it is asserted against Bulgaria, Hungary, or
            Rumania (including the government or any political
            subdivisions, agencies, or instrumentalities thereof);
            or
              (2) if it is based upon an obligation expressed or
            payable in any currency other than the currency of the
            United States; or
              (3) if it was not due and owing--
                      (A) on October 9, 1940, in the event the
                    property in respect of which such debt claim is
                    filed was owned immediately prior to vesting by
                    a national of Rumania;
                      (B) on March 4, 1941, in the event the
                    property in respect of which such debt claim is
                    filed was owned immediately prior to vesting by
                    a national of Bulgaria; or
                      (C) on March 13, 1941, in the event that the
                    property in respect of which such debt claim is
                    filed was owned immediately prior to vesting be
                    a national of Hungary.
    Any defense to the payment of such claim which would have been
    available to the debtor shall be available to the designee,
    except that the period from and after December 7, 1941, shall
    not be included for the purpose of determining the
    applicability of any statute of limitations. Debt claims
    allowable under this section shall include only those of
    natural persons who were citizens of the United States at the
    dates their debtors became obligated to them; those of other
    natural persons who are and have been continuously since
    December 7, 1941, residents of the United States; those of
    corporations organized under the laws of the United States of
    any State, Territory, or possession thereof, or the District of
    Columbia; and those acquired by the designee of the President
    under this title. Successors in interest by inheritance,
    devise, bequest, or operation of law of debt claimants, other
    than persons who would themselves be disqualified hereunder
    from allowance of a debt claim, shall be eligible for payment
    to the same extent as their principals or predecessors would
    have been.
        (b) The designee of the President under this title shall
    fix a date or dates after which the filing of debt claims in
    respect of any or all debtors shall be barred, and may extend
    the time so fixed, and shall give at least sixty days' notice
    thereof by publication in the Federal Register. In no event
    shall the time extend beyond the expiration of one year from
    the date of the last vesting in the designee of the President
    of any property of a debtor in respect to whose debts the date
    is fixed. No debt shall be paid prior to expiration of one
    hundred and twenty days after publication of the first such
    notice in respect of the debtor, nor in any event shall any
    payment of a debt claim be made out of any property or proceeds
    in respect of which a suit or proceeding for return pursuant to
    this title is pending.
        (c) The designee shall examine the claims, and such
    evidence in respect thereof as may be presented to him or as he
    may introduce into the record, and shall make a determination,
    with respect to each claim, of allowance or disallowance, in
    whole or in part. The determination of the designee that a
    claim is within either paragraph (1) or (2) of subsection (a)
    of this section shall be final and shall not be subject to
    judicial review, and such claim shall not be considered a debt
    claim for any purpose under this section.
        (d) Payment of debt claims shall be made only out of such
    money included in, or received as net proceeds from the sale,
    use, or other disposition of, any property owned by the debtor
    immediately prior to its vesting in the designee of the
    President, as shall remain after deduction of (1) the amount of
    the expenses of the designee (including both expenses in
    connection with such property or proceeds thereof, and such
    portion as the designee shall fix of his other expenses), and
    of taxes, as defined in section 212, paid by the designee in
    respect to such property or proceeds; and (2) such amount, if
    any, as the designee may establish as a cash reserve for the
    future payment of such expenses and taxes. If the money
    available hereunder for the payment of debt claims against the
    debtor is insufficient for the satisfaction of all claims
    allowed by the designee, ratable payments shall be made in
    accordance with subsection (g) of this section to the extent
    permitted by the money available and additional payments shall
    be made whenever the designee shall determine that substantial
    further money has become available, through liquidation of any
    such property or otherwise. The designee shall not be required,
    through any judgment of any court, levy of execution, or
    otherwise, to sell or liquidate any property vested in him, for
    the purpose of paying or satisfying any debt claim.
        (e) If the aggregate of debt claims filed as prescribed
    does not exceed the money from which, in accordance with
    subsection (d) of this section, payment may be made, the
    designee shall pay each claim to the extent allowed, and shall
    serve by registered mail, on each claimant whose claim is
    disallowed in whole or in part, a notice of such disallowance.
    Within sixty days after the date of mailing of the designee's
    determination, any debt claimant whose claim has been
    disallowed in whole or in part may file in the District Court
    of the United States for the District of Columbia a complaint
    for review of such disallowance naming the designee as
    defendant. Such complaint shall be served on the designee. The
    designee, within forty-five days after service on him, shall
    certify and file in said court a transcript of the record of
    proceedings with respect to the claim in question. Upon good
    cause shown such time may be extended by the court. Such record
    shall include the claim as filed, such evidence with respect
    thereto as may have been presented to the designee or
    introduced into the record by him, and the determination of the
    designee with respect thereto, including any findings made by
    him. The court may, in its discretion, take additional
    evidence, upon a showing that such evidence was offered to and
    excluded by the designee, or could not reasonably have been
    adduced before him or was not available to him. The court shall
    enter judgment affirming, modifying, or reversing the
    designee's determination, and directing payment in the amount,
    if any, which it finds due.
        (f) If the aggregate of debt claims filed as prescribed
    exceeds the money from which, in accordance with subsection (d)
    of this section, payment may be made, the designee shall
    prepare and serve by registered mail on all claimants a
    schedule of all debt claims allowed and the proposed payment to
    each claimant. In preparing such schedule, the designee shall
    assign priorities in accordance with subsection (g) of this
    section. Within sixty days after the date of mailing of such
    schedule, any claimant considering himself aggrieved may file
    in the District Court of the United States for the District of
    Columbia a complaint for review of such schedule, naming the
    designee as defendant. A copy of such complaint shall be served
    upon the designee and on each claimant named in the schedule.
    The designee, within forty-five days after service on him,
    shall certify and file in said court a transcript of the record
    of proceedings with respect to such schedule. Upon good cause
    shown such time may be extended by the court. Such record shall
    include the claims in question as filed, such evidence with
    respect thereto as may have been presented to the designee or
    introduced into the record by him, any findings or other
    determinations made by the designee with respect thereto, and
    the schedule prepared by the designee. The court may, in its
    discretion, take additional evidence, upon a showing that such
    evidence was offered to and excluded by the designee or could
    not reasonably have been adduced before him or was not
    available to him. Any interested debt claimant who has filed a
    claim with the designee pursuant to this section, upon timely
    application to the court, shall be permitted to intervene in
    such review proceedings. The court shall enter judgment
    affirming or modifying the schedule as prepared by the designee
    and directing payment, if any be found due, pursuant to the
    schedule as affirmed or modified and to the extent of the money
    from which, in accordance with subsection (d) of this section,
    payment may be made. Pending the decision of the court on such
    complaint for review, and pending final determination of any
    appeal from such decision, payment may be made only to an
    extent, if any, consistent with the contentions of all
    claimants for review.
        (g) Debt claims shall be paid in the following order of
    priority: (1) Wage and salary claims, not to exceed $600; (2)
    claims entitled to priority under sections 3466 and 3468 of the
    Revised Statutes (31 U.S.C., secs. 191 and 193), except as
    provided in subsection (h) of this section; (3) all other
    claims for services rendered; for expenses incurred in
    connection with such services, for rent, for goods and
    materials delivered to the debtor, and for payments made to the
    debtor for goods or services not received by the claimant; (4)
    all other debt claims. No payment shall be made to claimants
    within a subordinate class unless the money from which, in
    accordance with subsection (d) of this section, payment may be
    made, permits payment in full of all allowed claims in every
    prior class.
        (h) No debt of any kind shall be entitled to priority under
    any law of the United States or any State, Territory, or
    possession thereof, or the District of Columbia, solely by
    reason of becoming a debt due or owing to the United States as
    a result of its acquisition by the designee of the President
    under this title.
        (i) The sole relief and remedy available to any person
    seeking satisfaction of a debt claim out of any property vested
    in the designee under section 202(a), or the proceeds thereof,
    shall be the relief and remedy provided in this section, and
    suits for the satisfaction of debt claims shall not be
    instituted, prosecuted, or further maintained except in
    conformity with this section. No person asserting any interest,
    right, or title in any property or proceeds acquired by the
    designee shall be barred from proceeding pursuant to this title
    for the return thereof, by reason of any proceeding which he
    may have brought pursuant to this section; nor shall any
    security interest asserted by the creditor in any such property
    or proceeds be deemed to have been waived solely by reason of
    such proceeding. Nothing contained in this section shall bar
    any person from the prosecution of any suit at law or in equity
    against the original debtor or against any other person who may
    be liable for the payment of any debt for which a claim might
    have been filed hereunder. No purchaser, lessee, licensee, or
    other transferee of any property from the designee shall,
    solely by reason of such purchase, lease, license, or transfer,
    become liable for the payment of any debt owed by the person
    who owned such property prior to its vesting in the designee.
    Payment by the designee to any debt claimant shall constitute,
    to the extent of payment, a discharge of the indebtedness
    represented by the claim.
        Sec. 209.\44\ The officer or agency designated by the
    President under this title to entertain claims under section
    207(b) and section 208 shall have power to hold such hearings
    as may be deemed necessary; to prescribe rules and regulations
    governing the form and contents of claims, the proof thereof,
    and all other matters related to proceedings on such claims;
    and in connection with such proceedings to issue subpenas,
    administer oaths, and examine witnesses. Such powers, and any
    other powers conferred upon such officer or agency by section
    207(b) and section 208, may be exercised through subordinate
    officers designated by such officer or agency.
    ---------------------------------------------------------------------------
        \44\ 22 U.S.C. 1631h. Sec. 3 of Public Law 84-285 (69 Stat. 568)
    added sec. 209.
    ---------------------------------------------------------------------------
        Sec. 210.\45\ No suit may be instituted pursuant to section
    207(a) after the expiration of one year from the date of
    vesting of the property in respect of which relief is sought.
    No return may be made pursuant to section 207(b) unless notice
    of claim has been filed within one year from the date of
    vesting of the property in respect of which the claim is filed.
    ---------------------------------------------------------------------------
        \45\ 22 U.S.C. 1631i. Sec. 3 of Public Law 84-285 (69 Stat. 568)
    added sec. 210.
    ---------------------------------------------------------------------------
        Sec. 211.\46\ No property or proceeds shall be returned
    under this title, nor shall any payment be made or judgment
    awarded in respect of any property vested in any officer or
    agency designated by the President under this title unless
    satisfactory evidence is furnished to said designee, or the
    court, as the case may be, that the aggregate of the fees to be
    paid to all agents, attorneys at law or in fact, or
    representatives, for services rendered in connection with such
    return or payment or judgment does not exceed 10 per centum of
    the value of such property or proceeds or of such payment. Any
    agent, attorney at law or in fact, or representative, believing
    that the aggregate of the fees should be in excess of such 10
    per centum may, in the case of any return of, or the making of
    any payment in respect of, such property or proceeds by the
    President or such officer or agency as he may designate,
    petition the district court of the United States for the
    district in which he resides for an order authorizing fees in
    excess of 10 per centum and shall name such officer or agency
    as respondent. The court hearing such petition or a court
    awarding any judgment in respect of any such property or
    proceeds, as the case may be, shall approve an aggregate of
    fees in excess of 10 per centum of the value of such property
    or proceeds only upon a finding that there exist special
    circumstances of unusual hardship which require the payment of
    such excess. Any person accepting any fee in excess of an
    amount approved under this section, or retaining for more than
    thirty days any portion of a fee, accepted prior to such
    approval, in excess of the fee as approved, shall be guilty of
    a violation of this title.
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 1631j. Sec. 3 of Public Law 84-285 (69 Stat. 568)
    added sec. 211.
    ---------------------------------------------------------------------------
        Sec. 212.\47\ (a) The vesting in any officer or agency
    designated by the President under this title of any property or
    the receipt by such designee of any earnings, increment, or
    proceeds thereof shall not render inapplicable any Federal,
    State, Territorial, or local tax for any period before or after
    such vesting.
    ---------------------------------------------------------------------------
        \47\ 22 U.S.C. 1631k. Sec. 3 of Public Law 84-285 (69 Stat. 569)
    added sec. 212.
    ---------------------------------------------------------------------------
        (b) The officer or agency designated by the President under
    this title shall, notwithstanding the filing of any claim or
    the institution of any suit under this title, pay any tax
    incident to any such property, or the earnings, increment, or
    proceeds thereof, at the earliest time appearing to him to be
    not contrary to the interest of the United States. The former
    owner shall not be liable for any such tax accruing while such
    property, earnings, increment, or proceeds are held by such
    designee, unless they are returned pursuant to this title
    without payment of such tax by the designee. Every such tax
    shall be paid by the designee to the same extent, as nearly as
    may be deemed practicable, as though the property had not been
    vested, and shall be paid only out of the property, or
    earnings, increment, or proceeds thereof, to which they are
    incident or out of other property acquired from the same former
    owner, or earnings, increment, or proceeds thereof. No tax
    liability may be enforced from any property or the earnings,
    increment, or proceeds thereof while held by the designee
    except with his consent. Where any property is transferred,
    otherwise than pursuant to section 207(a) or 207(b) hereof, the
    designee may transfer the property free and clear of any tax,
    except to the extent of any lien for a tax existing and
    perfected at the date of vesting, and the proceeds of such
    transfer shall, for tax purposes, replace the property in the
    hands of the designee.
        (c) Subject to the provisions of subsection (b) of this
    section, the manner of computing any Federal taxes, including
    without limitation by reason of this enumeration, the
    applicability in such computation of credits, deductions, and
    exemptions to which the former owner is or would be entitled,
    and the time and manner of any payment of such taxes and the
    extent of any compliance by the designee with provisions of
    Federal law and regulations applicable with respect to Federal
    taxes, shall be in accordance with regulations prescribed by
    the Secretary of the Treasury to effectuate this section.
    Statutes of limitations on assessments, collection, refund, or
    credit of Federal taxes shall be suspended with respect to any
    vested property or the earnings, increment, or proceeds
    thereof, while vested and for six months thereafter; but no
    interest shall be paid upon any refund with respect to any
    period during which the statute of limitations is so suspended.
        (d) The word ``tax'' as used in this section shall include,
    without limitation by reason of this enumeration, any property,
    income, excess-profits, war-profits, excise, estate, and
    employment tax, import duty, and special assessment; and also
    any interest, penalty, additional amount, or addition thereto
    not arising from any act, omission, neglect, failure, or delay
    on the part of the designee.
        Sec. 213.\48\ Prior to covering the net proceeds of
    liquidation of any property into the Treasury pursuant to
    section 202(a), the designee of the President under this title
    shall determine--
    ---------------------------------------------------------------------------
        \48\ 22 U.S.C. 1631l. Sec. 3 of Public Law 84-285 (69 Stat. 570)
    added sec. 213.
    ---------------------------------------------------------------------------
              (1) the amount of his administrative expenses
            attributable to the performance of his functions under
            this title with respect to such property and the
            proceeds thereof. The amount so determined, together
            with an amount not exceeding that expended or incurred
            for the conservation, preservation, or maintenance of
            such property and the proceeds thereof, and for taxes
            in respect of same, shall be deducted and retained by
            the designee from the proceeds otherwise covered into
            the Treasury; and
              (2) that the time for the institution of a suit under
            section 207(a), for the filing of a notice of claim
            under section 207(b), and for the filing of debt claims
            under section 208 has elapsed.
    The determinations of the designee under this section shall be
    final and conclusive.
        Sec. 214.\49\ No property conveyed, transferred, assigned,
    delivered, or paid to the designee of the President under this
    title, or the net proceeds thereof, shall be liable to lien,
    attachment, garnishment, trustee process, or execution, or
    subject to any order or decree of any court, except as provided
    in this title.
    ---------------------------------------------------------------------------
        \49\ 22 U.S.C. 1631m. Sec. 3 of Public Law 84-285 (69 Stat. 570)
    added sec. 214.
    ---------------------------------------------------------------------------
        Sec. 215.\50\ Whoever shall willfully violate any provision
    of this title or any rule or regulation issued hereunder, and
    whoever shall willfully violate, neglect, or refuse to comply
    with any order of the President or of a designee of the
    President under this title, issued in compliance with the
    provisions of this title shall be fined not more than $5,000,
    or, if a natural person, imprisoned for not more than five
    years, or both; and the officer, director, or agent of any
    corporation who knowingly participates in such violation shall
    be punished by a like fine, imprisonment, or both.
    ---------------------------------------------------------------------------
        \50\ 22 U.S.C. 1631n. Sec. 3 of Public Law 84-285 (69 Stat. 570)
    added sec. 215.
    ---------------------------------------------------------------------------
        Sec. 216.\51\ (a) Notwithstanding any other provision of
    this Act or any provision of the Trading With the Enemy Act, as
    amended, any person (1) who was formerly a national of
    Bulgaria, Hungary, or Rumania, and (2) who, as a consequence of
    any law, decree, or regulation of the nation of which he was a
    national discriminating against political, racial or religious
    groups, at no time between December 7, 1941, and the time when
    such law, decree, or regulation was abrogated enjoyed full
    rights of citizenship under the law of such nation, shall be
    eligible hereunder to receive the return of his interest in
    property which was vested under section 202(a) hereof or under
    the Trading With the Enemy Act, as amended, as the property of
    a corporation organized under the laws of Bulgaria, Hungary, or
    Rumania if 25 per centum or more of the outstanding capital
    stock of such corporation was owned at the date of vesting by
    such persons and nationals of countries other than Bulgaria,
    Hungary, Rumania, Germany, or Japan, or if such corporation was
    subjected after December 7, 1941, under the laws of its
    country, to special wartime measures directed against it
    because of the enemy character of some or all of its
    stockholders; and no certificate by the Department of State as
    provided under section 207(c) hereof shall be required for such
    persons.
    ---------------------------------------------------------------------------
        \51\ 22 U.S.C. 1631o. Sec. 1(7) of Public Law 90-421 (82 Stat. 421)
    added sec. 216.
    ---------------------------------------------------------------------------
        (b) An interest in property vested under the Trading With
    the Enemy Act, as amended, as the property of a corporation
    organized under the laws of Bulgaria, Hungary, or Rumania shall
    be subject to return under subsection (a) of this section only
    if a notice of claim for the return of any such interest has
    been timely filed under the provisions of section 33 of that
    Act, provided that application may be made therefore within six
    months after the date of enactment hereof. In the event such
    interest has been liquidated and the net proceeds thereof
    transferred to the Bulgarian Claims Fund, Hungarian Claims
    Fund, or Rumanian Claims Fund, the net proceeds of any other
    interest representing vested property held in the United States
    Treasury may be used for the purpose of making the return
    hereunder.
        (c) Determinations by the designee of the President or any
    other officer or agency with respect to claims under this
    section, including the allowance or disallowance thereof, shall
    be final and shall not be subject to review by any court.

                                 TITLE III \52\

     claims against bulgaria, hungary, rumania, italy, and the soviet union

        Sec. 301.\53\ As used in this title the term--
    ---------------------------------------------------------------------------
        \52\ Sec. 3 of Public Law 84-285 (69 Stat. 570) added title III.
        \53\ 22 U.S.C. 1641. Sec. 3 of Public Law 84-285 (69 Stat. 570)
    added sec. 301.
    ---------------------------------------------------------------------------
              (1) ``Person'' means a natural person, partnership,
            association, other unincorporated body, corporation, or
            body politic.
              (2) ``National of the United States'' means (A) a
            natural person who is a citizen of the United States or
            who owes permanent allegiance to the United States, and
            (B) a corporation or other legal entity which is
            organized under the laws of the United States, any
            State or Territory thereof, or the District of
            Columbia, if natural persons who are nationals of the
            United States own, directly or indirectly, more than 50
            per centum of the outstanding capital stock or other
            beneficial interest in such legal entity. It does not
            include aliens.
              (3) ``Treaty of peace'', with respect to a country,
            means the treaty of peace with that country signed at
            Paris, France, February 10, 1947,\54\ which came into
            force between that country and the United States on
            September 15, 1947.
    ---------------------------------------------------------------------------
        \54\ 61 Stat., pt. 2.
    ---------------------------------------------------------------------------
              (4) ``Memorandum of Understanding'' means the
            Memorandum of Understanding between the United States
            and Italy regarding Italian assets in the United States
            and certain claims of nationals of the United States,
            signed at Washington, District of Columbia, August 14,
            1947 (61 Stat. 3962).
              (5) ``Soviet Government'' means the Union of Soviet
            Socialist Republics, including any of its present or
            former constituent republics, other political
            subdivisions, and any territories thereof, as
            constituted on or prior to November 16, 1933.
              (6) ``Litvinov Assignment'' means (A) the
            communications dated November 16, 1933, from Maxim
            Litvinov to President Franklin D. Roosevelt, wherein
            the Soviet Government assigned to the Government of the
            United States amounts admitted or found to be due it as
            the successor of prior governments of Russia, or
            otherwise, preparatory to a final settlement of the
            claims outstanding between the two Governments and the
            claims of their nationals; (B) the communication dated
            November 16, 1933, from President Franklin D. Roosevelt
            to Maxim Litvinov, accepting such assignment; and (C)
            the assignments executed by Serge Ughet on August 25,
            1933, and November 15, 1933, assigning certain assets
            to the Government of the United States.
              (7) ``Russian national'' includes any corporation or
            business association organized under the laws, decrees,
            ordinances or acts of the former Empire of Russia or of
            any government successor thereto, and subsequently
            nationalized or dissolved or whose assets were taken
            over by the Soviet Government or which was merged with
            any other corporation or organization by the Soviet
            Government.
              (8) ``Commission'' means the Foreign Claims
            Settlement Commission of the United States, established
            pursuant to Reorganization Plan Numbered 1 of 1954 (68
            Stat. 1279).\55\
    ---------------------------------------------------------------------------
        \55\ 22 U.S.C. 1622 note.
    ---------------------------------------------------------------------------
              (9) ``Property'' means any property, right, or
            interest.
        Sec. 302.\56\ (a) There are hereby created in the Treasury
    of the United States five funds to be known as the Bulgarian
    Claims Fund, the Hungarian Claims Fund, the Rumanian Claims
    Fund, the Italian Claims Funds, and the Soviet Claims Fund. The
    Secretary of the Treasury shall cover into each of the
    Hungarian, Rumanian, and Bulgarian Claims Funds, the funds
    attributable to the respective country or its nationals covered
    into the Treasury pursuant to subsections (a) and (b) of
    section 202 of this Act. The Secretary of the Treasury shall
    cover into the Italian Claims Fund the sum $5,000,000 paid to
    the United States by the Government of Italy pursuant to
    article II of the Memorandum of Understanding.\57\ The
    Secretary shall cover into the Treasury the funds collected by
    the United States pursuant to the Litvinov Assignment
    (including postal funds due prior to November 16, 1933, to the
    Union of Soviet Socialist Republics because of money orders
    certified to that country for payment) and shall cover into the
    Soviet Claims Fund the funds so covered into the Treasury. The
    Secretary shall deduct from each claims fund 5 per centum
    thereof as reimbursement to the Government of the United States
    for the expenses incurred by the Commission and by the Treasury
    Department in the administration of this title. Such deduction
    shall be made before any payment is made out of such fund under
    section 310. All amounts so deducted shall be covered into the
    Treasury to the credit of miscellaneous receipts.
    ---------------------------------------------------------------------------
        \56\ 22 U.S.C. 1641a. Sec. 3 of Public Law 84-285 (69 Stat. 571)
    added sec. 302.
        \57\ 61 Stat. 3962.
    ---------------------------------------------------------------------------
        (b) \58\ The Secretary of the Treasury shall cover into
    each of the Bulgarian and Rumanian Claims Funds such sums as
    may be paid by the Government of the respective country
    pursuant to the terms of any claims settlement agreement
    between the Government of the United States and the Government
    of such country.
    ---------------------------------------------------------------------------
        \58\ Sec. 8 of Public Law 90-421 (82 Stat. 422) added subsec. (b).
    ---------------------------------------------------------------------------
        (c) \59\ The Secretary of the Treasury shall cover into the
    Hungarian Claims Fund, such sums as may be paid to the United
    States by the Government of Hungary pursuant to the terms of
    the United States-Hungarian Claims Agreement of March 6,
    1973.\60\
    ---------------------------------------------------------------------------
        \59\ Sec. 1(1) of Public Law 93-460 (88 Stat. 1386) added subsec.
    (c).
        \60\ TIAS 7569; 24 UST 522.
    ---------------------------------------------------------------------------
        Sec. 303.\61\ The Commission shall receive and determine in
    accordance with the applicable substantive law, including
    international law, the validity and amounts of claims of
    nationals of the United States against the Governments of
    Bulgaria, Hungary, and Rumania, or any of them, arising out of
    the failure to--
    ---------------------------------------------------------------------------
        \61\ 22 U.S.C. 1641b. Sec. 3 of Public Law 84-285 (69 Stat. 571)
    added sec. 303.
    ---------------------------------------------------------------------------
              (1) restore or pay compensation for property of
            nationals of the United States as required by article
            23 of the treaty of peace with Bulgaria, articles 26
            and 27 of the treaty of peace with Hungary, and
            articles 24 and 25 of the treaty of peace with
            Rumania.\62\ Awards under this paragraph shall be in
            amounts not to exceed two-thirds of the loss or damage
            actually sustained;
    ---------------------------------------------------------------------------
        \62\ 61 Stat. pt. 2.
    ---------------------------------------------------------------------------
              (2) pay effective compensation for the
            nationalization, compulsory liquidation, or other
            taking, prior to the effective date of this title, of
            property of nationals of the United States in Bulgaria,
            Hungary, and Rumania;
              (3) meet obligations expressed in currency of the
            United States arising out of contractual or other
            rights acquired by nationals of the United States prior
            to April 24, 1984, in the case of Bulgaria, and prior
            to September 1, 1939, in the case of Hungary and
            Rumania, and which became payable prior to September
            15, 1947;
              (4) \63\ pays effective compensation for the
            nationalization, compulsory liquidation, or other
            taking of property of nationals of the United States in
            Bulgaria and Rumania, between August 9, 1955, and the
            effective date of the claims agreement between the
            respective country and the United States; and
    ---------------------------------------------------------------------------
        \63\ Sec. 10 of Public Law 90-421 (82 Stat. 422) added para. (4).
    ---------------------------------------------------------------------------
              (5) \64\ pay effective compensation for the
            nationalization, compulsory liquidation, or other
            taking of property of nationals of the United States in
            Hungary, between August 9, 1955, and the date the
            United States-Hungarian Claims Agreement of March 6,
            1973, enters into force.\65\
    ---------------------------------------------------------------------------
        \64\ Sec. 1(3) of Public Law 93-460 (88 Stat. 1386) added para.
    (5).
        \65\ 61 Stat. 3902.
    ---------------------------------------------------------------------------
        Sec. 304.\66\ (a) The Commission shall receive and
    determine, in accordance with the Memorandum of Understanding
    \65\ and applicable substantive law including international
    law, the validity and amount of claims of nationals of the
    United States against the Government of Italy arising out of
    the war in which Italy was engaged from June 10, 1940, to
    September 15, 1947, and with respect to which provision was not
    made in the treaty of peace with Italy. Upon payment of the
    principal amounts (without interest) of all awards from the
    Italian Claims Fund created pursuant to section 302 of this
    Act, the Commission shall determine the validity and amount of
    any claim under this section by any natural person who was a
    citizen of the United States on the date of enactment of this
    title and shall, in the event an award is issued pursuant to
    such claims, certify the same to the Secretary of the Treasury
    for payment out of remaining balances in the Italian Claims
    Fund in accordance with the provisions of section 310 of this
    Act, notwithstanding that the period of time prescribed in
    section 316 of this Act for the settlement of all claims under
    this section may have expired.\67\
    ---------------------------------------------------------------------------
        \66\ 22 U.S.C. 1641c. Sec. 3 of Public Law 84-285 (69 Stat. 572)
    added sec. 304.
        \67\ Public Law 85-604 added this sentence.
    ---------------------------------------------------------------------------
        (b) \68\ The Commission shall receive and determine, or
    redetermine, as the case may be, in accordance with applicable
    substantive law, including international law, the validity and
    amounts of claims owned by persons who were eligible to file
    claims under the first sentence of subsection (a) of this
    section on the date of enactment of this title, but failed to
    file such claims or, if they filed such claims, failed to file
    such claims within the limit of time required therefor:
    Provided, That no awards shall be made to persons who have
    received compensation in any amount pursuant to the treaty of
    peace with Italy, subsection (a) of this section, or section
    202 of the War Claims Act of 1948, as amended.
    ---------------------------------------------------------------------------
        \68\ Sec. 11 of Public Law 90-421 (82 Stat. 422) added subsecs. (b)
    through (f).
    ---------------------------------------------------------------------------
        (c) \68\ The Commission shall receive and determine, or
    redetermine as the case may be, in accordance with applicable
    substantive law, including international law, the validity and
    amounts of claims owned by persons who were nationals of the
    United States on September 3, 1943, and the date of enactment
    of this subsection, against the Government of Italy which arose
    out of the war in which Italy was engaged from June 10, 1940,
    to September 15, 1947, in territory ceded by Italy pursuant to
    the treaty of peace with Italy: Provided, That no awards shall
    be made to persons who have received compensation in any amount
    pursuant to the treaty of peace with Italy or subsection (a) of
    this section.
        (d) \68\ Within thirty days after enactment of this
    subsection, or within thirty days after the date of enactment
    of legislation making appropriations to the Commission for
    payment of administrative expenses incurred in carrying out its
    functions under subsections (b) and (c) of this section,
    whichever date is later, the Commission shall publish in the
    Federal Register the time when and the limit of time within
    which claims may be filed with the Commission, which limit
    shall not be more than six months after such publication.
        (e) \68\ The Commission shall certify awards on claims
    determined pursuant to subsection (b) and (c) of this section
    to the Secretary of the Treasury for payment out of remaining
    balances in the Italian Claims Fund in accordance with the
    provisions of section 310 of this title, after payment in full
    of all awards certified pursuant to subsection (a) of this
    section.
        (f) \68\ After payment in full of all awards certified to
    the Secretary of the Treasury pursuant to subsections (a) and
    (e) of this section, the Secretary of the Treasury is
    authorized and directed to transfer the unobligated balance in
    the Italian Claims Fund into the War Claims Fund created by
    section 13 of the War Claims Act of 1948, as amended.
        Sec. 305.\69\ (a) The Commission shall receive and
    determine in accordance with applicable substantive law,
    including international law, the validity and amounts of--
    ---------------------------------------------------------------------------
        \69\ 22 U.S.C. 1641d. Sec. 3 of Public Law 84-285 (69 Stat. 572)
    added sec. 305.
    ---------------------------------------------------------------------------
              (1) claims of nationals of the United States against
            a Russian national originally accruing in favor of a
            national of the United States with respect to which a
            judgment was entered in, or a warrant of attachment
            issued from, any court of the United States or of a
            State of the United States in favor of a national of
            the United States, with which judgment or warrant of
            attachment a lien was obtained by a national of the
            United States, prior to November 16, 1933, upon any
            property in the United States which has been taken,
            collected, recovered, or liquidated by the Government
            of the United States pursuant to the Litvinov
            Assignment. Awards under this paragraph shall not
            exceed the proceeds of such property as may have been
            subject to the lien of the judgment or attachment; nor,
            in the event that such proceeds are less than the
            aggregate amount of all valid claims so related to the
            same property, exceed an amount equal to the proportion
            which each such claim bears to the total amount of such
            proceeds; and
              (2) claims, arising prior to November 16, 1933, of
            nationals of the United States against the Soviet
            Government.
        (b) Any judgment entered in any court of the United States
    or of a State of the United States shall be binding upon the
    Commission in its determination, under paragraph (1) of
    subsection (a) of this section, of any issue which was
    determined by the court in which the judgment was entered.
        (c) The Commission shall give preference to the disposition
    of the claims referred to in paragraph (1) of subsection (a) of
    this section, over all other claims presented to it under this
    title.
        Sec. 306.\70\ (a) Within sixty days after the date of
    enactment of this title, or within sixty days after the date of
    enactment of legislation making appropriations to the
    Commission for payment of administrative expenses incurred in
    carrying out its functions under paragraph (1), (2), or (3) of
    section 303 of this title, whichever date is later, the
    Commission shall publish in the Federal Register the time when
    and the limit of time within which claims may be filed under
    this title, which limit shall not be more than one year after
    such publication, except that with respect to claims under
    section 305 this limit shall not exceed six months.
    ---------------------------------------------------------------------------
        \70\ 22 U.S.C. 1641e. Sec. 3 of Public Law 84-285 (69 Stat. 572)
    added sec. 306.
    ---------------------------------------------------------------------------
        (b) \71\ Within thirty days after enactment of this
    subsection or the enactment of legislation making
    appropriations to the Commission for payment of administrative
    expenses incurred in carrying out its functions under paragraph
    (4) of section 303 of this title, whichever is later, the
    Commission shall publish in the Federal Register the time when
    and the limit of time within which claims may be filed under
    paragraph (4) of section 303 of this title, which limit shall
    not be more than six months after such publication.
    ---------------------------------------------------------------------------
        \71\ Sec. 12 of Public Law 90-421 (82 Stat. 423) added subsec. (b).
    ---------------------------------------------------------------------------
        (c) \72\ Within thirty days after enactment of this
    subsection, or thirty days after enactment of legislation
    making appropriations to the Commission for payment of
    administrative expenses incurred in carrying out its functions
    under paragraph (5) of section 303, whichever date is later,
    the Commission shall publish in the Federal Register the time
    when, and the limit of time within which, claims may be filed
    with the Commission under paragraph (5) of section 303, which
    limit shall not be more than six months after such publication.
    ---------------------------------------------------------------------------
        \72\ Sec. 1(4) of Public Law 93-460 (88 Stat. 1386) added subsecs.
    (c) and (d).
    ---------------------------------------------------------------------------
        (d) \72\ Notwithstanding any other provision of this
    section, any national of the United States who was mailed
    notice by any department or agency of the Government of the
    United States with respect to filing a claim against the
    government of Hungary arising out of any of the failures
    referred to in paragraph (1), (2), or (3) of section 303 of
    this title, and who did not receive the notice as the result of
    administrative error in placing a nonexistent address on the
    notice, may file with the Commission a claim under any such
    paragraph. The Commission shall publish in the Federal
    Register, within thirty days after enactment of this paragraph,
    when the limit of time within which any such claim may be filed
    with the Commission, which limit shall not be more than six
    months after such publication.
        Sec. 307.\73\ The amount of any award made pursuant to this
    title based on a claim of a national of the United States other
    than the national of the United States to whom the claim
    originally accrued shall not exceed the amount of the actual
    consideration last paid therefor either prior to January 1,
    1953, or between that date and the filing of the claim,
    whichever is less.
    ---------------------------------------------------------------------------
        \73\ 22 U.S.C. 1641f. Sec. 3 of Public Law 84-285 (69 Stat. 573)
    added sec. 307.
    ---------------------------------------------------------------------------
        Sec. 308.\74\ The Commission shall as soon as possible, and
    in the order of the making of such awards, certify to the
    Secretary of the Treasury, in terms of United States currency,
    each award made pursuant to this title.
    ---------------------------------------------------------------------------
        \74\ 22 U.S.C. 1641g. Sec. 3 of Public Law 84-285 (69 Stat. 573)
    added sec. 308.
    ---------------------------------------------------------------------------
        Sec. 309.\75\ All payments authorized under this title
    shall be disbursed exclusively from the claims funds
    attributable to the country with respect to which the claims
    are allowed pursuant to this title. All amounts covered into
    the Treasury to the credit of the claims funds created by
    section 302 are hereby permanently appropriated for the making
    of the payments authorized under this title.
    ---------------------------------------------------------------------------
        \75\ 22 U.S.C. 1641h. Sec. 3 of Public Law 84-285 (69 Stat. 573)
    added sec. 309.
    ---------------------------------------------------------------------------
        Sec. 310.\76\ (a) The Secretary of the Treasury shall make
    payments on account of awards certified by the Commission
    pursuant to this title as follows:
    ---------------------------------------------------------------------------
        \76\ 22 U.S.C. 1641i. Sec. 3 of Public Law 84-285 (69 Stat. 573)
    added sec. 310.
    ---------------------------------------------------------------------------
              (1) Payment in full of the principal amount of each
            award made pursuant to section 305(a)(1) and each award
            of $1,000 or less made pursuant to section 303 or 304;
              (2) Payment in full of the principal amount of each
            award of $1,000 or less made pursuant to section
            305(a)(2);
              (3) Payment in the amount of $1,000 on account of the
            principal of each award or more than $1,000 in amount
            made pursuant to section 303, 304, or 305(a)(2);
              (4) After completing the payments under the preceding
            paragraphs of this subsection from any one fund,
            payments from time to time, in ratable proportions, on
            account of the then unpaid principal of all awards in
            the principal amount of more than $1,000, according to
            the proportions which the unpaid principal of such
            awards bear to the total amount in the fund available
            for distribution on account of such awards at the time
            such payments are made;
              (5) After payment has been made in full of the
            principal amounts of all awards from any one fund, pro
            rate payments from the remainder of such fund then
            available for distribution on account of accrued
            interest on such award as bear interest.
              (6) \77\ Whenever the Commission is authorized to
            settle claims by the enactment of paragraph (4) of
            section 303 of this title with respect to Rumania and
            Bulgaria, no further payments shall be authorized by
            the Secretary of the Treasury on account of awards
            certified by the Commission pursuant to paragraph (1),
            (2), or (3) of section 303 of the Bulgarian or Rumanian
            Claims Funds, as the case may be, until payments on
            account of awards certified pursuant to paragraph (4)
            of section 303 with respect to such fund have been
            authorized in equal proportion to payments previously
            authorized on existing awards certified pursuant to
            paragraphs (1), (2), and (3) of section 303.
    ---------------------------------------------------------------------------
        \77\ Sec. 13 of Public Law 90-421 (82 Stat. 423) added para. (6).
    ---------------------------------------------------------------------------
              (7) \78\ (A) Except as otherwise provided in
            subparagraph (D), whenever the Commission is authorized
            to settle claims by enactment of paragraph (5) of
            section 303 of this title with respect to Hungary, no
            further payments shall be authorized by the Secretary
            of the Treasury on account of awards certified by the
            Commission under paragraphs (2) and (3) of section 303
            out of the Hungarian Claims Fund until payments on
            account of awards certified under paragraph (5) of
            section 303 with respect to such fund have been
            authorized in equal proportions to payments previously
            authorized on existing awards certified under
            paragraphs (2) and (3) of section 303.
    ---------------------------------------------------------------------------
        \78\ Sec. 1(5) of Public Law 93-460 (88 Stat. 1386) added para.
    (7).
    ---------------------------------------------------------------------------
              (B) Except as otherwise provided in subparagraph (D),
            with respect to awards previously certified under
            paragraph (1) of section 303, the Secretary of the
            Treasury shall not authorize any further payments until
            payments on account of awards certified under
            paragraphs (2), (3), and (5) of section 303 have been
            authorized in equal proportions to payments previously
            authorized on existing awards certified under paragraph
            (1) of section 303.
              (C) Except as otherwise provided in subparagraph (D),
            the Secretary of the Treasury shall not authorize any
            further payments on account of awards certified under
            paragraph (3), of section 303 based on Kingdom of
            Hungary bonds expressed in United States dollars or
            upon awards to Standstill creditors of Hungary that
            were the subject matter of the agreement of December 6,
            1969, between the Government of Hungary and the
            American Committee for Standstill creditors of Hungary.
              (D) No payments shall be authorized by the Secretary
            of the Treasury on account of awards certified by the
            Commission under paragraph (5) of section 303 of this
            title, and no further payments shall be so authorized
            under paragraph (1), (2), or (3) of section 303 (except
            payments certified as the result of claims filed under
            subsection (d) of section 306), until payments on
            accounts of awards certified under such paragraphs (1),
            (2), and (3) as the result of a claims filed under
            subsection (d) of section 306 have been authorized in
            equal proportions to payments previously authorized on
            existing awards certified under such paragraphs and
            arising out of claims filed other than under such
            subsection (d).
              (E) The Secretary of the Treasury is authorized and
            directed to deduct the sum of $125,000 from the
            Hungarian Claims Fund and cover such amount into the
            Treasury to the credit of miscellaneous receipts in
            satisfaction of the claim of the United States referred
            to in article 2, paragraph 4 of the United States-
            Hungarian Claims Agreement of March 6, 1973. Such
            amount shall be deducted in annual installments over
            the period during which the Government of Hungary makes
            payments to the Government of the United States as
            provided in article 4 of the agreement.
        (b) Such payments, and applications for such payments,
    shall be made in accordance with such regulations as the
    Secretary of the Treasury shall prescribe.
        (c) For the purposes of making any such payments, an
    ``award'' shall be deemed to mean the aggregate of all awards
    certified in favor of the same claimant and payable from the
    same fund.
        (d) With respect to any claim which, at the time of the
    award, is vested in persons other than the person to whom the
    claim originally accrued, the Commission may issue a
    consolidated award in favor of all claimants then entitled
    thereto, which award shall indicate the respective interests of
    such claimants therein; and all such claimants shall
    participate, in proportion to their indicated interests, in the
    payments provided by this section in all respects as if the
    award had been in favor of a single person.
        Sec. 311.\79\ (a) If a corporation or other legal entity
    has a claim on which an award may be made under this title, no
    award may be made to any other person under this title with
    respect to such claim.
    ---------------------------------------------------------------------------
        \79\ 22 U.S.C. 1641j. Sec. 3 of Public Law 84-285 (69 Stat. 573)
    added sec. 311.
    ---------------------------------------------------------------------------
        (b) A claim based upon an interest, direct or indirect, in
    a corporation or other legal entity which directly suffered the
    loss with respect to which the claim is asserted, but which was
    not a national of the United States at the time of the loss,
    shall be acted upon without regard to the nationality of such
    legal entity if at the time of the loss at least 25 per centum
    of the outstanding capital stock or other beneficial interest
    in such entity was owned, directly or indirectly, by natural
    persons who were nationals of the United States. This
    subsection shall not be construed so as to exclude from
    eligibility a claim based upon a direct ownership interest in a
    corporation, association, or other entity, or the property
    thereof, for loss by reason of the nationalization, compulsory
    liquidation, or other taking of such corporation, association,
    or other entity by the Governments of Bulgaria, Hungary, Italy,
    Rumania, or the Soviet Government. Any such claim may be
    allowed without regard to the per centum of ownership vested in
    the claimant.\80\
    ---------------------------------------------------------------------------
        \80\ Public Law 85-604 (72 Stat. 531) added this sentence. Sec.
    3(b) of Public Law 85-604 also provided that ``Any claim heretofore
    denied under subsection (b) of section 311 of the International Claims
    Settlement Act of 1949, as amended, prior to the date of enactment of
    this section, shall be reconsidered by the Foreign Claims Settlement
    Commission solely to redetermine its validity and amount by reason of
    the amendments made by this section.''.
    ---------------------------------------------------------------------------
        Sec. 312.\81\ No award shall be made under this title to or
    for the benefit of any person who voluntarily, knowingly, and
    without duress, gave aid to or collaborated with or in any
    manner served any government hostile to the United States
    during World War II, or who has been convicted of a violation
    of any provision of chapter 115, of title 18, of the United
    States Code,\82\ or of any other crime involving disloyalty to
    the United States.
    ---------------------------------------------------------------------------
        \81\ 22 U.S.C. 1641k. Sec. 3 of Public Law 84-285 (69 Stat. 574)
    added sec. 312.
        \82\ 62 Stat. 807.
    ---------------------------------------------------------------------------
        Sec. 313.\83\ Payment of any award made pursuant to section
    303 or 305 shall not, unless such payment is for the full
    amount of the claim, as determined by the Commission to be
    valid, with respect to which the award is made, extinguish such
    claim, or be construed to have divested any claimant, or the
    United States on his behalf, of any rights against the
    appropriate foreign government or national for the unpaid
    balance of his claim or for restitution of his property. All
    awards or payments made pursuant to this title shall be without
    prejudice to the claims of the United States against any
    foreign government.
    ---------------------------------------------------------------------------
        \83\ 22 U.S.C. 1641l. Sec. 3 of Public Law 84-285 (69 Stat. 574)
    added sec. 313.
    ---------------------------------------------------------------------------
        Sec. 314.\84\ The action of the Commission in allowing or
    denying any claim under this title shall be final and
    conclusive on all questions of law and fact and not subject to
    review by any other official of the United States or by any
    court by mandamus or otherwise, and the Comptroller General
    shall allow credit in the accounts of any certifying or
    disbursing officer for payments in accordance with such action.
    ---------------------------------------------------------------------------
        \84\ 22 U.S.C. 1641m. Sec. 3 of Public Law 84-285 (69 Stat. 574)
    added sec. 314.
    ---------------------------------------------------------------------------
        Sec. 315.\85\ There are hereby authorized to be
    appropriated such sums as may be necessary to enable the
    Commission and the Treasury Department to pay their
    administrative expenses incurred in carrying out their
    functions under this title.
    ---------------------------------------------------------------------------
        \85\ 22 U.S.C. 1641n. Sec. 3 of Public Law 84-285 (69 Stat. 574)
    added sec. 315.
    ---------------------------------------------------------------------------
        Sec. 316.\86\ (a) The Commission shall complete its affairs
    in connection with the settlement of claims pursuant to section
    305(a)(1) not later than two years, and all other claims
    pursuant to this title not later than four years, following the
    date of enactment of this title, or following the date of
    enactment of legislation making appropriations to the
    Commission for the payment of administrative expenses incurred
    in carrying out its functions under this title, whichever date
    is later.
    ---------------------------------------------------------------------------
        \86\ 22 U.S.C. 1641o. Sec. 3 of Public Law 84-285 (69 Stat. 574)
    added sec. 316.
    ---------------------------------------------------------------------------
        (b) \87\ The Commission shall complete its affairs in
    connection with the settlement of claims pursuant to paragraph
    (4) of section 303 and subsections (b) and (c) of section 304
    of this title not later than two years following the date of
    enactment of such paragraphs, or following the enactment of
    legislation making appropriations to the Commission for payment
    of administrative expenses incurred in carrying out its
    functions under paragraph (4) of section 303 and subsections
    (b) and (c) of section 304 of this title, whichever is later.
    ---------------------------------------------------------------------------
        \87\ Sec. 14 of Public Law 90-421 (82 Stat. 423) added subsec. (b).
    ---------------------------------------------------------------------------
        (c) \88\ The Commission shall complete its affairs in
    connection with the settlement of claims pursuant to paragraph
    (5) of section 303 of this title not later than two years
    following the deadline established under subsection (c) of
    section 306 of this title.
    ---------------------------------------------------------------------------
        \88\ Sec. 1(6) of Public Law 93-460 (88 Stat. 1386) added subsec.
    (c).
    ---------------------------------------------------------------------------
        Sec. 317.\89\ (a) The total remuneration paid to all
    agents, attorneys at law or in fact, or representatives, for
    services rendered on behalf of any claimant in connection with
    any claim filed with the Commission shall not exceed 10 per
    centum of the total amount paid under this title on account of
    such claim, or such greater amount as may be determined
    pursuant to subsection (b) of this section. Any agreement to
    the contrary shall be unlawful and void. Whoever, in the United
    States or elsewhere, demands or receives, on account of
    services so rendered, any remuneration which, together with all
    remuneration paid to other persons on account of such services
    and of which he has notice, is in excess of the maximum
    permitted by this section, shall be fined not more than $5,000
    or imprisoned not more than twelve months, or both.
    ---------------------------------------------------------------------------
        \89\ 22 U.S.C. 1641p. Sec. 3 of Public Law 84-285 (69 Stat. 574)
    added sec. 317.
    ---------------------------------------------------------------------------
        (b) Not later than three months after the Commission has
    completed its affairs in connection with the settlement of all
    claims payable from the fund from which an award is payable,
    any agent, attorney at law or in fact, or representative who
    believes that the total remuneration for services rendered in
    connection with the claim upon which such award is made should
    exceed the maximum otherwise permitted by this section may,
    pursuant to such procedure as the Commission shall prescribe by
    regulation, petition the Commission for an order authorizing
    the payment of remuneration in excess of such maximum. The
    Commission shall issue such an order only upon a finding that
    there exist special circumstances of unusual hardship which
    require the payment of such excess; and such order shall state
    the amount of the excess which may so be paid. The
    determination of the Commission in ruling upon such petition
    shall be within the sole discretion of the Commission and shall
    not be subjected to review by any court.
        Sec. 318.\90\ The following provisions of title I shall be
    applicable to this title: Subsections (b), (c), (d), (e), (h),
    and (j) of section 4; and subsections (c), (d), (e), and (f) of
    section 7.
    ---------------------------------------------------------------------------
        \90\ 22 U.S.C. 1641q. Sec. 3 of Public Law 84-285 (69 Stat. 574)
    added sec. 318.
    ---------------------------------------------------------------------------

                                 TITLE IV \91\

                         claims against czechoslovakia

        Sec. 401.\92\ As used in this title--
    ---------------------------------------------------------------------------
        \91\ Public Law 85-604 (72 Stat. 527) added title IV. See also
    Czechoslovakian Claims Settlement Act of 1981.
        \92\ 22 U.S.C. 1642. Sec. 1 of Public Law 85-604 (72 Stat. 527)
    added sec. 401.
    ---------------------------------------------------------------------------
        (1) ``National of the United States,'' means (A) a natural
    person who is a citizen of the United States, or who owes
    permanent allegiance to the United States, and (B) a
    corporation or other legal entity which is organized under the
    laws of the United States, any State or Territory thereof, or
    the District of Columbia, if natural persons who are nationals
    of the United States own, directly, or indirectly, more than 50
    per centum of the outstanding capital stock or other beneficial
    interest in such legal entity. It does not include aliens.
        (2) ``Commission'' means the Foreign Claims Settlement
    Commission of the United States, established, pursuant to
    Reorganization Plan Numbered 1 of 1954 (68 Stat. 1279).
        (3) ``Property'' means any property, right, or interest.
        Sec. 402.\93\ (a) The Secretary of the Treasury is directed
    to hold, in an account in the Treasury of the United States,
    the net proceeds of the sale of certain Czechoslovakian steel
    mill equipment heretofore blocked and sold in the United States
    by order of the Secretary of the Treasury under authority of
    Executive Order Numbered 9193, dated July 6, 1942 (7 F.R. 5205,
    July 9, 1942).
    ---------------------------------------------------------------------------
        \93\ 22 U.S.C. 1642a. Sec. 1 of Public Law 85-604 (72 Stat. 527)
    added sec. 402.
    ---------------------------------------------------------------------------
        (b) \94\ There is hereby created in the Treasury of the
    United States a fund to be designated the Czechoslovakian
    Claims Fund, for the payment of unsatisfied claims of nationals
    of the United States against Czechoslovakia as authorized in
    this title.
    ---------------------------------------------------------------------------
        \94\ See also sec. 4 of the Czechoslovakian Claims Settlement Act
    of 1981 (Public Law 97-127) which establishes three accounts in the
    Fund which shall be available for payments of claims awarded under sec.
    410 of this Act, under sec. 5 of Public Law 97-127, and under sec. 6 of
    Public Law 97-127.
    ---------------------------------------------------------------------------
        (c) If, within one year following the date of enactment of
    this title, the Government of Czechoslovakia voluntarily
    settles with and pays to the Government of the United States a
    sum in payment of claims of United States nationals against
    Czechoslovakia, all moneys held pursuant to subsection (a) of
    this section will be disposed of in accordance with the terms
    of the settlement agreement with Czechoslovakia and applicable
    provisions of this title and the sum paid by Czechoslovakia
    shall be covered into the Czechoslovakian Claims Fund.
        (d) Upon the expiration of one year after the date of
    enactment of this title if no settlement with Czechoslovakia of
    the type specified in subsection (c) of this section has
    occurred, all moneys held pursuant to subsection (a) of this
    section except amounts held in reserve pursuant to section 403
    of this title, shall be covered into the Czechoslovakian Claims
    Fund.
        (e) The Secretary of the Treasury shall deduct from the
    Czechoslovakian Claims Fund 5 per centum thereof as
    reimbursement to the Government of the United States for the
    expenses incurred by the Commission and by the Treasury
    Department in the administration of this title.\95\ The amount
    so deducted shall be covered into the Treasury to the credit of
    miscellaneous receipts.
    ---------------------------------------------------------------------------
        \95\ Sec. 4(a) of the Czechoslovakian Claims Settlement Act of 1981
    (Public Law 97-127) stipulates that $50,000 shall be deducted from the
    fund for the costs of administrating this title and Public Law 97-127,
    and that such deduction shall be made in lieu of the deduction
    described in this subsection.
    ---------------------------------------------------------------------------
        (f) After the deduction for administrative expenses
    pursuant to subsection (e) of this section, and after payment
    of awards certified pursuant to section 410 of this title, the
    balance remaining in the Fund, if any, shall be paid to
    Czechoslovakia in accordance with instructions to be provided
    by the Secretary of State.
        Sec. 403.\96\ No judicial relief or remedy shall be
    available to any person asserting a claim against the United
    States or any officer or agent thereof with respect to any
    action taken under this title, or any other claim for or on
    account of the property or proceeds described in section 402 of
    this title, or for any other action taken with respect thereto
    except to the extent that the action complained of constitutes
    a taking of private property without just compensation, and to
    such extent the sole judicial relief and remedy available shall
    be an action brought against the United States in the United
    States Court of Federal Claims \97\ which action must be
    brought within one year of the date of enactment of this title
    or it shall be forever barred; and any action so brought shall
    receive a preference over all actions which themselves are not
    given preference by statute. No other court shall have original
    jurisdiction to consider any such claim by mandamus or
    otherwise. If any action is brought pursuant to this section
    the Secretary of the Treasury shall set aside an appropriate
    reserve in the account containing the moneys held pursuant to
    subsection (a) of section 402 of this title. Such reserve shall
    be retained pending a final determination of all issues raised
    in the action and recovery in any such action shall be limited
    to and paid out of the moneys so reserved. After a final
    determination of all issues raised in the action and payment of
    any judgment against the United States entered pursuant
    thereto, any balance no longer required to be held in reserve
    shall be disposed of in accordance with the provisions of
    subsection (d) of section 402 of this title. Nothing in this
    section shall be construed to create (1) any liability against
    the United States for any action taken pursuant to section 404
    of this title, (2) any liability against the United States in
    favor of the Government of Czechoslovakia, any agency or
    instrumentality thereof or any person who is an assignee or
    successor in interest thereto, or (3) any other liability
    against the United States.
    ---------------------------------------------------------------------------
        \96\ 22 U.S.C. 1642b. Sec. 1 of Public Law 85-604 (72 Stat. 528)
    added sec. 403.
        \97\ Sec. 902(b)(1) of Public Law 102-572 (106 Stat. 4516) provided
    that any reference in any Federal law or any document to the ``United
    States Claims Court'' shall be deemed to refer to the ``United States
    Court of Federal Claims''. Previously, sec. 161(6) of the Federal
    Courts Improvement Act (Public Law 97-164; 96 Stat. 49) struck out
    ``United States Court of Claims'' and inserted in lieu thereof ``United
    States Claims Court''.
    ---------------------------------------------------------------------------
        Sec. 404.\98\ The Commission shall determine in accordance
    with applicable substantive law, including international law,
    the validity and amount of claims by nationals of the United
    States against the Government of Czechoslovakia for losses
    resulting from the nationalization or other taking on and after
    January 1, 1945, of property including any rights or interests
    therein owned at the time by nationals of the United States,
    subject, however, to the terms and conditions of an applicable
    claims agreement, if any, concluded between the Governments of
    Czechoslovakia and the United States within one year following
    the date of enactment of this title. In making the
    determination with respect to the validity and amount of claims
    and value of properties, rights, or interest taken, the
    Commission is authorized to accept the fair or proved value of
    the said property, right, or interest as of a time when the
    property or business enterprise taken, was last operated, used,
    managed or controlled by the national or nationals of the
    United States asserting the claim irrespective of whether such
    date is prior to the actual date of nationalization or taking
    by the Government of Czechoslovakia.
    ---------------------------------------------------------------------------
        \98\ 22 U.S.C. 1642c. Sec. 1 of Public Law 85-604 (72 Stat. 528)
    added sec. 404.
    ---------------------------------------------------------------------------
        Sec. 405.\99\ A claim under section 404 of this title shall
    not be allowed unless the property upon which the claim is
    based was owned by a national of the United States on the date
    of nationalization or other taking thereof and unless the claim
    has been held by a national of the United States continuously
    thereafter until the date of filing with the Commission.
    ---------------------------------------------------------------------------
        \99\ 22 U.S.C. 1642d. Sec. 1 of Public Law 85-604 (72 Stat. 528)
    added sec. 405. See also sec. 6(b) of the Czechoslovakian Claims
    Settlement Act of 1981 (Public Law 97-127), which states, in part, that
    the provisions of this section ``shall be deemed to be met if such
    property was owned on such a date by a person who became a national of
    the United States on or before February 26, 1948.''.
    ---------------------------------------------------------------------------
        Sec. 406.\100\ (a) A claim under section 404 of this title
    based upon an ownership interest in any corporation,
    association, or other entity which is a national of the United
    States shall be denied.
    ---------------------------------------------------------------------------
        \100\ 22 U.S.C. 1642e. Sec. 1 of Public Law 85-604 (72 Stat. 529)
    added sec. 406.
    ---------------------------------------------------------------------------
        (b) A claim under section 404 of this title, based upon a
    direct ownership interest in a corporation, association, or
    other entity for loss by reason of the nationalization or other
    taking of such corporation, association, or other entity, or
    the property thereof, shall be allowed, subject to other
    provisions of this title, if such corporation, association, or
    other entity on the date of the nationalization or other taking
    was not a national of the United States, without regard to the
    per centum of ownership vested in the claimant in any such
    claim.
        (c) A claim under section 404 of this title, based upon an
    indirect ownership interest in a corporation, association, or
    other entity for loss by reason of the nationalization or other
    taking of such corporation, association, or other entity, or
    the property thereof, shall be allowed, subject to other
    provisions of this title, only if at least 25 per centum of the
    entire ownership interest thereof at the time of such
    nationalization or other taking was vested in nationals of the
    United States.
        (d) Any award on a claim under subsection (b) or (c) of
    this section shall be calculated on the basis of the total loss
    suffered by such corporation, association, or other entity, and
    shall bear the same proportion to such loss as the ownership
    interest of the claimant bears to the entire ownership interest
    thereof.
        Sec. 407.\101\ In determining the amount of any award by
    the Commission there shall be deducted all amounts the claimant
    has received from any source on account of the same loss or
    losses with respect to which such award is made.
    ---------------------------------------------------------------------------
        \101\ 22 U.S.C. 1642f. Sec. 1 of Public Law 85-604 (72 Stat. 529)
    added sec. 407.
    ---------------------------------------------------------------------------
        Sec. 408.\102\ With respect to any claim under section 404
    of this title which, at the time of the award, is vested in
    persons other than the person by whom the loss was sustained,
    the Commission may issue a consolidated award in favor of all
    claimants then entitled thereto, which award shall indicate the
    respective interests of such claimants therein, and all such
    claimants shall participate, in proportion to their indicated
    interests, in the payments authorized by this title in all
    respects as if the award had been in favor of a single person.
    ---------------------------------------------------------------------------
        \102\ 22 U.S.C. 1642g. Sec. 1 of Public Law 85-604 (72 Stat. 529)
    added sec. 408.
    ---------------------------------------------------------------------------
        Sec. 409.\103\ No award shall be made on any claim under
    section 404 of this title to or for the benefit of (1) any
    person who has been convicted of a violation of any provision
    of chapter 115, title 18, of the United States Code, or of any
    other crime involving disloyalty to the United States, or (2)
    any claimant whose claim under this title is within the scope
    of title III of this Act.
    ---------------------------------------------------------------------------
        \103\ 22 U.S.C. 1642h. Sec. 1 of Public Law 85-604 (72 Stat. 529)
    added sec. 409.
    ---------------------------------------------------------------------------
        Sec. 410.\104\ The Commission shall certify to the
    Secretary of the Treasury, in terms of United States currency,
    each award made pursuant to this title.
    ---------------------------------------------------------------------------
        \104\ 22 U.S.C. 1642i. Sec. 1 of Public Law 85-604 (72 Stat. 529)
    added sec. 410.
    ---------------------------------------------------------------------------
        Sec. 411.\105\ Within sixty days after the enactment of
    this title or of legislation making appropriations to the
    Commission for payment of administrative expenses incurred in
    carrying out its functions under this title, whichever date is
    later, the Commission shall give public notice by publication
    in the Federal Register of the time when, and the limit of time
    within which claims may be filed, which limit shall not be more
    than twelve months after such publication.
    ---------------------------------------------------------------------------
        \105\ 22 U.S.C. 1642j. Sec. 1 of Public Law 85-604 (72 Stat. 529)
    added sec. 411.
    ---------------------------------------------------------------------------
        Sec. 412.\106\ The Commission shall complete its affairs in
    connection with the settlement of claims pursuant to this title
    not later than three years following the final date for the
    filing of claims as provided in section 411 of this title or
    following the enactment of legislation making appropriations to
    the Commission for payment of administrative expenses incurred
    in carrying out its functions under this title, whichever date
    is later.
    ---------------------------------------------------------------------------
        \106\ 22 U.S.C. 1642k. Sec. 1 of Public Law 85-604 (72 Stat. 529)
    added sec. 412.
    ---------------------------------------------------------------------------
        Sec. 413.\107\ (a) The Secretary of the Treasury is
    authorized and directed, out of the sums covered into the
    Czechoslovakian Claims Fund, to make payments on account of
    awards certified by the Commission pursuant to this title as
    follows and in the following order of priority.
    ---------------------------------------------------------------------------
        \107\ 22 U.S.C. 1642l. Sec. 1 of Public Law 85-604 (72 Stat. 530)
    added sec. 413.
    ---------------------------------------------------------------------------
              (1) Payment in the amount of $1,000 or in the amount
            of the award, whichever is less.
              (2) Thereafter, payments from time to time on account
            of the unpaid balance of each remaining award made
            pursuant to this title which shall bear to such unpaid
            balance the same proportion as the total amount in the
            fund available for distribution at the time such
            payments are made bears to the aggregate unpaid balance
            of all such awards.
        (b) Such payments, and applications for such payments,
    shall be made in accordance with such regulations as the
    Secretary of the Treasury shall prescribe.
        (c) For the purpose of making any such payments, an
    ``award'' shall be deemed to mean the aggregate of all awards
    certified in favor of the same claimant.
        (d) If any person to whom any payment is to be made
    pursuant to this title is decreased or is under a legal
    disability, payment shall be made to his legal representative,
    except that if any payment to be made is not over $1,000 and
    there is no qualified executor or administrator, payment may be
    made to the person or persons found by the Comptroller General
    to be entitled thereto, without the necessity of compliance and
    with the requirements of law with respect to the administration
    of estates.
        (e) Subject to the provisions of any claims agreement
    hereafter concluded between the Governments of Czechoslovakia
    and the United States, payment of any award pursuant to this
    title shall not, unless such payment is for the full amount of
    the claim, as determined by the Commission to be valid, with
    respect to which the award is made, extinguish such claim or be
    construed to have divested any claimant, or the United States
    on his behalf, of any rights against any foreign government for
    the unpaid balance of his claim.
        Sec. 414.\108\ No remuneration on account of services
    rendered on behalf of any claimant in connection with any claim
    filed with the Commission under this title shall exceed 10 per
    centum of the total amount paid pursuant to any award certified
    under the provisions of this title on account of such claim.
    Any agreement to the contrary shall be unlawful and void.
    Whoever, in the United States or elsewhere, demands or
    receives, on account of services so rendered, any remuneration
    in excess of the maximum permitted by this section, shall be
    guilty of a misdemeanor, and, upon conviction thereof, shall be
    fined not more than $5,000 or imprisoned not more than twelve
    months, or both.
    ---------------------------------------------------------------------------
        \108\ 22 U.S.C. 1642m. Sec. 1 of Public Law 85-604 (72 Stat. 530)
    added sec. 414.
    ---------------------------------------------------------------------------
        Sec. 415.\109\ The Secretary of State is authorized and
    directed to transfer or otherwise make available to the
    Commission such records and documents relating to claims
    authorized by this title as may be required by the Commission
    in carrying out its functions under this title.
    ---------------------------------------------------------------------------
        \109\ 22 U.S.C. 1642n. Sec. 1 of Public Law 85-604 (72 Stat. 530)
    added sec. 415.
    ---------------------------------------------------------------------------
        Sec. 416.\110\ To the extent they are not inconsistent with
    the provisions of this title, the following provisions of title
    I shall be applicable to this title: Subsections (b), (c), (d),
    (e), (h), and (j) of section 4; subsections (c), (d), (e), and
    (f) of section 7.
    ---------------------------------------------------------------------------
        \110\ 22 U.S.C. 1642o. Sec. 1 of Public Law 85-604 (72 Stat. 530)
    added sec. 416.
    ---------------------------------------------------------------------------
        Sec. 417.\111\ There are hereby authorized to be
    appropriated such sums as may be necessary to enable the
    Commission and the Treasury Department to pay their
    administrative expenses incurred in carrying out their
    functions under this title.
    ---------------------------------------------------------------------------
        \111\ 22 U.S.C. 1642p. Sec. 1 of Public Law 85-604 (72 Stat. 530)
    added sec. 417.
    ---------------------------------------------------------------------------

                                 TITLE V \112\

                                purpose of title

        Sec. 501.\113\ It is the purpose of this title to provide
    for the determination of the amount and validity of claims
    against the Government of Cuba \114\, or the Chinese Communist
    regime,\115\ which have arisen since January 1, 1959, in the
    case of claims against the Government of Cuba, or since October
    1, 1949, in the case of claims against the Chinese Communist
    regime,\116\ out of nationalization, expropriation,
    intervention, or other takings of, or special measures directed
    against, property of nationals of the United States, and claims
    for disability or death of nationals of the United States
    arising out of violations of international law by the
    Government of Cuba, or the Chinese Communist regime,\115\ in
    order to obtain information concerning the total amount of such
    claims against the Government of Cuba, or the Chinese Communist
    regime,\115\ on behalf of nationals of the United States. This
    title shall not be construed as authorizing an appropriation or
    as any intention to authorize an appropriation for the purpose
    of paying such claims.
    ---------------------------------------------------------------------------
        \112\ Public Law 88-666 (78 Stat. 1110) added title V.
        \113\ 22 U.S.C. 1643. Public Law 88-666 (78 Stat. 1110) added sec.
    501.
        \114\ Public Law 89-262 (79 Stat. 988) struck out ``which have
    arisen out of debts for merchandise furnished or services rendered by
    nationals of the United States without regard to the date on which such
    merchandise was furnished or services were rendered or'' which
    previously followed ``the Government of Cuba''.
        \115\ Public Law 89-780 (80 Stat. 1365) inserted ``, or the Chinese
    Communist regime,''.
        \116\ Public Law 89-780 (80 Stat. 1365) inserted ``in the case of
    claims against the Government of Cuba, or since October 1, 1949, in the
    case of claims against the Chinese Communist regime,''.
    ---------------------------------------------------------------------------
        Sec. 502.\117\ For the purposes of this title:
        (1) The term ``national of the United States,'' means (A) a
    natural person who is a citizen of the United States, or (B) a
    corporation or other legal entity which is organized under the
    laws of the United States, or of any States, the District of
    Columbia, or the Commonwealth of Puerto Rico, if natural
    persons who are citizens of the United States own, directly or
    indirectly, 50 per centum or more of the outstanding capital
    stock or other beneficial interest of such corporation or
    entity. The term does not include aliens.
    ---------------------------------------------------------------------------
        \117\ 22 U.S.C. 1643a. Public Law 88-666 (78 Stat. 1110) added sec.
    502.
    ---------------------------------------------------------------------------
        (2) The term ``Commission'' means the Foreign Claims
    Settlement Commission of the United States.
        (3) The term ``property'' means any property, right, or
    interest, including any leasehold interest, and debts owned by
    the Government of Cuba or the Chinese Communist regime \115\ or
    by enterprises which have been nationalized, expropriated,
    intervened, or taken by the Government of Cuba or the Chinese
    Communist regime \115\ and debts which are a charge on property
    which has been nationalized, expropriated, intervened, or taken
    by the Government of Cuba or the Chinese Communist regime.\115\
        (4) The term ``Government of Cuba'' includes the government
    of any political subdivision, agency, or instrumentality
    thereof.
        (5) \118\ The term ``Chinese Communist regime'' means the
    so-called People's Republic of China, including any political
    subdivision, agency, or instrumentality thereof.
    ---------------------------------------------------------------------------
        \118\ Sec. 2 of Public Law 89-780 (80 Stat. 1365) added para. (5).
    ---------------------------------------------------------------------------

                               receipt of claims

        Sec. 503.\119\ (a) The Commission shall receive and
    determine in accordance with applicable substantive law,
    including international law, the amount and validity of claims
    by nationals of the United States against the Government of
    Cuba \120\ or the Chinese Communist regime,\115\ arising since
    January 1, 1959, in the case of claims against the Government
    of Cuba, or since October 1, 1949, in the case of claims
    against the Chinese Communist regime,\116\ for losses resulting
    from the nationalization, expropriation, intervention, or other
    taking of, or special measures directed against, property
    including any rights or interests therein owned wholly or
    partially, directly or indirectly at the time by nationals of
    the United States, if such claims are submitted to the
    Commission within such period specified by the Commission by
    notice published in the Federal Register (which period shall
    not be more than eighteen months after such publication) within
    sixty days after the enactment of this title or sixty days
    after the enactment of the amendments made thereto with respect
    to claims against the Chinese Communist regime,\121\ or of
    legislation making appropriations to the Commission for payment
    of administrative expenses incurred in carrying out its
    functions with respect to each respective claims program
    authorized under this title, whichever date is later. In making
    the determination with respect to the validity and the amount
    of claims and value of properties, rights, or interests taken,
    the Commission shall take into account the basis of valuation
    most appropriate to the property and equitable to the claimant,
    including but not limited to, (i) fair market value, (ii) book
    value, (iii) going concern value, or (iv) cost of replacement.
    ---------------------------------------------------------------------------
        \119\ 22 U.S.C. 1643b. Public Law 88-666 (78 Stat. 1110) added sec.
    503.
        \120\ Sec. 2 of Public Law 89-262 (79 Stat. 988) struck out
    ``arising out of debts for merchandise furnished or services rendered
    by nationals of the United States without regard to the date on which
    such merchandise was furnished or services were rendered or'' which
    previously appeared at this point.
        \121\ Sec. 3 of Public Law 89-780 (80 Stat. 1365) inserted ``or
    sixty days after the enactment of the amendments made thereto with
    respect to claims against the Chinese Communist regime,''.
    ---------------------------------------------------------------------------
        (b) The Commission shall receive and determine in
    accordance with applicable substantive law, including
    international law, the amount and validity of claims by
    nationals of the United States against the Government of Cuba,
    or the Chinese Communist regime,\115\ arising since January 1,
    1959, in the case of claims against the Government of Cuba, or
    since October 1, 1949, in the case of claims against the
    Chinese Communist regime,\116\ for disability or death
    resulting from actions taken by or under the authority of the
    Government of Cuba, or the Chinese Communist regime,\115\ if
    such claims are submitted to the Commission within the period
    established by the Commission under subsection (a), or within
    six months after the date the claims first arose (as determined
    by the Commission), whichever date last occurs.

                              ownership of claims

        Sec. 504.\122\ (a) A claim shall not be considered under
    section 503(a) of this title unless the property on which the
    claim was based was owned wholly or partially, directly or
    indirectly by a national of the United States on the date of
    the loss and if considered shall be considered only to the
    extent the claim has been held by one or more nationals of the
    United States continuously thereafter until the date of filing
    with the Commission.
    ---------------------------------------------------------------------------
        \122\ 22 U.S.C. 1643c. Public Law 88-666 (78 Stat. 1111) added sec.
    504.
    ---------------------------------------------------------------------------
        (b) A claim for disability under section 503(b) may be
    considered if it is filed by the disabled person or by his
    successors in interest; and a claim for death under section
    503(b) may be considered if filed by the personal
    representative of decedent's estate or by a person or persons
    for pecuniary losses and damage sustained on account of such
    death. A claim shall not be considered under this section
    unless the disabled or deceased person was a national of the
    United States at the time of injury or death and if considered,
    shall be considered only to the extent the claim has been held
    by a national or nationals of the United States continuously
    until the date of filing with the Commission.

                                corporate claims

        Sec. 505.\123\ (a) A claim under section 503(a) of this
    title based upon an ownership interest in any corporation,
    association, or other entity which is a national of the United
    States shall not be considered. A claim under section 503(a) of
    this title based upon a debt or other obligation owing by any
    corporation, association, or other entity organized under the
    laws of the United States, or of any State, the District of
    Columbia, or the Commonwealth of Puerto Rico shall be
    considered, only when such debt or other obligation is a charge
    on property which has been nationalized, expropriated,
    intervened, or taken by the Government of Cuba, or the Chinese
    Communist regime.\124\
    ---------------------------------------------------------------------------
        \123\ 22 U.S.C. 1643d. Public Law 88-666 (78 Stat. 1111) added sec.
    505.
        \124\ Sec. 3 of Public Law 89-262 (79 Stat. 988) added this
    sentence. Subsequently, sec. 4 of Public Law 89-780 (80 Stat. 1365)
    inserted ``, or the Chinese Communist regime''.
    ---------------------------------------------------------------------------
        (b) A claim under section 503(a) of this title based upon a
    direct ownership interest in a corporation, association, or
    other entity for loss shall be considered, subject to the other
    provisions of this title, if such corporation, association, or
    other entity on the date of the loss was not a national of the
    United States, without regard to the per centum of ownership
    vested in the claimant.
        (c) A claim under section 503(a) of this title based upon
    an indirect ownership interest in a corporation, association,
    or other entity for loss shall be considered, subject to the
    other provisions of this title, only if at least 25 per centum
    of the entire ownership interest thereof at the time of such
    loss was vested in nationals of the United States.
        (d) The amount of any claim covered by subsection (b) or
    (c) of this section shall be calculated on the basis of the
    total loss suffered by such corporation, association, or other
    entity, and shall bear the same proportion to such loss as the
    ownership interest of the claimant at the time of loss bears to
    the entire ownership interest thereof.

                                    offsets

        Sec. 506.\125\ In determining the amount of any claim, the
    Commission shall deduct all amounts the claimant has received
    from any source on account of the same loss or losses.\126\
    ---------------------------------------------------------------------------
        \125\ 22 U.S.C. 1643e. Public Law 88-666 (78 Stat. 1112) added sec.
    506.
        \126\ Sec. 4 of Public Law 89-262 (79 Stat. 988) struck out ``:
    Provided, That the deduction of such amounts shall not be construed as
    divesting the United States of any rights against the Government of
    Cuba for the amounts so deducted''.
    ---------------------------------------------------------------------------

                  action of commission with respect to claims

        Sec. 507.\127\ (a) The Commission shall certify to each
    individual who has filed a claim under this title the amount
    determined by the Commission to be the loss of damage suffered
    by the claimant which is covered by this title. The Commission
    shall certify to the Secretary of State such amount and the
    basic information underlying that amount, together with a
    statement of the evidence relied upon and the reasoning
    employed in reaching its decision.
    ---------------------------------------------------------------------------
        \127\ 22 U.S.C. 1643f. Public Law 88-666 (78 Stat. 1112) added sec.
    507.
    ---------------------------------------------------------------------------
        (b) The amount determined to be due on any claim of an
    assignee who acquires the same by purchase shall not exceed
    (or, in the case of any such acquisition subsequent to the date
    of the determination, shall not be deemed to have exceeded) the
    amount of the actual consideration paid by such assignee, or in
    case of successive assignments of a claim by any assignee.

                              transfer of records

        Sec. 508.\128\ The Secretary of State shall transfer or
    otherwise make available to the Commission such records and
    documents relating to claims authorized by this title as may be
    required by the Commission in carrying out its functions under
    this title.
    ---------------------------------------------------------------------------
        \128\ 22 U.S.C. 1643g. Public Law 88-666 (78 Stat. 1112) added sec.
    508.
    ---------------------------------------------------------------------------

                           application of other laws

        Sec. 509.\129\ To the extent they are not inconsistent with
    the provisions of this title, the following provisions of title
    I of this Act shall be applicable to this title: Subsections
    (b), (c), (d), (e), (h), and (j) of section 4; subsection (f)
    of section 7.
    ---------------------------------------------------------------------------
        \129\ 22 U.S.C. 1643h. Public Law 88-666 (78 Stat. 1112) added sec.
    509.
    ---------------------------------------------------------------------------

                               settlement period

        Sec. 510.\130\ The Commission shall complete its affairs in
    connection with the settlement of claims pursuant to this title
    not later than July 6, 1972.
    ---------------------------------------------------------------------------
        \130\ 22 U.S.C. 1643i. Public Law 88-666 (78 Stat. 1112) added sec.
    510. Public Law 91-157 (83 Stat. 435) set July 6, 1972 as the final
    date for the settlement of claims pursuant to this title.
    ---------------------------------------------------------------------------

                                 appropriations

        Sec. 511.\131\ There are hereby authorized to be
    appropriated such sums as may be necessary to enable the
    Commission to pay its administration expenses incurred in
    carrying out its functions under this title.
    ---------------------------------------------------------------------------
        \131\ 22 U.S.C. 1643j. Public Law 88-666 (78 Stat. 1113) added sec.
    511. Subsequently, sec. 5 of Public Law 89-262 (79 Stat. 988) amended
    and restated sec. 511.
    ---------------------------------------------------------------------------

                               fees for services

        Sec. 512.\132\ No remuneration on account of any services
    rendered on behalf of any claimant in connection with any claim
    filed with the Commission under this title shall exceed 10 per
    centum of so much of the total amount of such claim, as
    determined under this title, as does not exceed $20,000, plus 5
    per centum of so much of such amount, if any, as exceeds
    $20,000. Any agreement to the contrary shall be unlawful and
    void. Whoever, in the United States or elsewhere, demands or
    receives on account of services so rendered, any remuneration
    in excess of the maximum permitted by this section, shall be
    fined not more than $5,000 or imprisoned not more than twelve
    months, or both.
    ---------------------------------------------------------------------------
        \132\ 22 U.S.C. 1643k. Public Law 88-666 (78 Stat. 1113) added sec.
    512.
    ---------------------------------------------------------------------------

                                  separability

        Sec. 513.\133\ If any provision of this Act, or the
    application thereof to any person or circumstances, shall be
    held invalid, the reminder of the Act, or the application of
    such provision to other persons or circumstances, shall not be
    affected.
    ---------------------------------------------------------------------------
        \133\ Public Law 88-666 (78 Stat. 1113) added sec. 513.
    ---------------------------------------------------------------------------

    determination of ownership of claims referred by district courts of the
                                 united states

        Sec. 514.\134\ Notwithstanding any other provision of this
    Act and only for purposes of section 302 of the Cuban Liberty
    and Democratic Solidarity (LIBERTAD) Act of 1996, a United
    State district court, for fact-finding purposes, may refer to
    the Commission, and the Commission may determine, questions of
    the amount and ownership of a claim by a United States national
    (as defined in section 4 of the Cuban Liberty and Democratic
    Solidarity (LIBERTAD) Act of 1996), resulting from the
    confiscation of property by the Government of Cuba described in
    section 503(a), whether or not the United States national
    qualified as a national of the United States (as defined in
    section 502(1)) at the time of the action by the Government of
    Cuba.
    ---------------------------------------------------------------------------
        \134\ 22 U.S.C. 1643l. Sec. 303(b) of Public Law 104-114 (110 Stat.
    820) added sec. 514. Sec. 303(c) of that Act provided:
        ``(c) Rule of Construction.--Nothing in this Act or in section 514
    of the International Claims Settlement Act of 1949, as added by
    subsection (b), shall be construed--
    ---------------------------------------------------------------------------

      ``(1) to require or otherwise authorize the claims of Cuban nationals who
    became United States citizens after their property was confiscated to be
    included in the claims certified to the Secretary of State by the Foreign
    Claims Settlement Commission for purposes of future negotiation and
    espousal of claims with a friendly government in Cuba when diplomatic
    relations are restored; or

      ``(2) as superseding, amending, or otherwise altering certifications that
    have been made under title V of the International Claims Settlement Act of
    1949 before the date of the enactment of this Act.''.

       exclusivity of foreign claims settlement commission certification
                                   procedure

        Sec. 515.\135\ (a) Subject to subsection (b), neither any
    national of the United States who was eligible to file a claim
    under section 503 but did not timely file such claim under that
    section, nor any person who was ineligible to file a claim
    under section 503, nor any national of Cuba, including any
    agency, instrumentality, subdivision, or enterprise of the
    Government of Cuba or any local government of Cuba, nor any
    successor thereto, whether or not recognized by the United
    States, shall have a claim to, participate in, or otherwise
    have an interest in, the compensation proceeds or nonmonetary
    compensation paid or allocated to a national of the United
    States by virtue of a claim certified by the Commission under
    section 507, nor shall any district court of the United States
    have jurisdiction to adjudicate any such claim.
    ---------------------------------------------------------------------------
        \135\ 22 U.S.C. 1643m. Sec. 304 of Public Law 104-114 (110 Stat.
    821) added sec. 515.
    ---------------------------------------------------------------------------
        (b) Nothing in subsection (a) shall be construed to detract
    from or otherwise affect any rights in the shares of capital
    stock of nationals of the United States owning claims certified
    by the Commission under section 507.

                                 TITLE VI \136\

                                purpose of title

        Sec. 600.\137\ It is the purpose of this title to provide
    for the determination of the validity and amounts of
    outstanding claims against the German Democratic Republic which
    arose out of the nationalization, expropriation, or other
    taking of (or special measures directed against) property
    interests of nationals of the United States. This title shall
    not be construed as authorizing or as any intention to
    authorize an appropriation by the United States for the purpose
    of paying such claims.
    ---------------------------------------------------------------------------
        \136\ Public Law 94-542 (90 Stat. 2509) added title VI.
        \137\ 22 U.S.C. 1644. Public Law 94-542 (90 Stat. 2509) added sec.
    600.
    ---------------------------------------------------------------------------

                                  definitions

        Sec. 601.\138\ As used in this title--
              (1) The term ``national of the United States''
            means--
    ---------------------------------------------------------------------------
        \138\ 22 U.S.C. 1644a. Public Law 94-542 (90 Stat. 2509) added sec.
    601.
    ---------------------------------------------------------------------------
                      (a) a natural person who is a citizen of the
                    United States;
                      (b) a corporation or other legal entity which
                    is organized under the laws of the United
                    States or of any State, the District of
                    Columbia, or the Commonwealth of Puerto Rico,
                    if natural persons who are citizens of the
                    United States own, directly or indirectly, 50
                    per centum or more of the outstanding capital
                    stock or other beneficial interest of such
                    corporation or entity. The term does not
                    include aliens.
              (2) The term ``Commission'' means the Foreign Claims
            Settlement Commission of the United States.
              (3) The term ``property'' means any property, right,
            or interest, including any lease-hold interest, and
            debts owed by enterprises which have been nationalized,
            expropriated, or taken by the German Democratic
            Republic for which no restoration or no adequate
            compensation has been made to the former owners of such
            property.
              (4) The term ``German Democratic Republic'' includes
            the government of any political subdivision, agency, or
            instrumentality thereof or under its control.
              (5) The term ``Claims Fund'' is the special fund
            established in the Treasury of the United States
            composed of such sums as may be paid to the United
            States by the German Democratic Republic pursuant to
            the terms of any agreement settling such claims that
            may be entered into by the Governments of the United
            States and the German Democratic Republic.

                      receipt and determination of claims

        Sec. 602.\139\ The Commission shall receive and determine
    in accordance with applicable substantive law, including
    international law, the validity and amounts of claims by
    nationals of the United States against the German Democratic
    Republic for losses arising as a result of the nationalization,
    expropriation, or other taking of (or special measures directed
    against) property, including any rights or interests therein,
    owned wholly or partially, directly or indirectly, at the time
    by nationals of the United States whether such losses occurred
    in the German Democratic Republic or in East Berlin. Such
    claims must be submitted to the Commission within the period
    specified by the Commission by notice published in the Federal
    Register (which period shall not be more than twelve months
    after such publication) within sixty days after the enactment
    of this title or of legislation making appropriations to the
    Commission for payment of administrative expenses incurred in
    carrying out its functions under this title, whichever date is
    later.
    ---------------------------------------------------------------------------
        \139\ 22 U.S.C. 1644b. Public Law 94-542 (90 Stat. 2510) added sec.
    602.
    ---------------------------------------------------------------------------

                              ownership of claims

        Sec. 603.\140\ A claim shall not be favorably considered
    under section 602 of this title unless the property right on
    which it is based was owned, wholly or partially, directly or
    indirectly, by a national of the United States on the date of
    loss and if favorably considered, the claim shall be considered
    only if it has been held by one or more nationals of the United
    States continuously from the date that the loss occurred until
    the date of filing with the Commission.
    ---------------------------------------------------------------------------
        \140\ 22 U.S.C. 1644c. Public Law 94-542 (90 Stat. 2510) added sec.
    603.
    ---------------------------------------------------------------------------

                                corporate claims

        Sec. 604.\141\ (a) A claim under section 602 of this title
    based upon an ownership interest in any corporation,
    association, or other entity which is a national of the United
    States, shall not be considered. A claim under section 602 of
    this title based upon a debt or other obligation owing by any
    corporation, association, or other entity organized under the
    laws of the United States, or of any State, the District of
    Columbia, or the Commonwealth of Puerto Rico shall be
    considered only when such debt or other obligation is a charge
    on property which has been nationalized, expropriated, or taken
    by the German Democratic Republic.
    ---------------------------------------------------------------------------
        \141\ 22 U.S.C. 1644d. Public Law 94-542 (90 Stat. 2510) added sec.
    604.
    ---------------------------------------------------------------------------
        (b) A claim under section 602 of this title based upon a
    direct ownership interest in a corporation, association, or
    other entity for loss, shall be considered subject to the
    provisions of this title, if such corporation, association or
    other entity on the date of the loss was not a national of the
    United States, without regard to the per centum of ownership
    vested in the claimant.
        (c) A claim under section 602 of this title for losses
    based upon an indirect ownership interest in a corporation,
    association, or other entity, shall be considered, subject to
    the other provisions of this title, only if at least 25 per
    centum of the entire ownership interest thereof, at the time of
    such loss, was vested in nationals of the United States.
        (d) The amount of any claim covered by subsections (b) or
    (c) of this section shall be calculated on the basis of the
    total loss suffered by such corporation, association, or other
    entity, and shall bear the same proportion to such loss as the
    ownership interest of the claimant at the time of loss bears to
    the entire ownership interest thereof.

                                    offsets

        Sec. 605.\142\ In determining the amount of any claim, the
    Commission shall deduct all amounts the claimant has received
    from any source on account of the same loss or losses,
    including any amount claimant received under section 202(a) of
    the War Claims Act of 1948, as amended, for losses which
    occurred as a direct consequence of special measures directed
    against such property in any area covered under this title.
    ---------------------------------------------------------------------------
        \142\ 22 U.S.C. 1644e. Public Law 94-542 (90 Stat. 2511) added sec.
    605.
    ---------------------------------------------------------------------------

                              consolidated awards

        Sec. 606.\143\ With respect to any claim under section 602
    of this title which, at the time of the award, is vested in
    persons other than the person by whom the original loss was
    sustained, the Commission shall issue a consolidated award in
    favor of all claimants then entitled thereto, which award shall
    indicate the respective interests of such claimants therein,
    and all such claimants shall participate, in proportion to
    their indicated interests, in any payments that may be made
    under this title in all respects as if the award had been in
    favor of a single person.
    ---------------------------------------------------------------------------
        \143\ 22 U.S.C. 1644f. Public Law 94-542 (90 Stat. 2511) added sec.
    606.
    ---------------------------------------------------------------------------

                                  claims fund

        Sec. 607.\144\ (a) The Secretary of the Treasury is hereby
    authorized to establish in the Treasury of the United States a
    fund to be designated the Claims Fund as defined under section
    601(5) for the payment of unsatisfied claims of nationals of
    the United States against the German Democratic Republic as
    authorized in this title.
    ---------------------------------------------------------------------------
        \144\ 22 U.S.C. 1644g. Public Law 94-542 (90 Stat. 2511) added sec.
    607.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury shall deduct from any
    amounts covered into the Claims Fund, an amount equal to 5 per
    centum thereof as reimbursement to the Government of the United
    States for expenses incurred by the Commission and by the
    Treasury Department in the administration of this title. The
    amounts so deducted shall be covered into the Treasury to the
    credit of miscellaneous receipts.

                            award payment procedures

        Sec. 608.\145\ (a) The Commission shall certify to the
    Secretary of the Treasury, in terms of United States currency,
    each award made pursuant to section 602 of this title.
    ---------------------------------------------------------------------------
        \145\ 22 U.S.C. 1644h. Public Law 94-542 (90 Stat. 2511) added sec.
    608.
    ---------------------------------------------------------------------------
        (b) Upon certification of such award, the Secretary of the
    Treasury is authorized and directed, out of the sums covered
    into the Claims Fund, to make payments on account of such
    awards as follows, and in the following order of priority:
              (1) payment in full of the principal amount of each
            award of $1,000 or less;
              (2) payment in the amount of $1,000 on account of the
            principal amount of each award of more than $1,000 in
            principal amount;
              (3) thereafter, payments from time to time, in
            ratable proportions, on account of the unpaid balance
            of the principal amounts of all awards according to the
            proportions which the unpaid balance of such awards
            bear to the total amount in the fund available for
            distribution at the time such payments are made;
              (4) after payment has been made in full of the
            principal amounts of all awards, pro rata payments may
            be made on account of any interest that may be allowed
            on such awards;
              (5) payments or applications for payments shall be
            made in accordance with such regulations as the
            Secretary of the Treasury may prescribe.

                               settlement period

        Sec. 609.\146\ The Commission shall complete its affairs in
    connection with the settlement of claims pursuant to this title
    not later than three years following the final date for the
    filing of claims as provided in section 602 of this title.
    ---------------------------------------------------------------------------
        \146\ 22 U.S.C. 1644i. Public Law 94-542 (90 Stat. 2512) added sec.
    609.
    ---------------------------------------------------------------------------

                              transfer of records

        Sec. 610.\147\ The Secretary of State is authorized and
    directed to transfer or otherwise make available to the
    Commission such records and documents relating to claims
    authorized by this title as may be required by the Commission
    in carrying out its functions under this title.
    ---------------------------------------------------------------------------
        \147\ 22 U.S.C. 1644j. Public Law 94-542 (90 Stat. 2512) added sec.
    610.
    ---------------------------------------------------------------------------

                                 appropriations

        Sec. 611.\148\ There are hereby authorized to be
    appropriated such sums as may be necessary to enable the
    Commission and the Treasury Department to pay their respective
    administrative expenses incurred in carrying out their
    functions under this title.
    ---------------------------------------------------------------------------
        \148\ 22 U.S.C. 1644k. Public Law 94-542 (90 Stat. 2512) added sec.
    611.
    ---------------------------------------------------------------------------

                               fees for services

        Sec. 612.\149\ No remuneration on account of services
    rendered on behalf of any claimant, in connection with any
    claim filed with the Commission under this title, shall exceed
    10 per centum of the total amount paid pursuant to any award
    certified under the provisions of this title on account of such
    claims. Any agreement to the contrary shall be unlawful and
    void. Whoever, in the United States or elsewhere demands or
    receives, on account of services so rendered, any remuneration
    in excess of the maximum permitted by this section shall be
    guilty of a misdemeanor, and, upon conviction thereof, shall be
    fined not more than $5,000 or imprisoned not more than twelve
    months, or both.
    ---------------------------------------------------------------------------
        \149\ 22 U.S.C. 1644l. Public Law 94-542 (90 Stat. 2512) added sec.
    612.
    ---------------------------------------------------------------------------

                           application of other laws

        Sec. 613.\150\ To the extent they are not inconsistent with
    the provisions of this title, the following provisions of title
    I of the Act shall be applicable to this title: subsections
    (b), (c), (d), (e), (h), and (j) of section 4; subsections (c),
    (d), (e), and (f) of section 7.
    ---------------------------------------------------------------------------
        \150\ 22 U.S.C. 1644m. Public Law 94-542 (90 Stat. 2512) added sec.
    613.
    ---------------------------------------------------------------------------

                                  separability

        Sec. 614.\151\ If any provisions of this Act or the
    application thereof to any person or circumstances shall be
    held invalid, the remainder of the Act or the application of
    such provision to other persons or circumstances shall not be
    affected.
    ---------------------------------------------------------------------------
        \151\ 22 U.S.C. 1644 note. Public Law 94-542 (90 Stat. 2512) added
    sec. 614.
    ---------------------------------------------------------------------------

                                    protests

        Sec. 615.\152\ Notwithstanding the provision of sections
    210 and 211 of the War Claims Act of 1948 (Act of July 3,
    1948), as amended by Public Law 87-846, the Foreign Claims
    Settlement Commission established by Reorganization Plan No. 1
    of 1954 (68 Stat. 1279) is authorized and directed to receive
    and consider protests relating to awards made by the Commission
    during the ten calendar days immediately preceding the
    expiration of the Commission's mandate to make such awards on
    May 17, 1967. Any such protests must be filed within ninety
    days after notice of the enactment of this provision is filed
    with and published in the Federal Register, which shall take
    place within thirty days of enactment. Such protests may
    include the submission of new evidence not previously before
    the Commission, and shall be acted upon within thirty days
    after receipt by the Commission. The Commission may modify
    awards made during the subject period in accordance with the
    procedures established by the War Claims Act of 1948, and any
    increases in awards determined to be appropriated by the
    Commission shall be certified to and paid by the Secretary of
    the Treasury out of funds which are now or may hereafter become
    available in the War Claims Fund in accordance with section 213
    of the Act.
    ---------------------------------------------------------------------------
        \152\ 22 U.S.C. 1623 note. Public Law 94-542 (90 Stat. 2512) added
    sec. 615.
    ---------------------------------------------------------------------------

                                TITLE VII \153\

                                purpose of title

        Sec. 701.\154\ It is the purpose of this title to provide
    for the determination of the validity and amounts of
    outstanding claims against Vietnam which arose out of the
    nationalization, expropriation, or other taking of (or special
    measures directed against) property of nationals of the United
    States. This title shall not be construed as authorizing or as
    any intention to authorize an appropriation by the United
    States for the purpose of paying such claims.
    ---------------------------------------------------------------------------
        \153\ Public Law 96-606 (94 Stat. 3534) added title VII.
        \154\ 22 U.S.C. 1645. Public Law 96-606 (94 Stat. 3534) added sec.
    701.
    ---------------------------------------------------------------------------

                                  definitions

        Sec. 702.\155\ As used in this title--
              (1) the term ``national of the United States''
            means--
    ---------------------------------------------------------------------------
        \155\ 22 U.S.C. 1645a. Public Law 96-606 (94 Stat. 3534) added sec.
    702.
    ---------------------------------------------------------------------------
                      (A) a natural person who is citizen of the
                    United States; and
                      (B) a corporation or other legal entity which
                    is organized under the laws of the United
                    States or of any State, the District of
                    Columbia, or the Commonwealth of Puerto Rico,
                    if natural persons who are citizens of the
                    United States own, directly, or indirectly, 50
                    per centum or more of the outstanding capital
                    stock or other beneficial interest of such
                    corporation or entity;
              (2) the term ``Commission'' means the Foreign Claims
            Settlement Commission of the United States;
              (3) the term ``property'' means--
                      (A) any property, right, or interest,
                    including any lease-hold interest,
                      (B) any debt owed by Vietnam or by any
                    enterprise which has been nationalized,
                    expropriated, or otherwise taken by Vietnam,
                    and
                      (C) any debt which is a charge on property
                    which has been nationalized, expropriated, or
                    otherwise taken by Vietnam;
              (4) the term ``Vietnam'' means--
                      (A) the Government of the Socialistic
                    Republic of Vietnam,
                      (B) any predecessor governing authority
                    operating in South Vietnam on or after April
                    29, 1975, including the Provisional
                    Revolutionary Government of South Vietnam,
                      (C) the Government of the former Democratic
                    Republic of Vietnam, and
                      (D) any political subdivision, agency, or
                    instrumentality of any of the entities referred
                    to in subparagraphs (A), (B), and (C); and
              (5) the term ``Claims Fund'' means the special fund
            established in the Treasury of the United States
            composed of such sums as may be paid to or realized by
            the United States pursuant to the terms of any
            agreement settling those claims described in section
            703 that may be entered into between the Governments of
            the United States and Vietnam.

                      receipt and determination of claims

        Sec. 703.\156\ The Commission shall receive and determine
    in accordance with applicable substantive law, including
    international law, the validity and amounts of claims by
    nationals of the United States against Vietnam arising on or
    after April 29, 1975, for losses incurred as a result of the
    nationalization, expropriation, or other taking of (or special
    measures directed against) property which, at the time of such
    nationalization, expropriation, or other taking, was owned
    wholly or partially, directly, or indirectly, by nationals of
    the United States to whom no restoration or adequate
    compensation for such property has been made. Such claims must
    be submitted to the Commission within the period specified by
    the Commission by notice published in the Federal Register
    (which period shall not be more than a period of two years
    beginning on the date of such publication) within sixty days
    after the date of the enactment of this title or of legislation
    making appropriations to the Commission for payment of
    administrative expenses incurred in carrying out its functions
    under this title, whichever date is later.
    ---------------------------------------------------------------------------
        \156\ 22 U.S.C. 1645b. Public Law 96-606 (94 Stat. 3535) added sec.
    703.
    ---------------------------------------------------------------------------

                              ownership of claims

        Sec. 704.\157\ A claim may be favorably considered under
    section 703 of this Act only if the property right on which it
    is based was owned, wholly or partially, directly, or
    indirectly, by a national of the United States on the date of
    loss and only to the extent that the claim has been held by one
    or more nationals of the United States continuously from the
    date that the loss occurred until the date of filing with the
    Commission.
    ---------------------------------------------------------------------------
        \157\ 22 U.S.C. 1645c. Public Law 96-606 (94 Stat. 3535) added sec.
    704.
    ---------------------------------------------------------------------------

                                corporate claims

        Sec. 705.\158\ (a) A claim under section 703 of this Act
    based upon an ownership interest in any corporation,
    association, or other entity which is a national of the United
    States may not be considered. A claim under section 703 based
    upon a debt of other obligation owing by any corporation,
    association, or other entity organized under the laws of the
    United States, or of any State, the District of Columbia, or
    the Commonwealth of Puerto Rico may be considered only if such
    debt or other obligation is a charge on property which has been
    nationalized, expropriated, or otherwise taken by Vietnam.
    ---------------------------------------------------------------------------
        \158\ 22 U.S.C. 1645d. Public Law 96-606 (94 Stat. 3535) added sec.
    705.
    ---------------------------------------------------------------------------
        (b) A claim under section 703 based upon a direct ownership
    interest in a corporation, association, or other entity may be
    considered, subject to the other provisions of this title, if
    such corporation, association, or other entity on the date of
    the loss was not a national of the United States, without
    regard to the per centum of ownership vested in the claimant.
        (c) A claim under section 703 based upon an indirect
    ownership interest in a corporation, association, or other
    entity may be considered, subject to the other provisions of
    this title, only if at least 25 per centum of the entire
    ownership interest thereof, at the time of such loss, was
    vested in nationals of the United States or if, at the time of
    the loss, nationals of the United States in fact controlled the
    corporation, association, or entity, as determined by the
    Commission.
        (d) The amount of any claim covered by subsection (b) or
    (c) of this section shall be calculated on the basis of the
    total loss suffered by the corporation, association, or other
    entity, with respect to which the claim is made, and shall bear
    the same proportion to such loss as the ownership interest of
    the claimant at the time of loss bears to the entire ownership
    interest thereof.

                                    offsets

        Sec. 706.\159\ In determining the amount of any claim under
    this title, the Commission shall deduct all amounts the
    claimant has received from any source on account of the same
    loss or losses for which the claim is filed.
    ---------------------------------------------------------------------------
        \159\ 22 U.S.C. 1645e. Public Law 96-606 (94 Stat. 3536) added sec.
    706.
    ---------------------------------------------------------------------------

                         certification; assigned claims

        Sec. 707.\160\ (a) The Commission shall certify to each
    claimant who files a claim under this title the amount
    determined by the Commission to be the loss suffered by the
    claimant which is covered by this title. The Commission shall
    certify to the Secretary of State such amount and the basic
    information underlying that amount, together with a statement
    of the evidence relied upon and the reasoning employed in
    making that determination.
    ---------------------------------------------------------------------------
        \160\ 22 U.S.C. 1645f. Public Law 96-606 (94 Stat. 3536) added sec.
    707.
    ---------------------------------------------------------------------------
        (b) In any case in which a claim under this title is
    assigned by purchase before the Commission determines the
    amount due on that claim, the amount so determined shall not
    exceed the amount of actual consideration paid by the last such
    assignee.

                              consolidated awards

        Sec. 708.\161\ With respect to any claim under section 703
    of this Act which, at the time of the award, is vested in
    persons other than the person by whom the original loss was
    sustained, the Commission shall issue a consolidated award in
    favor of all claimants then entitled to the award, which award
    shall indicate the respective interests of such claimants in
    the award, and all such claimants shall participate, in
    proportion to their indicated interests, in any payments that
    may be made under this title in all respects as if the award
    has been in favor of a single person.
    ---------------------------------------------------------------------------
        \161\ 22 U.S.C. 1645g. Public Law 96-606 (94 Stat. 3536) added sec.
    708.
    ---------------------------------------------------------------------------

                                  claims fund

        Sec. 709.\162\ (a) The Secretary of the Treasury may
    establish in the Treasury of the United States the Claims Fund
    for the payment of unsatisfied claims of nationals of the
    United States against Vietnam, as authorized by this title.
    ---------------------------------------------------------------------------
        \162\ 22 U.S.C. 1645h. Public Law 96-606 (94 Stat. 3536) added sec.
    709.
    ---------------------------------------------------------------------------
        (b) The Secretary of the Treasury shall deduct from any
    amounts covered into the Claims Fund an amount equal to 5 per
    centum thereof as reimbursement to the Government of the United
    States for expenses incurred by the Commission and by the
    Treasury Department in the administration of this title. The
    amounts so deducted shall be covered into the Treasury as
    miscellaneous receipts.

                            award payment procedures

        Sec. 710.\163\ (a) The Commission shall certify to the
    Secretary of the Treasury, in terms of United States currency,
    each award made pursuant to section 703 of this Act.
    ---------------------------------------------------------------------------
        \163\ 22 U.S.C. 1645i. Public Law 96-606 (94 Stat. 3537) added sec.
    710.
    ---------------------------------------------------------------------------
        (b)(1) Upon certification of each award made pursuant to
    section 703, the Secretary of the Treasury shall, out of the
    sums covered into the Claims Fund, make payments on account of
    such awards as follows, and in the following order or priority:
              (A) Payment in the amount of $2,500 or the principal
            amount of the award, whichever is less.
              (B) Thereafter, payments from time to time, in
            ratable proportions, on account of the unpaid balance
            of the principal amounts of all awards according to the
            proportions which the unpaid balance of such awards
            bear to the total amount in the Claims Fund available
            for distribution at the time such payments are made.
        (2) After payment has been made in full of the principal
    amounts of all awards pursuant to paragraph (1), pro rata
    payments may be made on account of any interest that may be
    allowed on such awards.
        (c) Payments or applications for payments under subsection
    (b) shall be made in accordance with such regulations as the
    Secretary of the Treasury may prescribe.

                               settlement period

        Sec. 711.\164\ The Commission shall complete its affairs in
    connection with the settlement of claims pursuant to this title
    not later than three years after the final date for the filing
    of claims as provided in section 703 of this Act.
    ---------------------------------------------------------------------------
        \164\ 22 U.S.C. 1645j. Public Law 96-606 (94 Stat. 3537) added sec.
    711.
    ---------------------------------------------------------------------------

                              transfer of records

        Sec. 712.\165\ The Secretary of State, the Secretary of the
    Treasury, and the Secretary of Defense shall transfer or
    otherwise make available to the Commission such records and
    documents relating to claims authorized by this title as may be
    required by the Commission in carrying out its functions under
    this title.
    ---------------------------------------------------------------------------
        \165\ 22 U.S.C. 1645k. Public Law 96-606 (94 Stat. 3537) added sec.
    712.
    ---------------------------------------------------------------------------

                        authorization of appropriations

        Sec. 713.\166\ There are authorized to be appropriated for
    any fiscal year beginning on or after October 1, 1980, such
    sums as may be necessary to enable the Commission and the
    Treasury Department to pay their respective administrative
    expenses incurred in carrying out their functions under this
    title. Amounts appropriated under this section may remain
    available until expended.
    ---------------------------------------------------------------------------
        \166\ 22 U.S.C. 1645l. Public Law 96-606 (94 Stat. 3537) added sec.
    713.
    ---------------------------------------------------------------------------

                               fees for services

        Sec. 714.\167\ No remuneration on account of services
    rendered on behalf of any claimant, in connection with any
    claim filed with the Commission under this title, shall exceed
    10 per centum of the total amount paid pursuant to any award
    certified under the provisions of this title on account of such
    claim. Any agreement to the contrary shall be unlawful and
    void. Whoever, in the United States or elsewhere, demands or
    receives, on account of services so rendered, any remuneration
    in excess of the maximum permitted by this section shall be
    guilty of a misdemeanor and, upon conviction thereof, shall be
    fined not more than $5,000 or imprisoned not more than twelve
    months, or both.
    ---------------------------------------------------------------------------
        \167\ 22 U.S.C. 1645m. Public Law 96-606 (94 Stat. 3537) added sec.
    714.
    ---------------------------------------------------------------------------

                   application of other provisions of the act

        Sec. 715.\168\ (a) To the extent they are not inconsistent
    with the provisions of this title, the following provisions of
    title I of this Act shall be applicable to this title:
    subsections (b), (c), (d), (e), and (h) of section 4 and
    subsections (c), (d), (e), and (f) of section 7. Any reference
    in such provisions to ``this title'' shall be deemed to be a
    reference to those provisions and to this title.
    ---------------------------------------------------------------------------
        \168\ 22 U.S.C. 1645n. Public Law 96-606 (94 Stat. 3538) added sec.
    715.
    ---------------------------------------------------------------------------
        (b) Except as otherwise provided in this title and in those
    provisions of title I referred to in subsection (a), the
    Commission shall comply with the provisions of subchapter II of
    chapter 5, and the provisions of chapter 7, of title 5, United
    States Code.

                                  separability

        Sec. 716.\169\ If any provision of this title or the
    application thereof to any person or circumstances is held
    invalid, the remainder of this title or the application of such
    provision to other persons or circumstances shall not be
    affected.
    ---------------------------------------------------------------------------
        \169\ 22 U.S.C. 1645o. Public Law 96-606 (94 Stat. 3538) added sec.
    716.
                           b. Iran Claims Settlement

     Partial text of Public Law 99-93 [H.R. 2068], 99 Stat. 437, approved
                                August 16, 1985

     AN ACT To authorize appropriations for fiscal years 1986 and 1987 for
      the Department of State, the United States Information Agency, the
         Board for International Broadcasting, and for other purposes.

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

    SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

        (a) Short Title.--This Act may be cited as the ``Foreign
    Relations Authorization Act, Fiscal Years 1986 and 1987''.
        (b) * * *
              * * * * * * *

                        TITLE V--IRAN CLAIMS SETTLEMENT

    SEC. 501.\1\ RECEIPT AND DETERMINATION OF CERTAIN CLAIMS.

        (a) Authority of Foreign Claims Settlement Commission.--The
    Foreign Claims Settlement Commission of the United States is
    authorized to receive and determine the validity and amounts of
    claims by nationals of the United States against Iran which are
    settled en bloc by the United States. In deciding such claims,
    the Commission shall apply, in the following order--
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1701 note.
    ---------------------------------------------------------------------------
              (1) the terms of any settlement agreement;
              (2) the relevant provisions of the Declarations of
            the Government of the Democratic and Popular Republic
            of Algeria of January 19, 1981, giving consideration to
            interpretations thereof by the Iran-United States
            Claims Tribunal; and
              (3) applicable principles of international law,
            justice, and equity.
    Except as otherwise provided in this title, the provisions of
    title I of the International Claims Settlement Act of 1949 (22
    U.S.C. 1621 et seq.) shall apply with respect to claims under
    this section. Any reference in such provisions to ``this
    title'' shall be deemed to refer to those provisions and to
    this section.
        (b) Certification and Payment.--The Commission shall
    certify to the Secretary of the Treasury any awards determined
    pursuant to subsection (a) in accordance with section 5 of
    title I of the International Claims Settlement Act of 1949 (22
    U.S.C. 1624). Such awards shall be paid in accordance with
    sections 7 and 8 of such title (22 U.S.C. 1626 and 1627),
    except that--
              (1) the Secretary of the Treasury is authorized to
            make payments pursuant to paragraphs (1) and (2) of
            section 8(c) of such title in the amount of $10,000 or
            the principal amount of the award, whichever is less;
            and
              (2) the Secretary of the Treasury may deduct,
            pursuant to section 7(b) of such title, an amount
            calculated in accordance with section 502(a) of this
            Act, instead of 5 percent of payments made pursuant to
            section 8(c) of such title.

    SEC. 502.\1\ DEDUCTIONS FROM ARBITRAL AWARDS

        (a) Deduction for Expenses of the United States.--Except as
    provided in section 503, the Federal Reserve Bank of New York
    shall deduct from the aggregate amount awarded under each
    enumerated claim before the Iran-United States Claims Tribunal
    in favor of a United States claimant, an amount equal to 1\1/2\
    percent of the first $5,000,000 and 1 percent of any amount
    over $5,000,000, as reimbursement against Iran before the
    Tribunal and the maintenance of the Security Account
    established pursuant to the Declarations of the Democratic and
    Popular Republic of Algeria of January 19, 1981. The Federal
    Reserve Bank of New York shall made the deduction required by
    the preceding sentence whenever the Bank receives an amount
    from the Security Account in satisfaction of an award rendered
    by the Iran-United States Claim Tribunal on the enumerated
    claim involved.
        (b) Deduction Treated as Miscellaneous Receipt.--Amounts
    deducted by the Federal Reserve Bank of New York pursuant to
    subsection (a) shall be deposited into the Treasury of the
    United States to the credit of miscellaneous receipts.
        (c) Payment to United States Claimants.--Nothing in this
    section shall be construed to effect the payment to United
    States claimants of amounts received by the Federal Reserve
    Bank of New York in respect of awards by the Iran-United States
    Claims Tribunal, after deduction of the amounts calculated in
    accordance with subsection (a).
        (d) Effective Date.--This section shall be effective as of
    June 7, 1982.

    SEC. 503.\1\ BLOC SETTLEMENT.

        The deduction by the Federal Reserve Bank of New York
    provided for in section 502(a) of this Act shall not apply in
    the case of a sum received by the Bank pursuant to an en bloc
    settlement of any category of claims of United States nationals
    against Iran when such sum is to be used for payments in
    satisfaction of awards certified by the Foreign Claims
    Settlement Commission pursuant to section 501(b) of this Act.

    SEC. 504.\1\ REIMBURSEMENT TO THE FEDERAL RESERVE BANK OF NEW YORK.

        The Secretary of the Treasury may reimburse the Federal
    Reserve Bank of New York for expenses incurred by the Bank in
    the performance of fiscal agency agreements relating to the
    settlement or arbitration of claims pursuant to the
    Declarations of the Democratic and Popular Republic of Algeria
    of January 19, 1981.

    SEC. 505.\1\ CONFIDENTIALITY OF RECORDS.

        Notwithstanding section 552 of title 5, United States Code
    (commonly referred to as the Freedom of Information Act),
    records pertaining to the arbitration of claims before the
    Iran-United States Claims Tribunal may not be disclosed to the
    general public, except that--
              (1) rules, awards, and other decisions of the
            Tribunal and claims and responsive pleadings filed at
            the Tribunal by the United States on its own behalf
            shall be made available to the public, unless the
            Secretary of State determines that public disclosure
            would be prejudicial to the interests of the United
            States or United States claimants in proceedings before
            the Tribunal, or that public disclosure would be
            contrary to the rules of the Tribunal; and
              (2) the Secretary of State may determine on case-by-
            case basis to make such information available when in
            the judgment of the Secretary the interests of justice
            so require.
              * * * * * * *
                c. Czechoslovakian Claims Settlement Act of 1981

     Public Law 97-127 [S. 1946], 95 Stat. 1675, approved December 29, 1981

     AN ACT To provide for the final settlement of certain claims against
                    Czechoslovakia, and for other purposes.

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

                                  short title

        Section 1.\1\ This Act may be cited as the
    ``Czechoslovakian Claims Settlement Act of 1981''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. note prec. 1642.  See also title IV of the
    International Claims Settlement Act of 1949 (Public Law 81-455; 22
    U.S.C. 1642-1642q) for additional legislation on claims against
    Czechoslovakia.
    ---------------------------------------------------------------------------

                             approval of agreement

        Sec. 2. (a) The Congress hereby approves the Agreement
    between the Government of the United States of America and the
    Government of the Czechoslovak Socialist Republic on the
    Settlement of Certain Outstanding Claims and Financial Issues,
    initiated at Prague, Czechoslovakia on November 6, 1981.
        (b) The President may, without further approval by the
    Congress, execute such technical revisions of the Agreement
    approved by subsection (a) of this section as in his judgment
    may from time to time be required to facilitate the
    implementation of that Agreement. Nothing in this subsection
    shall be construed to authorize any revision of that Agreement
    to reduce any amount to be paid by the Government of the
    Czechoslovak Socialist Republic to the United States Government
    under the Agreement, or to defer the payment of any such
    amount.

                                  definitions

        Sec. 3. For the purposes of this Act--
              (1) ``Agreement'' means the Agreement on the
            Settlement of Certain Outstanding Claims and Financial
            Issues approved by section 2(a) of this Act;
              (2) ``national of the United States'' has the meaning
            given such term by section 401(1) of the International
            Claims Settlement Act of 1949;
              (3) ``Commission'' means the Foreign Claims
            Settlement Commission of the United States;
              (4) ``Fund'' means the Czechoslovakian Claims Fund
            established by section 402(b) of the International
            Claims Settlement Act of 1949;
              (5) ``Secretary'' means the Secretary of the
            Treasury; and
              (6) ``property'' means any property, right, or
            interest.

                                    the fund

        Sec. 4. (a) The Secretary shall cover into the Fund the
    amount paid by the Government of the Czechoslovak Socialist
    Republic in settlement and discharge of claims of nationals of
    the United States pursuant to article 1(1) of the Agreement,
    and shall deduct from that amount $50,000 for reimbursement to
    the United States Government for expenses incurred by the
    Department of the Treasury and the Commission in the
    administration of this Act and title IV of the International
    Claims Settlement Act of 1949. The amount so deducted shall be
    covered into the Treasury to the credit of miscellaneous
    receipts. The deduction required by this subsection shall be
    made in lieu of the deduction provided in section 402(e) of the
    International Claims Settlement Act of 1949; however, it is the
    sense of the Congress that the United States Government is
    entitled to a larger percentage of the total award (generally
    presumed to be 5 percent) and that the ex gratia payment
    hereinafter provide to certain claimants, who were otherwise
    excluded from sharing in this claims settlement under general-
    accepted principles of international law and United States
    practice, is justified only by the extraordinary circumstances
    of this case and does not establish any precedent for future
    claims negotiations or payments.
        (b) The Secretary shall establish three accounts in the
    Fund into which the amount covered into the Fund pursuant to
    subsection (a) of this section, less the deduction required by
    that subsection, shall be covered as follows:
              (1) An account into which $74,550,000 shall be
            covered, to be available for payment in accordance with
            section 8 of this Act on account of awards certified
            pursuant to section 410 of the International Claims
            Settlement Act of 1949.
              (2) An account into which $1,500,000 shall be
            covered, to be available for payment in accordance with
            section 8 of this Act on account of awards determined
            pursuant to section 5 of this Act.
              (3) An account into which the remainder of amounts in
            the Fund shall be covered, to be available for payment
            in accordance with section 8 of this Act on account of
            awards determined pursuant to section 6 of this Act.

                        determination of certain claims

        Sec. 5. (a) The Commission shall receive and determine, in
    accordance with applicable substantive law, including
    international law, the validity and amount of claims by
    nationals of the United States against the Government of the
    Czechoslovak Socialist Republic of losses resulting from the
    nationalization or other taking of property owned at the time
    by nationals of the United States, which nationalization or
    other taking occurred between August 8, 1958, and the date of
    which the Agreement enters into force. In making the
    determination with respect to the validity and amount of any
    such claim and the value of the property taken, the Commission
    is authorized to accept the fair or proved value of such
    property as of the time when the property taken was last
    operated, used, managed, or controlled by the national or
    nationals of the United States asserting the claim, regardless
    of whether such time is prior to the actual date of
    nationalization or other taking by the Government of the
    Czechoslovak Socialist Republic.
        (b) The Commission shall certify to the Secretary the
    amount of any award determined pursuant to subsection (a).

                         determination of other claims

        Sec. 6. (a)(1) The Congress finds that--
              (A) in the case of certain persons holding claims
            against the Czechoslovakian Government who became
            nationals of the United States by February 26, 1948,
            the date on which the current Communist Government of
            Czechoslovakia assumed power; and
              (B) while the Commission had the authority to deny
            those claims described in subparagraph (A) on the basis
            that the properties involved had been taken by the
            Benes Government while the claimants were not yet
            nationals of the United States, the effect of that
            denial is to withhold compensation to persons who have
            been United States citizens for many years and whose
            expropriated property has benefited the Communist
            Government of Czechoslovakia no less than properties
            expropriated more directly and clearly by the Communist
            Government.
        (2)(A) It is therefore the purpose of this section, in
    accordance with the intent of the Congress in enacting title IV
    of the International Claims Settlement Act of 1949 and in the
    interests of equity, to make ex gratia payments to the
    claimants described in paragraph (1) of this subsection.
        (B) The Congress reaffirms the principle and practice of
    the United States to seek compensation from foreign governments
    on behalf only of persons who were nationals of the United
    States at the time they sustained losses by the nationalization
    or other taking of their property by those foreign governments.
    In making payments under this section, the Congress does not
    establish any precedent for future claims payments.
        (b) The Commission shall reopen and redetermine the
    validity and amounts of any claim against the Government of
    Czechoslovakia which was filed with the Commission in
    accordance with the provisions of title IV of the International
    Claims Settlement Act of 1949, which was based on property
    found by the Commission to have been nationalized or taken by
    the Government of Czechoslovakia on or after January 1, 1945,
    and before February 26, 1948, and which was denied by the
    Commission because such property was not owned by a person who
    was a national of the United States on the date of such
    nationalization or taking. The provisions of section 405 of the
    International Claims Settlement Act of 1949 requiring that the
    property upon which a claim is based must have been owned by a
    national of the United States on the date of nationalization or
    other taking by the Government of Czechoslovakia shall be
    deemed to be met if such property was owned on such date by a
    person who became a national of the United States on or before
    February 26, 1948. The Commission shall certify to the
    Secretary the amount of any award determined pursuant to this
    subsection.

                                   procedures

        Sec. 7. (a) The provisions of sections 401, 403, 405, 406,
    407, 408, 409, 414, 415, and 416 of the International Claims
    Settlement Act of 1949, to the extent that such provisions are
    not inconsistent with this Act, together with such regulations
    as the Commission may prescribe, shall apply with respect to
    any claim determined pursuant to section 5(a) of this Act or
    redetermined pursuant to section 6(b) of this Act.
        (b) Not later than sixty days after the date of the
    enactment of this Act, the Commission shall establish and
    publish in the Federal Register a period of time within which
    claims described in section 5 of the Act must be filed with the
    Commission, and the date for the completion of the Commission's
    affairs in connection with the determination of those such
    claims and claims described in section 6 of this Act. Such
    filing period shall be not more than one year after the date of
    such publication in the Federal Register, and such completion
    date shall be not more than two years after the final date for
    the filing of claims under section 5. No person holding a claim
    to which section 6 of this Act applies shall be required to
    refile that claim before the Commission makes the
    redetermination required by that section.

                               payment of awards

        Sec. 8. (a) As soon as practicable after the date of the
    enactment of this Act, the Secretary shall make payments from
    amounts in the account established pursuant to section 4(b)(1)
    of this Act on the unpaid balance of each award certified by
    the Commission pursuant to section 410 of the International
    Claims Settlement Act of 1949.
        (b) As soon as practicable after the Commission has
    completed the certification of awards pursuant to section 5(b)
    of this Act, the Secretary shall make payments on account of
    each such award from the amounts in the account established
    pursuant to section 4(b)(2) of this Act.
        (c) As soon as practicable after the Commission has
    completed the certification of awards pursuant to section 6(b)
    of this Act, the Secretary shall make payments on account of
    each such award from the amounts in the account established
    pursuant to section 4(b)(3) of this Act.
        (d) In the event that--
              (1) the amounts in the account established pursuant
            to section 4(b)(2) of this Act exceed the aggregate
            total of all awards certified by the Commission
            pursuant to section 5(b) of this Act, or
              (2) the amounts in the account established pursuant
            to section 4(b)(3) of this Act exceed the aggregate
            total of all awards certified by the Commission
            pursuant to section 6(b) of this Act,
    the Secretary shall cover such excess amounts into the account
    established pursuant to section 4(b)(1) of this Act. The
    Secretary shall make payments pursuant to subsection (a) of
    this section, from such excess amounts, on the unpaid balance
    of awards certified by the Commission pursuant to section 410
    of the International Claims Settlement Act of 1949.
        (e) Payments under this section shall be made on the unpaid
    balance of each award which bear to such unpaid balance the
    same proportion as the total amount in the account in the Fund
    from which the payments are made bears to the aggregate unpaid
    balance of all awards payable from that account. Payments under
    this section, and applications for such payments, shall be made
    in accordance with such regulations as the Secretary may
    prescribe.
        (f) In the event that--
              (1) the Secretary is unable, within three years after
            the date of the establishment of the account prescribed
            by section 4(b)(1) of this Act, to locate any person
            entitled to receive payment under this section on
            account of an award certified by the Commission
            pursuant to section 410 of the International Claims
            Settlement Act of 1949 or to locate any lawful heirs,
            successors, or legal representatives of that person, or
            if no valid application for payment is made by or on
            behalf of that person within six months after the
            Secretary has located that person or that person's
            heirs, successors, or legal representatives; or
              (2) within six months after the Commission has
            completed the certification of awards pursuant to
            sections 5(b) and 6(b) of this Act, no valid
            application for payment is made by or on behalf of any
            person entitled to receive payment under this section
            on account of an award certified by the Commission
            pursuant to either such section,
    the Secretary shall give notice by publication in the Federal
    Register and in such other publications as the Secretary may
    determine that, unless valid application for payment is made
    within sixty days after the date of such publication, that
    person's award under title IV of the International Claims
    Settlement Act of 1949 or this Act, as the case may be, and
    that person's right to receive payment on account of such
    award, shall lapse. Upon the expiration of such sixty-day
    period that person's award and right to receive payment shall
    lapse, and the amounts payable to that person shall be paid pro
    rata by the Secretary on account of all other awards under
    title IV of the International Claims Settlement Act of 1949 or
    this Act, as the case may be.

                              investment of funds

        Sec. 9. The Secretary shall invest and hold in separate
    accounts the amounts held respectively in the accounts
    established by section 4 of this Act. Such investment shall be
    in public debt securities with maturities suitable for the
    needs of the separate accounts and bearing interest at rates
    determined by the Secretary, taking into consideration the
    average market yield on outstanding marketable obligations of
    the United States of comparable maturities. The interest earned
    on the amounts in each account established by section 4 of this
    Act shall be used to make payments, in accordance with section
    8(e) of this Act, on awards payable from that account.

                          implementation of agreement

        Sec. 10. (a) If, within sixty days after the date of the
    enactment of this Act--
              (1) the Government of the Czechoslovak Socialist
            Republic does not make the payments to the United
            States Government described in article 6(2) of the
            Agreement, or
              (2) the Czechoslovak Government does not receive the
            gold provided in article 6(1) of the Agreement,
    the provisions to this Act shall cease to be effective, and the
    provisions of the Agreement may not be implemented unless the
    Congress approves the Agreement after the end of that sixty-day
    period.
        (b) The sixty-day period for implementation of the
    Agreement required by subsection (a) shall be extended by an
    additional period of thirty calendar days if, before the
    expiration of that sixty-day period, the Secretary of State
    certifies in writing that such extension is consistent with the
    purposes of this Act, and reports that certification to the
    Speaker of the House of Representatives and to the Chairman of
    the Committee on Foreign Relations of the Senate, together with
    a detailed statement of the reasons for the extension. If at
    the end of that additional thirty-day period the events set
    forth in paragraphs (1) and (2) of subsection (a) have not
    occurred, the provisions of this Act shall cease to be
    effective and the provisions of the Agreement may not be
    implemented unless the Congress approves the Agreement after
    the end of that thirty-day period or unless, before the
    expiration of that thirty-day period, authorized by joint
    resolution a further extension of time for implementation of
    the Agreement. Such joint resolution shall be considered in the
    Senate in accordance with the provisions of section 601(b) of
    the International Security Assistance and Arms Export Control
    Act of 1976,\2\ and in the House of Representatives a motion to
    proceed to the consideration of such joint resolution after it
    has been reported by the appropriate committee shall be treated
    as highly privileged.
    ---------------------------------------------------------------------------
        \2\ For text, see Legislation on Foreign Relations Through 2005,
    vol. I-A.
    ---------------------------------------------------------------------------

                           social security agreement

        Sec. 11. The Secretary of State shall conduct a detail
    review of the exchange of letters between the United States and
    Czechoslovakia providing for reciprocal social security
    payments to residents of the two countries. Such review should
    include an examination of the extent to which Czechoslovakia is
    complying with the spirit and provisions of the letters, a
    comparison of the benefits being realized by residents of
    Czechoslovakia and of the United States under the letters, and
    an evaluation of the basis of differences in such benefits. The
    Secretary of State, in consultation with the Department of
    Health and Human Services, shall report to the Congress, not
    later than six months after the date of the enactment of this
    Act, the results of such review, together with any
    recommendations for legislation or changes in the agreement
    made by the letters that may be necessary to achieve greater
    comparability and equity of benefits for the residents of the
    two countries. Such report should include specific assessments
    of the feasibility, likely effects, and advisability of
    terminating United States social security payments to residents
    of Czechoslovakia in response to inequities and
    incomparabilities of benefits payments under the exchange of
    letters.
                      d. Trust Territories of the Pacific

                 (1) Micronesian Claims Act of 1971, as amended

      Public Law 92-39 [H.J. Res. 617], 85 Stat. 92, 50 App. U.S.C. 2018-
    2020b,\1\ approved July 1, 1971; as amended by Public Law 93-131 [H.R.
                 6628], 87 Stat. 460, approved October 19, 1973

      JOINT RESOLUTION To authorize an ex gratia contribution to certain
    inhabitants of the Trust Territory of the Pacific Islands who suffered
      damages arising out of the hostilities of the Second World War, to
    provide for the payment of noncombat claims occurring prior to July 1,
            1951, and to establish a Micronesian Claims Commission.

    Whereas certain Micronesian inhabitants of the Trust Territory
        of the Pacific Islands, formerly under League of Nations
        mandate to Japan, suffered from the hostilities of the
        Second World War; and
    ---------------------------------------------------------------------------
        \1\ Secs. 2018 through 2020b terminated August 3, 1976, pursuant to
    sec. 103(e) of this Act.
    ---------------------------------------------------------------------------
    Whereas the United States, while not liable for wartime damages
        suffered by the Micronesians, has responsibility for the
        welfare of the Micronesian people as the administering
        authority of the Trust Territory of the Pacific Islands;
        and
    Whereas the Governments of Japan and the United States entered
        into an agreement on April 18, 1969, to contribute ex
        gratia the equivalent of $10,000,000 to the Micronesian
        inhabitants of the Trust Territory of the Pacific Islands
        in view of the suffering caused by the hostilities of the
        Second World War, each Government contributing the
        equivalent of $5,000,000, Japan's contribution to take the
        form of products and services; and
    Whereas payments of these ex gratia contributions to certain
        Micronesian inhabitants of the Trust Territory of the
        Pacific Islands will meet a longstanding Micronesian
        grievance and will promote the welfare of the Micronesian
        people; and
    Whereas certain Micronesian inhabitants of the Trust Territory
        of the Pacific Islands claim to have suffered damage to or
        loss or destruction of property, personal injury, or death
        caused by military and civilian employees of the United
        States Government and arising out of accidents or incidents
        between the dates of the securing of the various islands of
        Micronesia by the United States Armed Forces and July 1,
        1951, and within an area under the control of the United
        States at the time of the accident or incident; and
    Whereas the United States is desirous of making an equitable
        settlement of these claims by way of a monetary
        contribution: Therefore, be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That this
    resolution may be cited as the ``Micronesian Claim Act of
    1971''.

                                    TITLE I

        Sec. 101. (a) It is the purpose of this title that, with
    respect to war claims, the United States should make the ex
    gratia contribution of $5,000,000 matching an equivalent
    contribution of the Government of Japan, to Micronesian
    inhabitants of the Trust Territory of the Pacific Islands who
    are determined by the Micronesian Claims Commission to be
    meritorious claimants, in particular amounts to be awarded by
    the Micronesian Claims Commission, and that the Secretary of
    the Interior, hereinafter referred to as the ``Secretary'', or
    his designee, shall pay to said Micronesian claimants as soon
    as possible following his receipt of the final report of the
    Micronesian Claims Commission on the claims allowed, such
    amounts as are finally certified pursuant to section 104 of
    this title.
        (b) \2\ A ``Micronesian inhabitant of the Trust Territory
    of the Pacific Islands'' is defined for the purposes of this
    Act as a person who--
    ---------------------------------------------------------------------------
        \2\ Sec. 1 of Public Law 93-131 (87 Stat. 460) amended and restated
    subsec. (b), which previously read as follows:
        ``(b) A `Micronesian inhabitant of the Trust Territory of the
    Pacific Islands' is defined for the purposes of this joint resolution
    as a person who:
    ---------------------------------------------------------------------------

      ``(1) became a citizen of the Trust Territory of the Pacific Islands on
    July 18, 1947, and who remains a citizen as of the date of filing a claim;
    or

      ``(2) if then living, would have been eligible for citizenship on July
    18, 1947; or

      ``(3) is the successor, heir, or assignee of a person eligible under
    paragraph (1) or (2) and who is a citizen of the Trust Territory of the
    Pacific Islands as of the date of filing a claim.''.

              (1) became a citizen of the Trust Territory of the
            Pacific Islands on July 18, 1947, and who remains a
            citizen of the Trust Territory of the Pacific Islands,
            or is a citizen of the United States, as of the date of
            filing a claim; or
              (2) if then living, would have been eligible to
            become a citizen of the Trust Territory of the Pacific
            Islands on July 18, 1947; or
              (3) is the successor, heir, or assignee of a person
            eligible under paragraph (1) or (2) and who is a
            citizen of the Trust Territory of the Pacific Islands,
            or of the United States, as of the date of filing a
            claim.
        Sec. 102. (a) There is hereby authorized to be appropriated
    to the Trust Territory of the Pacific Islands $5,000,000, in
    addition to the normal budgetary expenditures for the Trust
    Territory of the Pacific Islands and in addition to the
    appropriations authorized by section 2 of the Act of June 30,
    1954, as amended, to be paid into a ``Micronesian Claims
    Fund''. The Secretary is hereby authorized to create and manage
    said Micronesian Claims Fund.
        (b) Funds approximating $5,000,000 appropriated to the
    Trust Territory of the Pacific Islands for supplies or capital
    improvements in accordance with the Act of June 30, 1954, as
    amended, shall be paid into a Micronesian Claims Fund as the
    products of Japan and the services of the Japanese people in
    the amount of one billion eight hundred million yen (currently
    computed at $5,000,000) are provided by Japan pursuant to
    article I of the ``Agreement between the United States of
    America and Japan'', signed April 18, 1969. These funds,
    together with the sum authorized to be appropriated by
    subsection (a) of this section, shall constitute the whole of
    the Micronesian Claims Fund.
        Sec. 103. (a) There is hereby established a Micronesian
    Claims Commission, hereinafter referred to as the
    ``Commission'', such Commission to be under the control and
    direction of the Chairman of the Foreign Claims Settlement
    Commission. The Commission shall be composed of five members,
    who shall be appointed, in consultation with the Secretary, by
    the Chairman of the Foreign Claims Settlement Commission, one
    of whom he shall designate as Chairman. Two members shall be
    selected from a list of Micronesian citizens nominated by the
    Congress of Micronesia. Any vacancy that may occur in the
    membership of the Commission shall be filled in the same manner
    as in the case of the original appointment. The members of the
    Commission shall serve at the pleasure of the Chairman of the
    Foreign Claims Settlement Commission. No Commissioner shall
    hold other public office or engage in any other employment
    during the period of his service on the Commission, except as
    an employee of the Foreign Claims Settlement Commission.
        (b) The members of the Commission shall receive
    compensation and allowances as determined by the Chairman of
    the Foreign Claims Settlement Commission by application of the
    rules and regulations which apply to officers and employees of
    the Trust Territory of the Pacific Islands, but in no event
    shall traveling and other expenses incurred in connection with
    their duties as members, or a per diem allowance in lieu
    thereof, exceed that prescribed in accordance with the
    provisions of subchapter 1 of chapter 57 of title 5, United
    States Code. The term of office of the members of the
    Commission shall expire at the time fixed in subsection (e) of
    this section for winding up the affairs of the Commission.
        (c) The Commission may, subject to the approval of the
    Chairman of the Foreign Claims Settlement Commission, appoint
    and fix the compensation and allowances of such officers,
    attorneys, and employees of the Commission as may be reasonably
    necessary for its proper functioning, which employees shall be
    in addition to those who may be assigned by the Chairman of the
    Foreign Claims Settlement Commission to assist the Commission
    in carrying out its functions. The compensation and allowances
    of employees appointed pursuant to this section shall be within
    the rules and regulations which apply to officers and employees
    of the Trust Territory of the Pacific Islands, but in no event
    to exceed the amount of allowances prescribed in subchapter 1
    of chapter 57 of title 5, United States Code. In addition, the
    Commission, with the approval of the Chairman of the Foreign
    Claims Settlement Commission, may make such expenditures as may
    be reasonably necessary to carry out its proper functioning.
    Officers and employees of any other department or agency of the
    Government of the United States or the government of the Trust
    Territory of the Pacific Islands may, with the consent of the
    head of such department or agency, with or without
    reimbursement, be assigned to assist the Commission in carrying
    out its functions. The Commission may, with the consent of the
    head of any other department or agency of the government of the
    United States or the government of the Trust Territory of the
    Pacific Islands, utilize, with or without reimbursement, the
    facilities and services of such department or agency in
    carrying out the functions of the Commission.
        (d) The Commission shall, subject to the approval of the
    Chairman of the Foreign Claims Settlement Commission, prescribe
    such rules and regulations as are necessary for carrying out
    its functions. As expeditiously as possible and, in any event,
    within three months of its appointment, the Commission shall
    give public notice in the Trust Territory of the Pacific
    Islands of the time when, and the limit of time within which,
    claims may be filed, which notice shall be given in such manner
    as the Commission shall prescribe: Provided, That the final
    date for the filing of claims shall not be more than one year
    after the appointment of the full membership of the Commission.
    The Commission shall give extensive publicity in the Trust
    Territory of the Pacific Islands to the provisions of this Act
    and shall make every effort to advise promptly all persons who
    may be entitled to file claims under the provisions of this Act
    administered by the Commission of their rights under such
    provisions, and to assist them in the preparation and filing of
    their claims. A majority of the membership of the Commission
    shall be necessary to transact business: Provided, however,
    That an affirmative vote of at least three members shall be
    required for the promulgation of rules and regulations, and for
    the final adjudication of any claim.
        (e) The Commission shall wind up its affairs \3\ as
    expeditiously as possible and in any event not later than three
    years after the expiration of the time for filing claims under
    this Act.
    ---------------------------------------------------------------------------
        \3\ The Commission terminated on August 3, 1976.
    ---------------------------------------------------------------------------
        Sec. 104. (a) The Commission shall have authority to
    receive, examine, adjudicate, and render final decisions, in
    accordance with the laws of the Trust Territory of the Pacific
    Islands and international law, with respect to (1) claims of
    the Micronesian inhabitants of the Trust Territory of the
    Pacific Islands who suffered loss of life, physical injury, and
    property damage directly resulting from the hostilities between
    the Governments of Japan and the United States between December
    7, 1941, and the dates of the securing of the various islands
    of Micronesia by United States Armed Forces, and (2) those
    claims arising as postwar claims between the dates of the
    securing of the various islands of Micronesia by United States
    Armed Forces and July 1, 1951. The Commission shall notify all
    claimants of the approval or denial of their claims, and, if
    approved, shall notify such claimants of the amount for which
    such claims are approved. Any claimant whose claim is denied,
    or is approved for less than the full amount of such claim
    shall be entitled, under such regulations as the Commission may
    prescribe, to a hearing before the Commission or its
    representatives, with respect to such claim. Upon such hearing,
    the Commission may affirm, modify, or revise its former action
    with respect to such claim, including a denial or reduction in
    the amount theretofore allowed with respect to such claim. As
    claims are adjudicated, the Commissioner shall certify them to
    the Secretary for payment in such manner as he may direct.\4\
    The claims covered by title I of this Act shall be paid from
    the Micronesian Claims Fund except that, as to claims based on
    death, up to $1,000 shall be paid immediately upon
    adjudication, and the claims covered by title II of this Act
    shall be paid by the Secretary from the funds appropriated for
    such purpose.
    ---------------------------------------------------------------------------
        \4\ Sec. 2 of Public Law 93-131 amended and restated this sentence,
    which previously read as follows: ``When all claims have been
    adjudicated, the Commission shall certify them to the Secretary for
    payment.''.
    ---------------------------------------------------------------------------
        (b) No later than six months after its organization, and
    annually thereafter, the Commission shall make a report,
    through the Chairman of the Foreign Claims Settlement
    Commission, to the Congress of the United States concerning its
    operations under this Act. The Commission shall, upon winding
    up its work, certify to the Chairman of the Foreign Claims
    Settlement Commission, the Secretary, and to the Congress of
    the United States the following:
              (1) A list of all claims allowed, in whole or in
            part, together with the amount of each claim and, the
            amount awarded thereon.
              (2) A list of all claims disallowed.
              (3) A copy of the decision rendered in each case.
        (c) In the event that funds remain in the Micronesian
    Claims Fund after all allowable and adjudicated claims are
    paid, such remaining funds shall be transferred from the
    Micronesian Claims Fund to the Treasury of the Trust Territory
    of the Pacific Islands for appropriation by the Congress of
    Micronesia for the welfare of the people of the Trust Territory
    of the Pacific Islands. In the event the allowable and
    adjudicated claims covered by title I of the act exceed a total
    of $10,000,000, the Secretary shall make pro rata payments.
        (d) No payment shall be made on an award of the Commission
    unless the claimant shall first execute a full release to the
    United States and Japan in respect to any alleged liability of
    the United States or Japan, or both, arising before the date of
    the securing of the various islands of Micronesia by the United
    States Armed Forces.
        Sec. 105. There is authorized to be appropriated such sums
    as may be necessary for the operation and administrative
    expenses of the Foreign Claims Settlement Commission, to the
    extent needed to cover activity connected with this Act, and of
    the Commission in order to carry out the purposes of this Act.
        Sec. 106. The agreement for the payment of the Micronesian
    claims covered by title I of this Act having been reached by
    negotiators of the Governments of the United States and Japan,
    and since personnel to be appointed by the Secretary or the
    Commission will be available to assist the people of the Trust
    Territory of the Pacific Islands insofar as may be necessary in
    filing all claims covered by either title I or title II of this
    Act, no remuneration on account of services rendered on behalf
    of any claimant, or any association of claimants, in connection
    with any claim or claims covered by either title I or title II
    shall exceed, in total, 1 per centum of the amount paid on such
    claim or claims, pursuant to the provisions of this Act. Fees
    already paid for such services shall be deducted from the
    amount authorized by this Act. Any agreement to the contrary
    shall be unlawful and void. Whoever, in the United States or
    elsewhere, demands or receives, on account of services so
    rendered, any remuneration in excess of the maximum permitted
    by this section, shall be guilty of a misdemeanor and, upon
    conviction thereof, shall be fined not more than $5,000 or
    imprisoned not more then twelve months, or both.

                                    TITLE II

        Sec. 201. For the purpose of promoting and maintaining
    friendly relations by the final settlement of meritorious
    postwar claims, the Micronesian Claims Commission is, pursuant
    to authority granted in section 104(a) title I, authorized to
    consider, ascertain, adjust, determine, and make payments,
    where accepted by the claimant in full satisfaction and in
    final settlement, of all claims by Micronesian inhabitants
    against the United States or the government of the Trust
    Territory of the Pacific Islands on account of personal injury
    or death or damage to or loss or destruction of private
    property, both real and personal, of Micronesian inhabitants of
    the former Japanese mandated islands, now the Trust Territory
    of the Pacific Islands administered by the United States under
    a trusteeship agreement with the United Nations, including
    claims for a taking or for use or retention of such property
    where no payments or inadequate payments have been made for
    such taking, use, or retention when such damage, loss, or
    destruction was caused by the United States Army, Navy, Marine
    Corps, or Coast Guard, or individual members thereof, including
    military personnel and United States Government civilian
    employees, and including employees of the Trust Territory
    government acting within the scope of their employment:
    Provided, That only those claims shall be considered by the
    Commission which are presented in writing as provided for in
    section 103(d) of title I of this Act and the accident or
    incident out of which the claim arose occurred prior to July 1,
    1951, within the islands which now comprise the Trust Territory
    of the Pacific Islands and within an area under the control of
    the United States at the time of the accident or incident:
    Provided further, That any such settlements made by such
    Commission and any such payments made by the Secretary under
    the authority of title I or title II shall be final and
    conclusive for all purposes, notwithstanding any other
    provision of law to the contrary and not subject to review.
        Sec. 202. There is hereby authorized to be appropriated the
    amount of $20,000,000, in addition to the normal budgetary
    expenditures for the Trust Territory of the Pacific Islands and
    in addition to the appropriation authorized by section 2 of the
    Act of June 30, 1954, as amended, to be expended by the
    Secretary for the purposes of making payments to the extent
    authorized by this title of this Act.
        Sec. 203. Any funds appropriated for the purposes of this
    title which remain after the settlement of claims under the
    provisions of this title shall be covered into the Treasury of
    the United States.
               (2) Trust Territory Economic Development Loan Fund

     Public Law 92-257 [S. 806], 86 Stat. 87, approved March 21, 1972; as
       amended by Public Law 97-357 [H.R. 5139], 96 Stat. 1705, approved
     October 19, 1982; and Public Law 105-362 [Federal Reports Elimination
       Act of 1998; S. 1364], 112 Stat. 3280, approved November 10, 1998

         AN ACT Relating to the Trust Territory of the Pacific Islands.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,
        Section 1.\1\ For the purpose of promoting economic
    development in the Trust Territory of the Pacific Islands,
    there is authorized to be appropriated to the Secretary of the
    Interior, for payment to the government of the Trust Territory
    of the Pacific Islands as a grant in accordance with the
    provisions of this title, an amount which when added to the
    development fund established pursuant to section 3 of the Act
    of August 22, 1964 (78 Stat. 601), as augmented by subsequent
    Federal grants, will create a total fund of $5,000,000, which
    shall thereafter be known as the Trust Territory Economic
    Development Loan Fund.
    ---------------------------------------------------------------------------
        \1\ 48 U.S.C. 1688.
    ---------------------------------------------------------------------------
        Sec. 2.\2\ The grant authorized by section 1 shall be made
    only after the government of the Trust Territory of the Pacific
    Islands has submitted to the Secretary of the Interior a plan
    for the use of the grant, and the plan has been approved by the
    Secretary. The plan shall provide among other things for a
    revolving fund to make loans or to guarantee loans to private
    enterprise. The term of any loan made pursuant to the plan
    shall not exceed twenty-five years.
    ---------------------------------------------------------------------------
        \2\ 48 U.S.C. 1689.
    ---------------------------------------------------------------------------
        Sec. 3.\3\ No loan or loan guarantee shall be made under
    this title to any applicant who does not satisfy the
    territorial administering agency that financing is otherwise
    unavailable on reasonable terms and conditions. No loan or loan
    guarantee shall exceed (1) the amount which can reasonably be
    expected to be repaid, (2) the minimum amount necessary to
    accomplish the purposes of this title, or 25 per centum of the
    funds appropriated pursuant to section 1. No loan guarantee
    shall guarantee more than 90 per centum of the outstanding
    amount of any loan, and the reserves maintained to guarantee
    the loan shall not be less than the 25 per centum of the
    guarantee.
    ---------------------------------------------------------------------------
        \3\ 48 U.S.C. 1690.
    ---------------------------------------------------------------------------
        Sec. 4.\4\ The plan provided for in section 2 shall set
    forth such fiscal control and accounting procedures as may be
    necessary to assure proper disbursement, repayment, and
    accounting for such funds.
    ---------------------------------------------------------------------------
        \4\ 48 U.S.C. 1691
    ---------------------------------------------------------------------------
        Sec. 5.\5\ The chief executives of the governments of the
    Marshall Islands, the Federated States of Micronesia, Palau,
    and the Northern Mariana Islands shall prepare, publish, and
    submit to the Congress and the Secretary of the Interior a
    comprehensive annual financial report in conformance with the
    standards of the National Council on Governmental Accounting
    within one hundred and twenty days after the close of the
    fiscal year. The comprehensive annual financial report shall
    include statistical data as set forth in the standards of the
    National Council on Governmental Accounting relating to the
    physical, economic, social, and political characteristics of
    the government, and any other information required by the
    Congress.\6\ The chief executives shall also make such other
    reports at such other times as may be required by the Congress
    or under applicable Federal laws.\6\ This section is not
    subject to termination under section 502(a)(3) of the Covenant
    to Establish a Commonwealth of the Northern Mariana Islands in
    Political Union with the United States of America (90 Stat.
    263, 268).
    ---------------------------------------------------------------------------
        \5\ 48 U.S.C. 1692. Sec. 203(a) of Public Law 97-357 (96 Stat.
    1707) amended and restated sec. 5. It previously read as follows:
        ``Sec. 5. The High Commissioner of the Trust Territory of the
    Pacific Islands shall make an annual report to the Secretary of the
    Interior on the administration of this title.''.
        \6\ Sec. 901(p) of the Federal Reports Elimination Act of 1998
    (Public Law 105-362; 112 Stat. 3291) struck out the third and fifth
    sentences of sec. 5, which previously read as follows:
        ``The chief executives shall transmit the comprehensive annual
    financial report to the Inspector General of the Department of the
    Interior who shall audit it and report his findings to the Congress.''
        ``The chief executives shall submit to the Congress, the Secretary
    of the Interior, the High Commissioner of the Trust Territory of the
    Pacific Islands, and the cognizant Federal auditors a written statement
    of actions taken or contemplated on Federal audit recommendations
    within sixty days after the issuance date of the audit report.''.
    ---------------------------------------------------------------------------
        Sec. 6.\7\ The Comptroller General of the United States, or
    any of his duly authorized representatives, shall have access,
    for the purpose of audit and examination, to any relevant
    books, documents, papers, or records of the government of the
    Trust Territory of the Pacific Islands.
    ---------------------------------------------------------------------------
        \7\ 48 U.S.C. 1693.
      (3) Civil Government for the Trust Territory of the Pacific Islands

     Public Law 83-451 [S. 3318], 68 Stat. 330, approved June 30, 1954; as
    amended by Public Law 87-541 [S. 2775], 76 Stat. 171, approved July 19,
    1962; Public Law 88-487 [H.R. 3198], 78 Stat. 601, approved August 22,
     1964; Public Law 90-16 [S. 303], 81 Stat. 15, approved May 10, 1967;
    Public Law 90-617 [S. 3207], 82 Stat. 1213, approved October 21, 1968;
     Public Law 91-578 [3479], 84 Stat. 1559, approved December 24, 1970;
    Public Law 91-606 [S. 3619], 84 Stat. 1744, approved December 31, 1970;
    Public Law 93-111 [S. 1385], 87 Stat. 354, approved September 21, 1973;
       Public Law 93-288 [S. 3062], 88 Stat. 164, approved May 22, 1974;
     Public Law 94-27 [S. 326], 89 Stat. 95, approved May 28, 1975; Public
     Law 94-255 [H.R. 12122], 90 Stat. 299, approved April 1, 1976; Public
       Law 95-134 [H.R. 6550], 91 Stat. 1159, approved October 15, 1977;
     Public Law 96-205 [H.R. 3756], 94 Stat. 84, approved March 12, 1980;
      Public Law 96-597 [H.R. 8444], 94 Stat. 3478, approved December 24,
       1980; and Public Law 97-357 [H.R. 5139], 96 Stat. 1705], approved
                                October 19, 1982

     AN ACT To provide for a continuance of civil government for the Trust
                       Territory of the Pacific Islands.

    Whereas, pursuant to the authority of Public Law 204, Eightieth
        Congress, approved July 18, 1947, the President approved a
        trusteeship agreement for the Trust Territory of the
        Pacific Islands between the United States Government and
        the Security Council of the United Nations; and
    Whereas responsibility for civil administration of the Trust
        Territory was vested in the Secretary of the Navy by
        Executive Order Number 9875 of July 18, 1947; and
    Whereas responsibility for such administration was transferred
        to the Secretary of the Interior, effective July 1, 1951,
        by Executive Order Numbered 10265 of June 29, 1951, as
        amended by Executive Order Numbered 10408 of November 10,
        1952, and Executive Order Numbered 10470 of July 17, 1953:
        Therefore

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, (a) \1\
    That until Congress shall further provide for the government of
    the Trust Territory of the Pacific Islands, all executive,
    legislative, and judicial authority necessary for the civil
    administration of the Trust Territory shall continue to be
    vested in such person or persons and shall be exercised in such
    a manner and through such agency or agencies as the President
    of the United States may direct or authorize.
    ---------------------------------------------------------------------------
        \1\ 48 U.S.C. 1681.
    ---------------------------------------------------------------------------
        (b) \2\ The head of any department, corporation, or other
    agency of the executive branch of the Government may, upon the
    request of the Secretary of the Interior, extend to the Trust
    Territory of the Pacific Islands, with or without
    reimbursement, scientific, technical, and other assistance
    under any program administered by such agency, or extend to the
    Trust Territory any Federal program administered by such agency
    if the assistance or program will promote the welfare of the
    Trust Territory, notwithstanding any provision of law under
    which the Trust Territory may otherwise be ineligible for the
    assistance of program: Provided, That the Secretary of the
    Interior shall not request assistance pursuant to this
    subsection that involves, in the aggregate, an estimated
    nonreimbursable cost in any one fiscal year in excess of
    $150,000: Provided further, That the cost of any program
    extended to the Trust Territory under this subsection shall be
    reimbursable out of appropriations authorized and made for the
    government of the Trust Territory pursuant to section 2 of this
    Act, as amended. The provisions of this subsection shall not
    apply to financial assistance under a grant-in-aid program.
    ---------------------------------------------------------------------------
        \2\ Sec. 1 of Public Law 88-487 (78 Stat. 601) added subsec. (b).
    ---------------------------------------------------------------------------
        Sec. 2.\3\ There are authorized to be appropriated not to
    exceed $25,000,000 for fiscal year 1967, for fiscal year 1975,
    $75,000,000; for fiscal year 1976, $80,000,000; for the period
    beginning July 1, 1976, and ending September 30, 1976,
    $15,100,000; for fiscal year 1977, $80,000,000; and such
    amounts as were authorized but not appropriated for fiscal
    years 1975, 1976, and 1977; for fiscal year 1978, $90,000,000;
    for fiscal year 1979, $122,700,000; for fiscal year 1980,
    $112,000,000; for fiscal years after fiscal 1980, such sums as
    may be necessary, including, but not limited to, sums needed
    for completion of the capital improvement program; for a basic
    communications system; for a feasibility study and construction
    of hydroelectric project on Ponape; for expenditure by grant or
    contract for the installation, operation, and maintenance of
    communications systems which will provide internal and external
    communications; \4\ and up to but not to exceed $8,000,000 for
    the construction of such buildings as are required for a four-
    year college to serve the Micronesian community (no
    appropriations for the construction of such buildings shall,
    however, be made (A) until, but not later than one year after
    the date of the enactment of this Act, the President causes a
    study to be made by an appropriate authority to determine the
    educational need and the most suitable educational concept for
    such a college and transmits such study, together with his
    recommendations, to the Committees on Interior and Insular
    Affairs of the Senate and House of Representatives of the
    United States within said one year period and (B) until 90
    calendar days after the receipt of such study and
    recommendations which shall be deemed approved unless
    specifically disapproved by resolution of either such
    committee), and $1,800,000 for a human development project in
    the Marshall Islands plus such sums as are necessary, for each
    fiscal years, or periods, to offset reductions in, or the
    termination of Federal grants-in-aid programs or other funds
    made available to the Trust Territory of the Pacific Islands by
    other Federal agencies, to remain available until expended, to
    carry out the provisions of this Act and to provide for a
    program of necessary capital improvements and public works
    related to health, education, utilities, highways,
    transportation facilities, communications, and public
    buildings: Provided, That except for funds appropriated for the
    activities of the Peace Corps no funds appropriated by any Act
    shall be used for administration of the Trust Territory of the
    Pacific Islands except as may be specifically authorized by
    law.
    ---------------------------------------------------------------------------
        \3\ 48 U.S.C. 1681 note. The language in sec. 2 concerning the
    authorization of funds after fiscal year 1980 was added by sec. 101 of
    Public Law 96-205 (94 Stat. 84). Sec. 2 had previously been amended by
    Public Law 90-16 (81 Stat. 15), Public Law 90-617 (82 Stat. 1213),
    Public Law 91-578 (84 Stat. 1559), Public Law 93-111 (87 Stat. 354),
    Public Law 94-27 (89 Stat. 95), Public Law 94-255 (90 Stat. 299), and
    Public Law 95-134 (91 Stat. 1159).
        \4\ Sec. 401 of Public Law 96-597 (94 Stat. 3478) inserted ``for
    expenditure by grant or contract for the installation, operation, and
    maintenance of communications systems which will provide internal and
    external communications;''.
    ---------------------------------------------------------------------------
        Sec. 3.\5\ There are hereby authorized to be appropriated
    such sums as the Secretary of the Interior may find necessary,
    but not to exceed $10,000,000 for any one year, to alleviate
    suffering and damage resulting from major disasters that occur
    in the Trust Territory of the Pacific Islands. Such sums shall
    be in addition to those authorized in section 2 of this Act and
    shall not be subject to the limitations imposed by section 2 of
    this Act. The Secretary of the Interior shall determine whether
    or not a major disaster has occurred in accordance with the
    principles and policies of sections 102(2) and 301 of the
    Disaster Relief Act of 1974.\6\
    ---------------------------------------------------------------------------
        \5\ 48 U.S.C. 1681 note. Sec. 2 of Public Law 90-617 (82 Stat.
    1213) added sec. 3.
        \6\ Sec. 301(k) of Public Law 91-606 (84 Stat. 1759), struck out
    ``section 2 of the Act of September 30, 1950 (64 Stat. 1109), as
    amended (42 U.S.C. 1855a)'' and inserted in lieu thereof ``section
    102(1) of the Disaster Relief Act of 1970''. Subsequently, sec. 602(k)
    of Public Law 93-288 (88 Stat. 164) struck out ``section 102(1) of the
    Disaster Relief Act of 1970'' and inserted in lieu thereof ``sections
    102(2) and 301 of the Disaster Relief Act of 1974''.
    ---------------------------------------------------------------------------
        Sec. 4.\7\ (a) The following functions, powers, and duties
    heretofore vested in the government comptroller for Guam with
    respect to the government of the Trust Territory of the Pacific
    Islands and the government of the Northern Mariana Islands are
    hereby transferred to the Inspector General, Department of the
    Interior, for the purpose of establishing an organization which
    will maintain a satisfactory level of independent audit
    oversight of the governments of the Marshall Islands, the
    Federated States of Micronesia, Palau, and the Northern Mariana
    Islands:
    ---------------------------------------------------------------------------
        \7\ 48 U.S.C. 1681b. Sec. 203(b) of Public Law 97-357 (96 Stat.
    1707) added sec. 4. Sec. 203(b) of Public Law 97-357 repealed a
    previous sec. 4, as added by sec. 2 of Public Law 93-111 (87 Stat. 354)
    and amended by sec. 203(b) of Public Law 95-134 (91 Stat. 1162) and
    sec. 201(b) of Public Law 96-205 (94 Stat. 85). The previous sec. 4
    related to duties of the government comptroller for Guam in addition to
    those imposed by the Organic Act of Guam.
    ---------------------------------------------------------------------------
              (1) The authority to audit all accounts pertaining to
            the revenue and receipts of the governments of the
            Marshall Islands, the Federated States of Micronesia,
            Palau, and the Northern Mariana Islands, and to funds
            derived from bond issues, and the authority to audit,
            in accordance with law and administrative regulations,
            all expenditures of funds and property pertaining to
            the aforementioned governments including those
            pertaining to trust funds held by such governments.
              (2) The authority to report to the Secretary of the
            Interior, the High Commissioner of the Trust Territory
            of the Pacific Islands, the chief executives of the
            governments of the Marshall Islands, the Federated
            States of Micronesia, Palau, and the Northern Mariana
            Islands all failures to collect amounts due the
            governments, and expenditures of funds or uses of
            property which are irregular or not pursuant to law.
        (b) The authority granted in paragraph (a) shall extend to
    all activities of the governments of the Marshall Islands, the
    Federated States of Micronesia, Palau, and the Northern Mariana
    Islands, and shall be in addition to the authority conferred
    upon the Inspector General by the Inspector General Act of 1978
    (92 Stat. 1101), as amended. This section is not subject to
    termination under section 502(a)(3) of the Covenant to
    Establish a Commonwealth of the Northern Mariana Islands in
    Political Union with the United States of America (90 Stat.
    263, 268).
        (c) In order to carry out the provisions of this section,
    the personnel, assets, liabilities, contracts, property,
    records, and unexpended balances of appropriations,
    authorizations, allocations, and other funds employed, held,
    used, arising from, available or to be made available, of the
    office of the government comptroller for Guam related to its
    audit function, with respect to the government of the Trust
    Territory of the Public Islands and the government of the
    Northern Mariana Islands are hereby transferred to the Office
    of Inspector General, Department of the Interior.
     (4) Interior Appropriations for Trust Territory of the Pacific Islands

        Partial text of Public Law 109-54 [Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2006; H.R. 2361],
                     119 Stat. 499, approved August 2, 2005

       AN ACT Making appropriations for the Department of the Interior,
    environment, and related agencies for the fiscal year ending September
                       30, 2006, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the Department of the
    Interior, environment, and related agencies for the fiscal year
    ending September 30, 2006, and for other purposes, namely:

                      TITLE I--DEPARTMENT OF THE INTERIOR

              * * * * * * *

                              Departmental Offices

                                Insular affairs

                           assistance to territories

        For expenses necessary for assistance to territories under
    the jurisdiction of the Department of the Interior,
    $76,883,000, of which: (1) $69,502,000 shall be available until
    expended for technical assistance, including maintenance
    assistance, disaster assistance, insular management controls,
    coral reef initiative activities, and brown tree snake control
    and research; grants to the judiciary in American Samoa for
    compensation and expenses, as authorized by law (48 U.S.C.
    1661(c)); grants to the Government of American Samoa, in
    addition to current local revenues, for construction and
    support of governmental functions; grants to the Government of
    the Virgin Islands as authorized by law; grants to the
    Government of Guam, as authorized by law; and grants to the
    Government of the Northern Mariana Islands as authorized by law
    (Public Law 94-241; 90 Stat. 272); and (2) $7,381,000 shall be
    available for salaries and expenses of the Office of Insular
    Affairs: Provided, That all financial transactions of the
    territorial and local governments herein provided for,
    including such transactions of all agencies or
    instrumentalities established or used by such governments, may
    be audited by the Government Accountability Office, at its
    discretion, in accordance with chapter 35 of title 31, United
    States Code: \1\ Provided further, That Northern Mariana
    Islands Covenant grant funding shall be provided according to
    those terms of the Agreement of the Special Representatives on
    Future United States Financial Assistance for the Northern
    Mariana Islands approved by Public Law 104-134: Provided
    further, That of the amounts provided for technical assistance,
    sufficient funds shall be made available for a grant to the
    Pacific Basin Development Council: Provided further, That of
    the amounts provided for technical assistance, sufficient
    funding shall be made available for a grant to the Close Up
    Foundation: Provided further, That the funds for the program of
    operations and maintenance improvement are appropriated to
    institutionalize routine operations and maintenance improvement
    of capital infrastructure with territorial participation and
    cost sharing to be determined by the Secretary based on the
    grantee's commitment to timely maintenance of its capital
    assets: Provided further, That any appropriation for disaster
    assistance under this heading in this Act or previous
    appropriations Acts may be used as non-Federal matching funds
    for the purpose of hazard mitigation grants provided pursuant
    to section 404 of the Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5170c).
    ---------------------------------------------------------------------------
        \1\ 48 U.S.C. 1469b.
    ---------------------------------------------------------------------------
              * * * * * * *
                        e. Ryukyu Claims Settlement Act

     Public Law 89-296 [S.J. Res. 32], 79 Stat. 1071, approved October 27,
                                      1965

    JOINT RESOLUTION To authorize a contribution to certain inhabitants of
     the Ryukyu Islands for death and injury to persons and for use of and
      damage to private property, arising from acts and omissions of the
    United States Armed Forces, or members thereof, after August 15, 1945,
                           and before April 28, 1952.

    Whereas certain persons of the Ryukyu Islands suffered damages
        incident to the activities of the Armed Forces of the
        United States, or members thereof, after the surrender of
        Japanese forces in the Ryukyus on August 15, 1945, and
        before the effective date of the Treaty of Peace with Japan
        on April 28, 1952;
    Whereas article 19 of the Treaty of Peace with Japan
        extinguished the legal liability of the United States for
        any claims of Japanese nationals, including Ryukyuans, with
        the result that the United States has made no compensation
        for the above-mentioned damages (except for use of and
        damage to land during the period from July 1, 1950 to April
        28, 1952);
    Whereas it is particularly consonant with the concern of the
        United States, as the sole administering authority in the
        Ryukyu Islands, for the welfare of the Ryukyuan people,
        that those Ryukyuans who suffered damages incident to the
        activities of the United States Armed Forces, or members
        thereof, should be compensated therefor;
    Whereas payment of ex gratia compensation, by advancing the
        welfare of the Ryukyuan people, will promote the security
        interest, foreign policy, and foreign relations of the
        United States; and
    Whereas the High Commissioner of the Ryukyu Islands has
        considered the evidence regarding these claims, and has
        determined, in an equitable manner, those claims which are
        meritorious, and the amounts thereof: Therefore be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That the United
    States should make an ex gratia contribution to the persons
    (excluding municipalities) determined by the High Commissioner
    of the Ryukyu Islands to be meritorious claimants, in the
    amounts determined by him, and that the Secretary of the Army
    or his designee should, under regulations prescribed by the
    Secretary of Defense, pay such amounts to the claimants or
    their legal heirs, as a civil function of the Department of the
    Army; and be it further
        Resolved, That no funds appropriated under this joint
    resolution shall be disbursed to satisfy claims, or portions
    thereof, which have been satisfied by contributions made by the
    Government of Japan.
        Sec. 2. There is authorized to be appropriated not to
    exceed $22,000,000 \1\ to carry out the provisions of this
    joint resolution, which funds are authorized to remain
    available for two years from the effective date of their
    appropriation. Any funds unobligated by the end of that period
    shall be covered into the Treasury of the United States.
    ---------------------------------------------------------------------------
        \1\ Public Law 89-691 (80 Stat. 1018), approved October 15, 1966,
    appropriated the amount ``$21,040,000.''
    ---------------------------------------------------------------------------
        Sec. 3. No remuneration on account of services rendered on
    behalf of any claimant in connection with any claim shall
    exceed 5 per centum of the total amount paid, pursuant to the
    provisions of this joint resolution, or such claim; except that
    no remuneration on account of such services rendered on behalf
    of any association of claimants by any agent or attorney
    (including organizations thereof) shall exceed 1 per centum of
    the aggregate amount so paid on the claims involved. Fees
    already paid for such services shall be deducted from the
    amounts authorized under this joint resolution. Any agreement
    to the contrary shall be unlawful and void. Whoever, in the
    United States or elsewhere, demands or receives, on account of
    services so rendered, any remuneration in excess of the maximum
    permitted by this section, shall be guilty of a misdemeanor,
    and, upon conviction thereof, shall be fined not more than
    $5,000 or imprisoned not more than twelve months, or both.
            4. Compacts of Free Association and Related Legislation

             a. Compact of Free Association Amendments Act of 2003

     Public Law 108-188 [H.J. Res. 63], 117 Stat. 2720, approved December
                                    17, 2003

        JOINT RESOLUTION To approve 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, and 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, and to appropriate funds to carry out the amended Compacts.

    Whereas \1\ the United States (in accordance with the
        Trusteeship Agreement for the Trust Territory of the
        Pacific Islands, the United Nations Charter, and the
        objectives of the international trusteeship system of the
        United Nations) fulfilled its obligations to promote the
        development of the people of the Trust Territory toward
        self-government or independence as appropriate to the
        particular circumstances of the Trust Territory and its
        peoples and the freely expressed wishes of the peoples
        concerned;
    ---------------------------------------------------------------------------
        \1\ 48 U.S.C. 1921 note.
    ---------------------------------------------------------------------------
    Whereas the United States, the Federated States of Micronesia,
        and the Republic of the Marshall Islands entered into the
        Compact of Free Association set forth in title II of Public
        Law 99-239, January 14, 1986, 99 Stat. 1770, to create and
        maintain a close and mutually beneficial relationship;
    Whereas the United States, in accordance with section 231 of
        the Compact of Free Association entered into negotiations
        with the Governments of the Federated States of Micronesia
        and the Republic of the Marshall Islands to provide
        continued United States assistance and to reaffirm its
        commitment to this close and beneficial relationship; and
    Whereas these negotiations, in accordance with section 431 of
        the Compact, resulted in 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'', and 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'', which, together with their related agreements,
        were signed by the Government of the United States and the
        Governments of the Federated States of Micronesia and the
        Republic of the Marshall Islands on May 14, and April 30,
        2003, respectively: Now, therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

        (a) \2\ Short Title.--This joint resolution, together with
    the table of contents in subsection (b) of this section, may be
    cited as the ``Compact of Free Association Amendments Act of
    2003''.
    ---------------------------------------------------------------------------
        \2\ 48 U.S.C. 1901 note.
    ---------------------------------------------------------------------------
        (b) Table of Contents.--The table of contents for this
    joint resolution is as follows:
    Sec. 1. Short title and table of contents.

                                                                        Page

          TITLE I--APPROVAL OF U.S.-FSM COMPACT AND U.S.-RMI COMPACT;
      INTERPRETATION OF, AND U.S. POLICIES REGARDING, U.S.-FSM COMPACT AND
                    U.S.-RMI COMPACT; SUPPLEMENTAL PROVISIONS

    Sec. 101. Approval of U.S.-FSM Compact of Free Association and the
        U.S.-RMI Compact of Free Association; references to subsidiary
        agreements or separate agreements.............................   929
          (a) Federated States of Micronesia..........................   929
          (b) Republic of the Marshall Islands........................   930
          (c) References to the Compact, the U.S.-FSM Compact and the
          U.S.-RMI Compact; References to Subsidiary Agreements or
          Separate Agreements.........................................   930
          (d) Amendment, Change, or Termination in the U.S.-FSM
          Compact, the U.S.-RMI Compact and Certain Agreements........   930
          (e) Subsidiary Agreements Deemed Bilateral..................   931
          (f) Entry Into Force of Future Amendments to Subsidiary
          Agreements..................................................   931
    Sec. 102. Agreements With Federated States of Micronesia..........   932
          (a) Law Enforcement Assistance..............................   932
          (b) Agreement on Audits.....................................   932
    Sec. 103. Agreements With and Other Provisions Related to the
        Republic of the Marshall Islands..............................   934
          (a) Law Enforcement Assistance..............................   934
          (b) EJIT....................................................   934
          (c) Section 177 Agreement...................................   934
          (d) Nuclear Test Effects....................................   935
          (e) Espousal Provisions.....................................   935
          (f) DOE Radiological Health Care Program; USDA Agricultural
          and Food Programs...........................................   936
          (g) ongelap.................................................   937
          (h) Four Atoll Health Care Program..........................   938
          (i) Enjebi Community Trust Fund.............................   939
          (j) Bikini Atoll Cleanup....................................   941
          (k) Agreement on Audits.....................................   941
          (l) Kwajalein...............................................   943
    Sec. 104. Interpretation of and United States Policy Regarding
        U.S.-FSM Compact and U.S.-RMI Compact.........................   944
          (a) Human Rights............................................   944
          (b) Immigration and Passport Security.......................   944
          (c) Nonalienation of Lands..................................   945
          (d) Nuclear Waste Disposal..................................   946
          (e) Impact of the U.S.-FSM Compact and the U.S.-RMI Compact
          on the State of Hawaii, Guam, the Commonwealth of the
          Northern Mariana Islands and American Samoa; Related
          Authorization and Continuing Appropriation..................   946
          (f) Foreign Loans...........................................   949
          (g) Sense of Congress Concerning Funding of Public
          Infrastructure..............................................   949
          (h) Reports and Reviews.....................................   949
          (i) Construction of Section 141(f)..........................   951
          (j) Inflation Adjustment....................................   951
          (k) Participation by Secondary Schools in the Armed Services
          Vocational Aptitude Battery (ASVAB) Student Testing Program.   951
    Sec. 105. Supplemental Provisions.................................   951
          (a) Domestic Program Requirements...........................   951
          (b) Relations With the Federated States of Micronesia and
          the Republic of the Marshall Islands........................   952
          (c) Continuing Trust Territory Authorization................   954
          (d) Survivability...........................................   955
          (e) Noncompliance Sanctions; Actions Incompatible With
          United States Authority.....................................   955
          (f) Continuing Programs and Laws............................   955
          (g) College of Micronesia...................................   960
          (h) Trust Territory Debts to U.S. Federal Agencies..........   960
          (i) Judicial Training.......................................   960
          (j) Technical Assistance....................................   960
          (k) Prior Service Benefits Program..........................   961
          (l) Indefinite Land Use Payments............................   961
          (m) Communicable Disease Control Program....................   961
          (n) User Fees...............................................   961
          (o) Treatment of Judgments of Courts of the Federated States
          of Micronesia, the Republic of the Marshall Islands, and the
          Republic of Palau...........................................   961
          (p) Establishment of Trust Funds; Expedition of Process.....   962
    Sec. 106. Construction Contract Assistance........................   962
          (a)  Assistance to U.S. Firms...............................   962
          (b)  Authorization of Appropriations........................   963
    Sec. 107. Prohibition.............................................   963
    Sec. 108. Compensatory Adjustments................................   963
          (a) Additional Programs and Services........................   963
          (b) Further Amounts.........................................   964
    Sec. 109. Authorization and Continuing Appropriation..............   964
    Sec. 110. Payment of Citizens of the Federated States of
        Micronesia, the Republic of the Marshall Islands, and the
        Republic of Palau Employed by the Government of the United
        States in the Continental United States.......................   965

      TITLE II--COMPACTS OF FREE ASSOCIATION WITH THE FEDERATED STATES OF
               MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS

    Sec. 201. Compacts of Free Association, as Amended Between the
        Government of the United States of America and the Government
        of the Federated States of Micronesia and Between the
        Government of the United States of America and the Government
        of the Republic of the Marshall Islands.......................   965
          (a) Compact of Free Association, as Amended, Between the
          Government of the United States of America and the
          Government of the Federated States of Micronesia............   965

                        Title One--Governmental Relations

          Article I--Self-Government..................................   966
          Article II--Foreign Affairs.................................   967
          Article III--Communications.................................   968
          Article IV--Immigration.....................................   969
          Article V--Representation...................................   972
          Article VI--Environmental Protection........................   973
          Article VII--General Legal Provisions.......................   976

                          Title Two--Economic Relations

          Article I--Grant Assistance.................................   980
          Article II--Services and Program Assistance.................   985
          Article III--Administrative Provisions......................   987
          Article IV--Trade...........................................   988
          Article V--Finance and Taxation.............................   989

                   Title Three--Security and Defense Relations

          Article I--Authority and Responsibility.....................   990
          Article II--Defense Facilities and Operating Rights.........   992
          Article III--Defense Treaties and International Security
          Agreements..................................................   993
          Article IV--Service in Armed Forces of the United States....   993
          Article V--General Provisions...............................   994

                         Title Four--General Provisions

          Article I--Approval and Effective Date......................   996
          Article II--Conference and Dispute Resolution...............   996
          Article III--Amendment......................................   997
          Article IV--Termination.....................................   998
          Article V--Survivability....................................   998
          Article VI--Definition of Terms.............................  1001
          Article VII--Concluding Provisions..........................  1004
          (b) 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..........  1004

                        Title One--Governmental Relations

          Article I--Self-Government..................................  1006
          Article II--Foreign Affairs.................................  1006
          Article III--Communications.................................  1007
          Article IV--Immigration.....................................  1008
          Article V--Representation...................................  1012
          Article VI--Environmental Protection........................  1012
          Article VII--General Legal Provisions.......................  1016

                          Title Two--Economic Relations

          Article I--Grant Assistance.................................  1020
          Article II--Services and Program Assistance.................  1026
          Article III--Administrative Provisions......................  1028
          Article IV--Trade...........................................  1029
          Article V--Finance and Taxation.............................  1030

                   Title Three--Security and Defense Relations

          Article I--Authority and Responsibility.....................  1032
          Article II--Defense Facilities and Operating Rights.........  1034
          Article III--Defense Treaties and International Security
          Agreements..................................................  1034
          Article IV--Service in Armed Forces of the United States....  1035
          Article V--General Provisions...............................  1035

                         Title Four--General Provisions

          Article I--Approval and Effective Date......................  1037
          Article II--Conference and Dispute Resolution...............  1038
          Article III--Amendment......................................  1039
          Article IV--Termination.....................................  1039
          Article V--Survivability....................................  1040
          Article VI--Definition of Terms.............................  1042
          Article VII--Concluding Provisions..........................  1045

          TITLE I--APPROVAL OF U.S.-FSM COMPACT AND U.S.-RMI COMPACT;
     INTERPRETATION OF, AND U.S. POLICIES REGARDING, U.S.-FSM COMPACT AND
                   U.S.-RMI COMPACT; SUPPLEMENTAL PROVISIONS

    SEC. 101.\3\ APPROVAL OF U.S.-FSM COMPACT OF FREE ASSOCIATION AND THE
                        U.S.-RMI COMPACT OF FREE ASSOCIATION; REFERENCES TO
                        SUBSIDIARY AGREEMENTS OR SEPARATE AGREEMENTS.
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        \3\ 48 U.S.C. 1921.
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        (a) Federated States of Micronesia.--The Compact of Free
    Association, as amended with respect to the Federated States of
    Micronesia and signed by the United States and the Government
    of the Federated States of Micronesia and set forth in Title II
    (section 201(a)) of this joint resolution, is hereby approved,
    and Congress hereby consents to the subsidiary agreements and
    amended subsidiary agreements listed in section 462 of the
    U.S.-FSM Compact. Subject to the provisions of this joint
    resolution, the President is authorized to agree, in accordance
    with section 411 of the U.S.-FSM Compact, to an effective date
    for and thereafter to implement such U.S.-FSM Compact.
        (b) Republic of the Marshall Islands.--The Compact of Free
    Association, as amended with respect to the Republic of the
    Marshall Islands and signed by the United States and the
    Government of the Republic of the Marshall Islands and set
    forth in Title II (section 201(b)) of this joint resolution, is
    hereby approved, and Congress hereby consents to the subsidiary
    agreements and amended subsidiary agreements listed in section
    462 of the U.S.-RMI Compact. Subject to the provisions of this
    joint resolution, the President is authorized to agree, in
    accordance with section 411 of the U.S.-RMI Compact, to an
    effective date for and thereafter to implement such U.S.-RMI
    Compact.
        (c) References to the Compact, the U.S.-FSM Compact, and
    the U.S.-RMI Compact; References to Subsidiary Agreements or
    Separate Agreements.--
              (1) Any reference in this joint resolution (except
            references in Title II) to ``the Compact'' shall be
            treated as a reference to the Compact of Free
            Association set forth in title II of Public Law 99-239,
            January 14, 1986, 99 Stat. 1770. Any reference in this
            joint resolution to the ``U.S.-FSM Compact'' shall be
            treated as a reference to 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 and set forth in Title
            II (section 201(a)) of this joint resolution. Any
            reference in this joint resolution to the ``U.S.-RMI
            Compact'' shall be treated as a reference to 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 and
            set forth in Title II (section 201(b)) of this joint
            resolution.
              (2) Any reference to the term ``subsidiary
            agreements'' or ``separate agreements'' in this joint
            resolution shall be treated as a reference to
            agreements listed in section 462 of the U.S.-FSM
            Compact and the U.S.-RMI Compact, and any other
            agreements that the United States may from time to time
            enter into with either the Government of the Federated
            States of Micronesia or the Government of the Republic
            of the Marshall Islands, or with both such governments
            in accordance with the provisions of the U.S.-FSM
            Compact and the U.S.-RMI Compact.
        (d) Amendment, Change, or Termination in the U.S.-FSM
    Compact and U.S.-RMI Compact and Certain Agreements.--
              (1) Any amendment, change, or termination by mutual
            agreement or by unilateral action of the Government of
            the United States of all or any part of the U.S.-FSM
            Compact or U.S.-RMI Compact shall not enter into force
            until after Congress has incorporated it in an Act of
            Congress.
              (2) The provisions of paragraph (1) shall apply--
                      (A) to all actions of the Government of the
                    United States under the U.S.-FSM Compact or
                    U.S.-RMI Compact including, but not limited to,
                    actions taken pursuant to sections 431, 441, or
                    442;
                      (B) to any amendment, change, or termination
                    in the Agreement Between the Government of the
                    United States and the Government of the
                    Federated States of Micronesia Regarding
                    Friendship, Cooperation and Mutual Security
                    Concluded Pursuant to Sections 321 and 323 of
                    the Compact of Free Association referred to in
                    section 462(a)(2) of the U.S.-FSM Compact and
                    the Agreement Between the Government of the
                    United States and the Government of the
                    Marshall Islands Regarding Mutual Security
                    Concluded Pursuant to Sections 321 and 323 of
                    the Compact of Free Association referred to in
                    section 462(a)(5) of the U.S.-RMI Compact;
                      (C) to any amendment, change, or termination
                    of the agreements concluded pursuant to Compact
                    section 177, and section 215(a) of the U.S.-FSM
                    Compact and section 216(a) of the U.S.-RMI
                    Compact, the terms of which are incorporated by
                    reference into the U.S.-FSM Compact and the
                    U.S.-RMI Compact; and
                      (D) to the following subsidiary agreements,
                    or portions thereof:
                              (i) Articles III, IV, and X of the
                            agreement referred to in section
                            462(b)(6) of the U.S.-RMI Compact.
                              (ii) Article III and IV of the
                            agreement referred to in section
                            462(b)(6) of the U.S.-FSM Compact.
                              (iii) Articles VI, XV, and XVII of
                            the agreement referred to in section
                            462(b)(7) of the U.S.-FSM Compact and
                            U.S.-RMI Compact.
        (e) Subsidiary Agreements Deemed Bilateral.--For purposes
    of implementation of the U.S.-FSM Compact and the U.S.-RMI
    Compact and this joint resolution, the Agreement Concluded
    Pursuant to Section 234 of the Compact of Free Association and
    referred to in section 462(a)(1) of the U.S.-FSM Compact and
    section 462(a)(4) of the U.S.-RMI Compact shall be deemed to be
    a bilateral agreement between the United States and each other
    party to such subsidiary agreement. The consent or concurrence
    of any other party shall not be required for the effectiveness
    of any actions taken by the United States in conjunction with
    either the Federated States of Micronesia or the Republic of
    the Marshall Islands which are intended to affect the
    implementation, modification, suspension, or termination of
    such subsidiary agreement (or any provision thereof) as regards
    the mutual responsibilities of the United States and the party
    in conjunction with whom the actions are taken.
        (f) Entry Into Force of Future Amendments to Subsidiary
    Agreements.--No agreement between the United States and the
    government of either the Federated States of Micronesia or the
    Republic of the Marshall Islands which would amend, change, or
    terminate any subsidiary agreement or portion thereof, other
    than those set forth in subsection (d) of this section shall
    enter into force until 90 days after the President has
    transmitted such agreement to the President of the Senate and
    the Speaker of the House of Representatives together with an
    explanation of the agreement and the reasons therefor. In the
    case of the agreement referred to in section 462(b)(3) of the
    U.S.-FSM Compact and the U.S.-RMI Compact, such transmittal
    shall include a specific statement by the Secretary of Labor as
    to the necessity of such amendment, change, or termination, and
    the impact thereof.

    SEC. 102.\4\ AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.

        (a) Law Enforcement Assistance.--Pursuant to sections 222
    and 224 of the U.S.-FSM Compact, the United States shall
    provide non-reimbursable technical and training assistance as
    appropriate, including training and equipment for postal
    inspection of illicit drugs and other contraband, to enable the
    Government of the Federated States of Micronesia to develop and
    adequately enforce laws of the Federated States of Micronesia
    and to cooperate with the United States in the enforcement of
    criminal laws of the United States. Funds appropriated pursuant
    to section 105(j) of this title may be used to reimburse State
    or local agencies providing such assistance.
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        \4\ 48 U.S.C. 1921a.
    ---------------------------------------------------------------------------
        (b) Agreement on Audits.--The Comptroller General (and his
    duly authorized representatives) shall have the authorities
    necessary to carry out his responsibilities under section 232
    of the U.S.-FSM Compact and the agreement referred to in
    section 462(b)(4) of the U.S.-FSM Compact, including the
    following authorities:
              (1) General authority of the comptroller general to
            audit.--
                      (A) The Comptroller General of the United
                    States (and his duly authorized
                    representatives) shall have the authority to
                    audit--
                              (i) all grants, program assistance,
                            and other assistance provided to the
                            Government of the Federated States of
                            Micronesia under Articles I and II of
                            Title Two of the U.S.-FSM Compact; and
                              (ii) any other assistance provided by
                            the Government of the United States to
                            the Government of the Federated States
                            of Micronesia. Such authority shall
                            include authority for the Comptroller
                            General to conduct or cause to be
                            conducted any of the audits provided
                            for in section 232 of the U.S.-FSM
                            Compact. The authority provided in this
                            paragraph shall continue for at least
                            three years after the last such grant
                            has been made or assistance has been
                            provided.
                      (B) The Comptroller General (and his duly
                    authorized representatives) shall also have
                    authority to review any audit conducted by or
                    on behalf of the Government of the United
                    States. In this connection, the Comptroller
                    General shall have access to such personnel and
                    to such records, documents, working papers,
                    automated data and files, and other information
                    relevant to such review.
              (2) Comptroller general access to records.--
                      (A) In carrying out paragraph (1), the
                    Comptroller General (and his duly authorized
                    representatives) shall have such access to the
                    personnel and (without cost) to records,
                    documents, working papers, automated data and
                    files, and other information relevant to such
                    audits. The Comptroller General may duplicate
                    any such records, documents, working papers,
                    automated data and files, or other information
                    relevant to such audits.
                      (B) Such records, documents, working papers,
                    automated data and files, and other information
                    regarding each such grant or other assistance
                    shall be maintained for at least five years
                    after the date such grant or assistance was
                    provided and in a manner that permits such
                    grants, assistance, and payments to be
                    accounted for distinct from any other funds of
                    the Government of the Federated States of
                    Micronesia.
              (3) Status of comptroller general representatives.--
            The Comptroller General and his duly authorized
            representatives shall be immune from civil and criminal
            process relating to words spoken or written and all
            acts performed by them in their official capacity and
            falling within their functions, except insofar as such
            immunity may be expressly waived by the Government of
            the United States. The Comptroller General and his duly
            authorized representatives shall not be liable to
            arrest or detention pending trial, except in the case
            of a grave crime and pursuant to a decision by a
            competent judicial authority, and such persons shall
            enjoy immunity from seizure of personal property,
            immigration restrictions, and laws relating to alien
            registration, fingerprinting, and the registration of
            foreign agents. Such persons shall enjoy the same
            taxation exemptions as are set forth in Article 34 of
            the Vienna Convention on Diplomatic Relations. The
            privileges, exemptions and immunities accorded under
            this paragraph are not for the personal benefit of the
            individuals concerned but are to safeguard the
            independent exercise of their official functions.
            Without prejudice to those privileges, exemptions and
            immunities, it is the duty of all such persons to
            respect the laws and regulations of the Government of
            the Federated States of Micronesia.
              (4) Audits defined.--As used in this subsection, the
            term ``audits'' includes financial, program, and
            management audits, including determining--
                      (A) whether the Government of the Federated
                    States of Micronesia has met the requirements
                    set forth in the U.S.-FSM Compact, or any
                    related agreement entered into under the U.S.-
                    FSM Compact, regarding the purposes for which
                    such grants and other assistance are to be
                    used; and
                      (B) the propriety of the financial
                    transactions of the Government of the Federated
                    States of Micronesia pursuant to such grants or
                    assistance.
              (5) Cooperation by federated states of micronesia.--
            The Government of the Federated States of Micronesia
            will cooperate fully with the Comptroller General of
            the United States in the conduct of such audits as the
            Comptroller General determines necessary to enable the
            Comptroller General to fully discharge his
            responsibilities under this joint resolution.

    SEC. 103.\5\ AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE
                        REPUBLIC OF THE MARSHALL ISLANDS.

        (a) Law Enforcement Assistance.--Pursuant to sections 222
    and 224 of the U.S.-RMI Compact, the United States shall
    provide non-reimbursable technical and training assistance as
    appropriate, including training and equipment for postal
    inspection of illicit drugs and other contraband, to enable the
    Government of the Marshall Islands to develop and adequately
    enforce laws of the Marshall Islands and to cooperate with the
    United States in the enforcement of criminal laws of the United
    States. Funds appropriated pursuant to section 105(j) of this
    title may be used to reimburse State or local agencies
    providing such assistance.
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        \5\ 48 U.S.C. 1921b.
    ---------------------------------------------------------------------------
        (b) Ejit.--
              (1) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that the
            President of the United States shall negotiate with the
            Government of the Marshall Islands an agreement
            whereby, without prejudice as to any claims which have
            been or may be asserted by any party as to rightful
            title and ownership of any lands on Ejit, the
            Government of the Marshall Islands shall assure that
            lands on Ejit used as of January 1, 1985, by the people
            of Bikini, will continue to be available without charge
            for their use, until such time as Bikini is restored
            and inhabitable and the continued use of Ejit is no
            longer necessary, unless a Marshall Islands court of
            competent jurisdiction finally determines that there
            are legal impediments to continued use of Ejit by the
            people of Bikini.
              (2) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that if the
            impediments described in paragraph (1) do arise, the
            United States will cooperate with the Government of the
            Marshall Islands in assisting any person adversely
            affected by such judicial determination to remain on
            Ejit, or in locating suitable and acceptable
            alternative lands for such person's use.
              (3) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that paragraph
            (1) shall not be applied in a manner which would
            prevent the Government of the Marshall Islands from
            acting in accordance with its constitutional processes
            to resolve title and ownership claims with respect to
            such lands or from taking substitute or additional
            measures to meet the needs of the people of Bikini with
            their democratically expressed consent and approval.
        (c) Section 177 Agreement.--
              (1) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that in
            furtherance of the purposes of Article I of the
            Subsidiary Agreement for Implementation of Section 177
            of the Compact, the payment of the amount specified
            therein shall be made by the United States under
            Article I of the Agreement between the Government of
            the United States and the Government of the Marshall
            Islands for the Implementation of section 177 of the
            Compact (hereafter in this subsection referred to as
            the ``Section 177 Agreement'') only after the
            Government of the Marshall Islands has notified the
            President of the United States as to which investment
            management firm has been selected by such Government to
            act as Fund Manager under Article I of the Section 177
            Agreement.
              (2) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that in the event
            that the President determines that an investment
            management firm selected by the Government of the
            Marshall Islands does not meet the requirements
            specified in Article I of the Section 177 Agreement,
            the United States shall invoke the conference and
            dispute resolution procedures of Article II of Title
            Four of the Compact. Pending the resolution of such a
            dispute and until a qualified Fund Manager has been
            designated, the Government of the Marshall Islands
            shall place the funds paid by the United States
            pursuant to Article I of the Section 177 Agreement into
            an interest-bearing escrow account. Upon designation of
            a qualified Fund Manager, all funds in the escrow
            account shall be transferred to the control of such
            Fund Manager for management pursuant to the Section 177
            Agreement.
              (3) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that if the
            Government of the Marshall Islands determines that some
            other investment firm should act as Fund Manager in
            place of the firm first (or subsequently) selected by
            such Government, the Government of the Marshall Islands
            shall so notify the President of the United States,
            identifying the firm selected by such Government to
            become Fund Manager, and the President shall proceed to
            evaluate the qualifications of such identified firm.
              (4) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that at the end
            of 15 years after the effective date of the Compact,
            the firm then acting as Fund Manager shall transfer to
            the Government of the Marshall Islands, or to such
            account as such Government shall so notify the Fund
            Manager, all remaining funds and assets being managed
            by the Fund Manager under the Section 177 Agreement.
        (d) Nuclear Test Effects.--In the joint resolution of
    January 14, 1986 (Public Law 99-239) Congress provided that in
    approving the Compact, the Congress understands and intends
    that the peoples of Bikini, Enewetak, Rongelap, and Utrik, who
    were affected by the United States nuclear weapons testing
    program in the Marshall Islands, will receive the amounts of
    $75,000,000 (Bikini); $48,750,000 (Enewetak); $37,500,000
    (Rongelap); and $22,500,000 (Utrik), respectively, which
    amounts shall be paid out of proceeds from the fund established
    under Article I, section 1 of the subsidiary agreement for the
    implementation of section 177 of the Compact. The amounts
    specified in this subsection shall be in addition to any
    amounts which may be awarded to claimants pursuant to Article
    IV of the subsidiary agreement for the implementation of
    Section 177 of the Compact.
        (e) Espousal Provisions.--
              (1) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that it is the
            intention of the Congress of the United States that the
            provisions of section 177 of the Compact of Free
            Association and the Agreement between the Government of
            the United States and the Government of the Marshall
            Islands for the Implementation of Section 177 of the
            Compact (hereafter in this subsection referred to as
            the ``Section 177 Agreement'') constitute a full and
            final settlement of all claims described in Articles X
            and XI of the Section 177 Agreement, and that any such
            claims be terminated and barred except insofar as
            provided for in the Section 177 Agreement.
              (2) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that in
            furtherance of the intention of Congress as stated in
            paragraph (1) of this subsection, the Section 177
            Agreement is hereby ratified and approved. It is the
            explicit understanding and intent of Congress that the
            jurisdictional limitations set forth in Article XII of
            such Agreement are enacted solely and exclusively to
            accomplish the objective of Article X of such Agreement
            and only as a clarification of the effect of Article X,
            and are not to be construed or implemented separately
            from Article X.
        (f) DOE Radiological Health Care Program; USDA Agricultural
    and Food Programs.--
              (1) Marshall islands program.--Notwithstanding any
            other provision of law, upon the request of the
            Government of the Republic of the Marshall Islands, the
            President (either through an appropriate department or
            agency of the United States or by contract with a
            United States firm) shall continue to provide special
            medical care and logistical support thereto for the
            remaining members of the population of Rongelap and
            Utrik who were exposed to radiation resulting from the
            1954 United States thermo-nuclear ``Bravo'' test,
            pursuant to Public Laws 95-134 and 96-205.
              (2) Agricultural and food programs.--
                      (A) In general.--In the joint resolution of
                    January 14, 1986 (Public Law 99-239) Congress
                    provided that notwithstanding any other
                    provision of law, upon the request of the
                    Government of the Marshall Islands, for the
                    first fifteen years after the effective date of
                    the Compact, the President (either through an
                    appropriate department or agency of the United
                    States or by contract with a United States firm
                    or by a grant to the Government of the Republic
                    of the Marshall Islands which may further
                    contract only with a United States firm or a
                    Republic of the Marshall Islands firm, the
                    owners, officers and majority of the employees
                    of which are citizens of the United States or
                    the Republic of the Marshall Islands) shall
                    provide technical and other assistance--
                              (i) without reimbursement, to
                            continue the planting and agricultural
                            maintenance program on Enewetak, as
                            provided in subparagraph (C); and
                              (ii) without reimbursement, to
                            continue the food programs of the
                            Bikini and Enewetak people described in
                            section 1(d) of Article II of the
                            Subsidiary Agreement for the
                            Implementation of Section 177 of the
                            Compact and for continued waterborne
                            transportation of agricultural products
                            to Enewetak including operations and
                            maintenance of the vessel used for such
                            purposes.
                      (B) Population changes.--The President shall
                    ensure the assistance provided under these
                    programs reflects the changes in the population
                    since the inception of such programs.
                      (C) Planting and agricultural maintenance
                    program.--
                              (i) In general.--The planting and
                            agricultural maintenance program on
                            Enewetak shall be funded at a level of
                            not less than $1,300,000 per year, as
                            adjusted for inflation under section
                            218 of the U.S.-RMI Compact.
                              (ii) Authorization and continuing
                            appropriation.--There is hereby
                            authorized and appropriated to the
                            Secretary of the Interior, out of any
                            funds in the Treasury not otherwise
                            appropriated, to remain available until
                            expended, for each fiscal year from
                            2004 through 2023, $1,300,000, as
                            adjusted for inflation under section
                            218 of the U.S.-RMI Compact, for grants
                            to carry out the planting and
                            agricultural maintenance program.
              (3) Payments.--In the joint resolution of January 14,
            1986 (Public Law 99-239) Congress provided that
            payments under this subsection shall be provided to
            such extent or in such amounts as are necessary for
            services and other assistance provided pursuant to this
            subsection. It is the sense of Congress that after the
            periods of time specified in paragraphs (1) and (2) of
            this subsection, consideration will be given to such
            additional funding for these programs as may be
            necessary.
        (g) Rongelap.--
              (1) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that because
            Rongelap was directly affected by fallout from a 1954
            United States thermonuclear test and because the
            Rongelap people remain unconvinced that it is safe to
            continue to live on Rongelap Island, it is the intent
            of Congress to take such steps (if any) as may be
            necessary to overcome the effects of such fallout on
            the habitability of Rongelap Island, and to restore
            Rongelap Island, if necessary, so that it can be safely
            inhabited. Accordingly, it is the expectation of the
            Congress that the Government of the Marshall Islands
            shall use such portion of the funds specified in
            Article II, section 1(e) of the subsidiary agreement
            for the implementation of section 177 of the Compact as
            are necessary for the purpose of contracting with a
            qualified scientist or group of scientists to review
            the data collected by the Department of Energy relating
            to radiation levels and other conditions on Rongelap
            Island resulting from the thermonuclear test. It is the
            expectation of the Congress that the Government of the
            Marshall Islands, after consultation with the people of
            Rongelap, shall select the party to review such data,
            and shall contract for such review and for submission
            of a report to the President of the United States and
            the Congress as to the results thereof.
              (2) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that the purpose
            of the review referred to in paragraph (1) of this
            subsection shall be to establish whether the data cited
            in support of the conclusions as to the habitability of
            Rongelap Island, as set forth in the Department of
            Energy report entitled: ``The Meaning of Radiation for
            Those Atolls in the Northern Part of the Marshall
            Islands That Were Surveyed in 1978'', dated November
            1982, are adequate and whether such conclusions are
            fully supported by the data. If the party reviewing the
            data concludes that such conclusions as to habitability
            are fully supported by adequate data, the report to the
            President of the United States and the Congress shall
            so state. If the party reviewing the data concludes
            that the data are inadequate to support such
            conclusions as to habitability or that such conclusions
            as to habitability are not fully supported by the data,
            the Government of the Marshall Islands shall contract
            with an appropriate scientist or group of scientists to
            undertake a complete survey of radiation and other
            effects of the nuclear testing program relating to the
            habitability of Rongelap Island. Such sums as are
            necessary for such survey and report concerning the
            results thereof and as to steps needed to restore the
            habitability of Rongelap Island are authorized to be
            made available to the Government of the Marshall
            Islands.
              (3) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that it is the
            intent of Congress that such steps (if any) as are
            necessary to restore the habitability of Rongelap
            Island and return the Rongelap people to their homeland
            will be taken by the United States in consultation with
            the Government of the Marshall Islands and, in
            accordance with its authority under the Constitution of
            the Marshall Islands, the Rongelap local government
            council.
              (4) There are hereby authorized and appropriated to
            the Secretary of the Interior, out of any funds in the
            Treasury not otherwise appropriated, to remain
            available until expended, for fiscal year 2005,
            $1,780,000; for fiscal year 2006, $1,760,000; and for
            fiscal year 2007, $1,760,000, as the final
            contributions of the United States to the Rongelap
            Resettlement Trust Fund as established pursuant to
            Public Law 102-154 (105 Stat. 1009), for the purposes
            of establishing a food importation program as a part of
            the overall resettlement program of Rongelap Island.
        (h) Four Atoll Health Care Program.--
              (1) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that services
            provided by the United States Public Health Service or
            any other United States agency pursuant to section 1(a)
            of Article II of the Agreement for the Implementation
            of Section 177 of the Compact (hereafter in this
            subsection referred to as the ``Section 177
            Agreement'') shall be only for services to the people
            of the Atolls of Bikini, Enewetak, Rongelap, and Utrik
            who were affected by the consequences of the United
            States nuclear testing program, pursuant to the program
            described in Public Law 95-134 (91 Stat. 1159) and
            Public Law 96-205 (94 Stat. 84) and their descendants
            (and any other persons identified as having been so
            affected if such identification occurs in the manner
            described in such public laws). Nothing in this
            subsection shall be construed as prejudicial to the
            views or policies of the Government of the Marshall
            Islands as to the persons affected by the consequences
            of the United States nuclear testing program.
              (2) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that at the end
            of the first year after the effective date of the
            Compact and at the end of each year thereafter, the
            providing agency or agencies shall return to the
            Government of the Marshall Islands any unexpended funds
            to be returned to the Fund Manager (as described in
            Article I of the Section 177 Agreement) to be covered
            into the Fund to be available for future use.
              (3) In the joint resolution of January 14, 1986
            (Public Law 99-239) Congress provided that the Fund
            Manager shall retain the funds returned by the
            Government of the Marshall Islands pursuant to
            paragraph (2) of this subsection, shall invest and
            manage such funds, and at the end of 15 years after the
            effective date of the Compact, shall make from the
            total amount so retained and the proceeds thereof
            annual disbursements sufficient to continue to make
            payments for the provision of health services as
            specified in paragraph (1) of this subsection to such
            extent as may be provided in contracts between the
            Government of the Marshall Islands and appropriate
            United States providers of such health services.
        (i) Enjebi Community Trust Fund.--In the joint resolution
    of January 14, 1986 (Public Law 99-239) Congress provided that
    notwithstanding any other provision of law, the Secretary of
    the Treasury shall establish on the books of the Treasury of
    the United States a fund having the status specified in Article
    V of the subsidiary agreement for the implementation of Section
    177 of the Compact, to be known as the ``Enjebi Community Trust
    Fund'' (hereafter in this subsection referred to as the
    ``Fund''), and shall credit to the Fund the amount of
    $7,500,000. Such amount, which shall be ex gratia, shall be in
    addition to and not charged against any other funds provided
    for in the Compact and its subsidiary agreements, this joint
    resolution, or any other Act. Upon receipt by the President of
    the United States of the agreement described in this
    subsection, the Secretary of the Treasury, upon request of the
    Government of the Marshall Islands, shall transfer the Fund to
    the Government of the Marshall Islands, provided that the
    Government of the Marshall Islands agrees as follows:
              (1) Enjebi trust agreement.--In the joint resolution
            of January 14, 1986 (Public Law 99-239) Congress
            provided that the Government of the Marshall Islands
            and the Enewetak Local Government Council, in
            consultation with the people of Enjebi, shall provide
            for the creation of the Enjebi Community Trust Fund and
            the employment of the manager of the Enewetak Fund
            established pursuant to the Section 177 Agreement as
            trustee and manager of the Enjebi Community Trust Fund,
            or, should the manager of the Enewetak Fund not be
            acceptable to the people of Enjebi, another United
            States investment manager with substantial experience
            in the administration of trusts and with funds under
            management in excess of $250,000,000.
              (2) Monitor conditions.--In the joint resolution of
            January 14, 1986 (Public Law 99-239) Congress provided
            that upon the request of the Government of the Marshall
            Islands, the United States shall monitor the radiation
            and other conditions on Enjebi and within one year of
            receiving such a request shall report to the Government
            of the Marshall Islands when the people of Enjebi may
            resettle Enjebi under circumstances where the
            radioactive contamination at Enjebi, including
            contamination derived from consumption of locally grown
            food products, can be reduced or otherwise controlled
            to meet whole body Federal radiation protection
            standards for the general population, including mean
            annual dose and mean 30-year cumulative dose standards.
              (3) Resettlement of enjebi.--In the joint resolution
            of January 14, 1986 (Public Law 99-239) Congress
            provided that in the event that the United States
            determines that the people of Enjebi can within 25
            years of January 14, 1986, resettle Enjebi under the
            conditions set forth in paragraph (2) of this
            subsection, then upon such determination there shall be
            available to the people of Enjebi from the Fund such
            amounts as are necessary for the people of Enjebi to do
            the following, in accordance with a plan developed by
            the Enewetak Local Government Council and the people of
            Enjebi, and concurred with by the Government of the
            Marshall Islands to assure consistency with the
            government's overall economic development plan:
                      (A) Establish a community on Enjebi Island
                    for the use of the people of Enjebi.
                      (B) Replant Enjebi with appropriate food-
                    bearing and other vegetation.
              (4) Resettlement of other location.--In the joint
            resolution of January 14, 1986 (Public Law 99-239)
            Congress provided that in the event that the United
            States determines that within 25 years of January 14,
            1986, the people of Enjebi cannot resettle Enjebi
            without exceeding the radiation standards set forth in
            paragraph (2) of this subsection, then the fund manager
            shall be directed by the trust instrument to distribute
            the Fund to the people of Enjebi for their resettlement
            at some other location in accordance with a plan,
            developed by the Enewetak Local Government Council and
            the people of Enjebi and concurred with by the
            Government of the Marshall Islands, to assure
            consistency with the government's overall economic
            development plan.
              (5) Interest from fund.--In the joint resolution of
            January 14, 1986 (Public Law 99-239) Congress provided
            that prior to and during the distribution of the corpus
            of the Fund pursuant to paragraphs (3) and (4) of this
            subsection, the people of Enjebi may, if they so
            request, receive the interest earned by the Fund on no
            less frequent a basis than quarterly.
              (6) Disclaimer of liability.--In the joint resolution
            of January 14, 1986 (Public Law 99-239) Congress
            provided that neither under the laws of the Marshall
            Islands nor under the laws of the United States, shall
            the Government of the United States be liable for any
            loss or damage to person or property in respect to the
            resettlement of Enjebi by the people of Enjebi,
            pursuant to the provision of this subsection or
            otherwise.
        (j) Bikini Atoll Cleanup.--
              (1) Declaration of policy.--In the joint resolution
            of January 14, 1986 (Public Law 99-239), the Congress
            determined and declared that it is the policy of the
            United States, to be supported by the full faith and
            credit of the United States, that because the United
            States, through its nuclear testing and other
            activities, rendered Bikini Atoll unsafe for habitation
            by the people of Bikini, the United States will fulfill
            its responsibility for restoring Bikini Atoll to
            habitability, as set forth in paragraph (2) and (3) of
            this subsection.
              (2) Cleanup funds.--The joint resolution of January
            14, 1986 (Public Law 99-239) authorized to be
            appropriated such sums as necessary to implement the
            settlement agreement of March 15, 1985, in The People
            of Bikini, et al. against United States of America, et
            al., Civ. No. 84-0425 (D. Ha.).
              (3) Conditions of funding.--In the joint resolution
            of January 14, 1986 (Public Law 99-239) the Congress
            provided that the funds referred to in paragraph (2)
            were to be made available pursuant to Article VI,
            Section 1 of the Compact Section 177 Agreement upon
            completion of the events set forth in the settlement
            agreement referred to in paragraph (2) of this
            subsection.
        (k) Agreement on Audits.--The Comptroller General (and his
    duly authorized representatives) shall have the authorities
    necessary to carry out his responsibilities under section 232
    of the U.S.-RMI Compact and the agreement referred to in
    section 462(b)(4) of the U.S.-RMI Compact, including the
    following authorities:
              (1) General authority of the comptroller general to
            audit.--
                      (A) The Comptroller General of the United
                    States (and his duly authorized
                    representatives) shall have the authority to
                    audit--
                              (i) all grants, program assistance,
                            and other assistance provided to the
                            Government of the Republic of the
                            Marshall Islands under Articles I and
                            II of Title Two of the U.S.-RMI
                            Compact; and
                              (ii) any other assistance provided by
                            the Government of the United States to
                            the Government of the Republic of the
                            Marshall Islands. Such authority shall
                            include authority for the Comptroller
                            General to conduct or cause to be
                            conducted any of the audits provided
                            for in section 232 of the U.S.-RMI
                            Compact. The authority provided in this
                            paragraph shall continue for at least
                            three years after the last such grant
                            has been made or assistance has been
                            provided.
                      (B) The Comptroller General (and his duly
                    authorized representatives) shall also have
                    authority to review any audit conducted by or
                    on behalf of the Government of the United
                    States. In this connection, the Comptroller
                    General shall have access to such personnel and
                    to such records, documents, working papers,
                    automated data and files, and other information
                    relevant to such review.
              (2) Comptroller general access to records.--
                      (A) In carrying out paragraph (1), the
                    Comptroller General (and his duly authorized
                    representatives) shall have such access to the
                    personnel and (without cost) to records,
                    documents, working papers, automated data and
                    files, and other information relevant to such
                    audits. The Comptroller General may duplicate
                    any such records, documents, working papers,
                    automated data and files, or other information
                    relevant to such audits.
                      (B) Such records, documents, working papers,
                    automated data and files, and other information
                    regarding each such grant or other assistance
                    shall be maintained for at least five years
                    after the date such grant or assistance was
                    provided and in a manner that permits such
                    grants, assistance and payments to be accounted
                    for distinct from any other funds of the
                    Government of the Republic of the Marshall
                    Islands.
              (3) Status of comptroller general representatives.--
            The Comptroller General and his duly authorized
            representatives shall be immune from civil and criminal
            process relating to words spoken or written and all
            acts performed by them in their official capacity and
            falling within their functions, except insofar as such
            immunity may be expressly waived by the Government of
            the United States. The Comptroller General and his duly
            authorized representatives shall not be liable to
            arrest or detention pending trial, except in the case
            of a grave crime and pursuant to a decision by a
            competent judicial authority, and such persons shall
            enjoy immunity from seizure of personal property,
            immigration restrictions, and laws relating to alien
            registration, fingerprinting, and the registration of
            foreign agents. Such persons shall enjoy the same
            taxation exemptions as are set forth in Article 34 of
            the Vienna Convention on Diplomatic Relations. The
            privileges, exemptions and immunities accorded under
            this paragraph are not for the personal benefit of the
            individuals concerned but are to safeguard the
            independent exercise of their official functions.
            Without prejudice to those privileges, exemptions and
            immunities, it is the duty of all such persons to
            respect the laws and regulations of the Government of
            the Republic of the Marshall Islands.
              (4) Audits defined.--As used in this subsection, the
            term ``audits'' includes financial, program, and
            management audits, including determining--
                      (A) whether the Government of the Republic of
                    the Marshall Islands has met the requirements
                    set forth in the U.S.-RMI Compact, or any
                    related agreement entered into under the U.S.-
                    RMI Compact, regarding the purposes for which
                    such grants and other assistance are to be
                    used; and
                      (B) the propriety of the financial
                    transactions of the Government of the Republic
                    of the Marshall Islands pursuant to such grants
                    or assistance.
              (5) Cooperation by the republic of the marshall
            islands.--The Government of the Republic of the
            Marshall Islands will cooperate fully with the
            Comptroller General of the United States in the conduct
            of such audits as the Comptroller General determines
            necessary to enable the Comptroller General to fully
            discharge his responsibilities under this joint
            resolution.
        (l) Kwajalein.--
              (1) Statement of policy.--It is the policy of the
            United States that payment of funds by the Government
            of the Marshall Islands to the landowners of Kwajalein
            Atoll in accordance with the land use agreement dated
            October 19, 1982, or as amended or superseded, and any
            related allocation agreements, is required in order to
            ensure that the Government of the United States will be
            able to fulfill its obligation and responsibilities
            under Title Three of the U.S.-RMI Compact and the
            subsidiary agreements concluded pursuant to the U.S.-
            RMI Compact.
              (2) Failure to pay.--
                      (A) In general.--If the Government of the
                    Marshall Islands fails to make payments in
                    accordance with paragraph (1), the Government
                    of the United States shall initiate procedures
                    under section 313 of the U.S.-RMI Compact and
                    consult with the Government of the Marshall
                    Islands with respect to the basis for the
                    nonpayment of funds.
                      (B) Resolution.--The United States shall
                    expeditiously resolve the matter of any
                    nonpayment of funds required under paragraph
                    (1) pursuant to section 313 of the U.S.-RMI
                    Compact and the authority and responsibility of
                    the Government of the United States for
                    security and defense matters in or relating to
                    the Marshall Islands. This paragraph shall be
                    enforced, as may be necessary, in accordance
                    with section 105(e).
              (3) Disposition of increased payments pending new
            land use agreement.--Until such time as the Government
            of the Marshall Islands and the landowners of Kwajalein
            Atoll have concluded an agreement amending or
            superseding the land use agreement reflecting the terms
            of and consistent with the Military Use Operating
            Rights Agreement dated October 19, 1982, any amounts
            paid by the United States to the Government of the
            Marshall Islands in excess of the amounts required to
            be paid pursuant to the land use agreement dated
            October 19, 1982, shall be paid into, and held in, an
            interest bearing escrow account in a United States
            financial institution by the Government of the Republic
            of the Marshall Islands. At such time, the funds and
            interest held in escrow shall be paid to the landowners
            of Kwajalein in accordance with the new land use
            agreement. If no such agreement is concluded by the
            date which is five years after the date of enactment of
            this resolution, then such funds and interest shall,
            unless otherwise mutually agreed between the Government
            of the United States of America and the Government of
            the Republic of the Marshall Islands, be returned to
            the U.S. Treasury.
              (4) Notifications and report.--
                      (A) The Government of the Republic of the
                    Marshall Islands shall notify the Government of
                    the United States of America when an agreement
                    amending or superseding the land use agreement
                    dated October 19, 1982, is concluded.
                      (B) If no agreement amending or superseding
                    the land use agreement dated October 19, 1982
                    is concluded by the date five years after the
                    date of enactment of this resolution, then the
                    President shall report to Congress on the
                    intentions of the United States with respect to
                    the use of Kwajalein Atoll after 2016, on any
                    plans to relocate activities carried out on
                    Kwajalein Atoll, and on the disposition of the
                    funds and interest held in escrow under
                    paragraph (3).
              (5) Assistance.--The President is authorized to make
            loans and grants to the Government of the Marshall
            Islands to address the special needs of the community
            at Ebeye, Kwajalein Atoll, and other Marshallese
            communities within the Kwajalein Atoll, pursuant to
            development plans adopted in accordance with applicable
            laws of the Marshall Islands. The loans and grants
            shall be subject to such other terms and conditions as
            the President, in the discretion of the President, may
            determine are appropriate.

    SEC. 104.\6\ INTERPRETATION OF AND UNITED STATES POLICY REGARDING U.S.-
                        FSM COMPACT AND U.S.-RMI COMPACT.

        (a) Human Rights.--In approving the U.S.-FSM Compact and
    the U.S.-RMI Compact, Congress notes the conclusion in the
    Statement of Intent of the Report of The Future Political
    Status Commission of the Congress of Micronesia in July, 1969,
    that ``our recommendation of a free associated state is
    indissolubly linked to our desire for such a democratic,
    representative, constitutional government'' and notes that such
    desire and intention are reaffirmed and embodied in the
    Constitutions of the Federated States of Micronesia and the
    Republic of the Marshall Islands. Congress also notes and
    specifically endorses the preamble to the U.S.-FSM Compact and
    the U.S.-RMI Compact, which affirms that the governments of the
    parties to the U.S.-FSM Compact and the U.S.-RMI Compact are
    founded upon respect for human rights and fundamental freedoms
    for all. The Secretary of State shall include in the annual
    reports on the status of internationally recognized human
    rights in foreign countries, which are submitted to Congress
    pursuant to sections 116 and 502B of the Foreign Assistance Act
    of 1961, ``22 U.S.C. 2151n, 2304'' a full and complete report
    regarding the status of internationally recognized human rights
    in the Federated States of Micronesia and the Republic of the
    Marshall Islands.
    ---------------------------------------------------------------------------
        \6\ 48 U.S.C. 1921c.
    ---------------------------------------------------------------------------
        (b) Immigration and Passport Security.--
              (1) Naturalized citizens.--The rights of a bona fide
            naturalized citizen of the Federated States of
            Micronesia or the Republic of the Marshall Islands to
            enter the United States, to lawfully engage therein in
            occupations, and to establish residence therein as a
            nonimmigrant, to the extent such rights are provided
            under section 141 of the U.S.-FSM Compact and U.S.-RMI
            Compact, shall not be deemed to extend to any such
            naturalized citizen with respect to whom circumstances
            associated with the acquisition of the status of a
            naturalized citizen are such as to allow a reasonable
            inference, on the part of appropriate officials of the
            United States and subject to United States procedural
            requirements, that such naturalized status was acquired
            primarily in order to obtain such rights.
              (2) Passports.--It is the sense of Congress that up
            to $250,000 of the grant assistance provided to the
            Federated States of Micronesia pursuant to section
            211(a)(4) of the U.S.-FSM Compact, and up to $250,000
            of the grant assistance provided to the Republic of the
            Marshall Islands pursuant to section 211(a)(4) of the
            U.S.-RMI Compact (or a greater amount of the section
            211(a)(4) grant, if mutually agreed between the
            Government of the United States and the government of
            the Federated States of Micronesia or the government of
            the Republic of the Marshall Islands), be used for the
            purpose of increasing the machine-readability and
            security of passports issued by such jurisdictions. It
            is further the sense of Congress that such funds be
            obligated by September 30, 2004 and in the amount and
            manner specified by the Secretary of State in
            consultation with the Secretary of Homeland Security
            and, respectively, with the government of the Federated
            States of Micronesia and the government of the Republic
            of the Marshall Islands. The United States Government
            is authorized to require that passports used for the
            purpose of seeking admission under section 141 of the
            U.S.-FSM Compact and the U.S.-RMI Compact contain the
            security enhancements funded by such assistance.
              (3) Information-sharing.--It is the sense of Congress
            that the governments of the Federated States of
            Micronesia and the Republic of the Marshall Islands
            develop, prior to October 1, 2004, the capability to
            provide reliable and timely information as may
            reasonably be required by the Government of the United
            States in enforcing criminal and security-related
            grounds of inadmissibility and deportability under the
            Immigration and Nationality Act, as amended, and shall
            provide such information to the Government of the
            United States.
              (4) Transition; construction of sections 141(a)(3)
            and 141(a)(4) of the U.S.-FSM compact and U.S.-RMI
            compact.--The words ``the effective date of this
            Compact, as amended'' in sections 141(a)(3) and
            141(a)(4) of the U.S.-FSM Compact and the U.S.-RMI
            Compact shall be construed to read, ``on the day prior
            to the enactment by the United States Congress of the
            Compact of Free Association Amendments Act of 2003.''.
        (c) Nonalienation of Lands.--Congress endorses and
    encourages the maintenance of the policies of the Government of
    the Federated States of Micronesia and the Government of the
    Republic of the Marshall Islands to regulate, in accordance
    with their Constitutions and laws, the alienation of permanent
    interests in real property so as to restrict the acquisition of
    such interests to persons of Federated States of Micronesia
    citizenship and the Republic of the Marshall Islands
    citizenship, respectively.
        (d) Nuclear Waste Disposal.--In approving the U.S.-FSM
    Compact and the U.S.-RMI Compact, Congress understands that the
    Government of the Federated States of Micronesia and the
    Government of the Republic of the Marshall Islands will not
    permit any other government or any nongovernmental party to
    conduct, in the Republic of the Marshall Islands or in the
    Federated States of Micronesia, any of the activities specified
    in subsection (a) of section 314 of the U.S.-FSM Compact and
    the U.S.-RMI Compact.
        (e) Impact of the U.S.-FSM Compact and the U.S.-RMI Compact
    on the State of Hawaii, Guam, the Commonwealth of the Northern
    Mariana Islands and American Samoa; Related Authorization and
    Continuing Appropriation.--
              (1) Statement of congressional intent.--In
            reauthorizing the U.S.-FSM Compact and the U.S.-RMI
            Compact, it is not the intent of Congress to cause any
            adverse consequences for an affected jurisdiction.
              (2) Definitions.--For the purposes of this title--
                      (A) the term ``affected jurisdiction'' means
                    American Samoa, Guam, the Commonwealth of the
                    Northern Mariana Islands, or the State of
                    Hawaii; and
                      (B) the term ``qualified nonimmigrant'' means
                    a person, or their children under the age of
                    18, admitted or resident pursuant to section
                    141 of the U.S.-RMI or U.S.-FSM Compact, or
                    section 141 of the Palau Compact who, as of a
                    date referenced in the most recently published
                    enumeration is a resident of an affected
                    jurisdiction. As used in this subsection, the
                    term ``resident'' shall be a person who has a
                    ``residence,'' as that term is defined in
                    section 101(a)(33) of the Immigration and
                    Nationality Act, as amended.
              (3) Authorization and continuing appropriation.--
            There is hereby authorized and appropriated tothe
            Secretary of the Interior, out of any funds in the
            Treasury not otherwise appropriated, to remain
            available until expended, for each fiscal year from
            2004 through 2023, $30,000,000 for grants to affected
            jurisdictions to aid in defraying costs incurred by
            affected jurisdictions as a result of increased demands
            placed on health, educational, social, or public safety
            services or infrastructure related to such services due
            to the residence in affected jurisdictions of qualified
            nonimmigrants from the Republic of the Marshall
            Islands, the Federated States of Micronesia, or the
            Republic of Palau. The grants shall be--
                      (A) awarded and administered by the
                    Department of the Interior, Office of Insular
                    Affairs, or any successor thereto, in
                    accordance with regulations, policies and
                    procedures applicable to grants so awarded and
                    administered; and
                      (B) used only for health, educational,
                    social, or public safety services, or
                    infrastructure related to such services,
                    specifically affected by qualified
                    nonimmigrants.
              (4) Enumeration.--The Secretary of the Interior shall
            conduct periodic enumerations of qualified
            nonimmigrants in each affected jurisdiction. The
            enumerations--
                      (A) shall be conducted at such intervals as
                    the Secretary of the Interior shall determine,
                    but no less frequently than every five years,
                    beginning in fiscal year 2003;
                      (B) shall be supervised by the United States
                    Bureau of the Census or such other organization
                    as the Secretary of the Interior may select;
                    and
                      (C) after fiscal year 2003, shall be funded
                    by the Secretary of the Interior by deducting
                    such sums as are necessary, but not to exceed
                    $300,000 as adjusted for inflation pursuant to
                    section 217 of the U.S.-FSM Compact with fiscal
                    year 2003 as the base year, per enumeration,
                    from funds appropriated pursuant to the
                    authorization contained in paragraph (3) of
                    this subsection.
              (5) Allocation.--The Secretary of the Interior shall
            allocate to the government of each affected
            jurisdiction, on the basis of the results of the most
            recent enumeration, grants in an aggregate amount equal
            to the total amount of funds appropriated under
            paragraph (3) of this subsection, as reduced by any
            deductions authorized by subparagraph (C) of paragraph
            (4) of this subsection, multiplied by a ratio derived
            by dividing the number of qualified nonimmigrants in
            such affected jurisdiction by the total number of
            qualified nonimmigrants in all affected jurisdictions.
              (6) Authorization for health care reimbursement.--
            There are hereby authorized to be appropriated to the
            Secretary of the Interior such sums as may be necessary
            to reimburse health care institutions in the affected
            jurisdictions for costs resulting from the migration of
            citizens of the Republic of the Marshall Islands, the
            Federated States of Micronesia and the Republic of
            Palau to the affected jurisdictions as a result of the
            implementation of the Compact of Free Association,
            approved by Public Law 99-239, or the approval of the
            U.S.-FSM Compact and the U.S.-RMI Compact by this
            resolution.
              (7) Use of dod medical facilities and national health
            service corps.--
                      (A) DOD medical facilities.--The Secretary of
                    Defense shall make available, on a space
                    available and reimbursable basis, the medical
                    facilities of the Department of Defense for use
                    by citizens of the Federated States of
                    Micronesia and the Republic of the Marshall
                    Islands who are properly referred to the
                    facilities by government authorities
                    responsible for provision of medical services
                    in the Federated States of Micronesia, the
                    Republic of the Marshall Islands, the Republic
                    of Palau and the affected jurisdictions.
                      (B) National health service corps.--The
                    Secretary of Health and Human Services shall
                    continue to make the services of the National
                    Health Service Corps availableto the residents
                    of the Federated States of Micronesia and the
                    Republic of the Marshall Islands to the same
                    extent and for so long as such services are
                    authorized to be provided to persons residing
                    in any other areas within or outside the United
                    States.
                      (C) Authorization of appropriations.--There
                    are authorized to be appropriated to carry out
                    this paragraph such sums as are necessary for
                    each fiscal year.
              (8) Reporting requirement.--Not later than one year
            after the date of enactment of this joint resolution,
            and at one year intervals thereafter, the Governors of
            Guam, the State of Hawaii, the Commonwealth of the
            Northern Mariana Islands, and American Samoa may
            provide to the Secretary of the Interior by February 1
            of each year their comments with respect to the impacts
            of the Compacts on their respective jurisdiction. The
            Secretary of the Interior, upon receipt of any such
            comments, shall report to the Congress not later than
            May 1 of each year to include the following:
                      (A) The Governor's comments on the impacts of
                    the Compacts as well as the Administration's
                    analysis of such impact.
                      (B) The Administration views on any
                    recommendations for corrective action to
                    eliminate those consequences as proposed by
                    such Governors.
                      (C) With regard to immigration, statistics
                    concerning the number of persons availing
                    themselves of the rights described in section
                    141(a) of the Compact during the year covered
                    by each report.
                      (D) With regard to trade, an analysis of the
                    impact on the economy of American Samoa
                    resulting from imports of canned tuna into the
                    United States from the Federated States of
                    Micronesia, and the Republic of the Marshall
                    Islands.
              (9) Reconciliation of unreimbursed impact expenses.--
                      (A) In general.--Notwithstanding any other
                    provision of law, the President, to address
                    previously accrued and unreimbursed impact
                    expenses, may at the request of the Governor of
                    Guam or the Governor of the Commonwealth of the
                    Northern Mariana Islands, reduce, release, or
                    waive all or part of any amounts owed by the
                    Government of Guam or the Government of the
                    Commonwealth of the Northern Mariana Islands
                    (or either government's autonomous agencies or
                    instrumentalities), respectively, to any
                    department, agency, independent agency, office,
                    or instrumentality of the United States.
                      (B) Terms and conditions.--
                              (i) Substantiation of impact costs.--
                            Not later than 120 days after the date
                            of the enactment of this resolution,
                            the Governor of Guam and the Governor
                            of the Commonwealth of the Northern
                            Mariana Islands shall each submit to
                            the Secretary of the Interior a report,
                            prepared in consultation with an
                            independent accounting firm,
                            substantiating unreimbursed impact
                            expenses claimed for the period from
                            January 14, 1986, through September 30,
                            2003. Upon request of the Secretary of
                            the Interior, the Governor of Guam and
                            the Governor of the Commonwealth of the
                            Northern Mariana Islands shall submit
                            to the Secretary of the Interior copies
                            of all documents upon which the report
                            submitted by that Governor under this
                            clause was based.
                              (ii) Congressional notification.--The
                            President shall notify Congress of his
                            intent to exercise the authority
                            granted in subparagraph (A).
                              (iii) Congressional review and
                            comment.--Any reduction, release, or
                            waiver under this Act shall not take
                            effect until 60 days after the
                            President notifies Congress of his
                            intent to approve a request of the
                            Governor of Guam or the Governor of the
                            Commonwealth of the Northern Mariana
                            Islands. In exercising his authority
                            under this section and in determining
                            whether to give final approval to a
                            request, the President shall take into
                            consideration comments he may receive
                            after Congressional review.
                              (iv) Expiration.--The authority
                            granted in subparagraph (A) shall
                            expire on February 28, 2005.
              (10) Authorization of appropriations for grants.--
            There are hereby authorized to the Secretary of the
            Interior for each of fiscal years 2004 through 2023
            such sums as may be necessary for grants to the
            governments of Guam, the State of Hawaii, the
            Commonwealth of the Northern Mariana Islands, and
            American Samoa, as a result of increased demands placed
            on educational, social, or public safety services or
            infrastructure related to service due to the presence
            in Guam, Hawaii, the Commonwealth of the Northern
            Mariana Islands, and American Samoa of qualified
            nonimmigrants from the Federated States of Micronesia,
            the Republic of the Marshall Islands, and the Republic
            of Palau.
        (f) Foreign Loans.--Congress hereby reaffirms the United
    States position that the United States Government is not
    responsible for foreign loans or debt obtained by the
    Governments of the Federated States of Micronesia and the
    Republic of the Marshall Islands.
        (g) Sense of Congress Concerning Funding of Public
    Infrastructure.--It is the sense of Congress that not less than
    30 percent of the United States annual grant assistance
    provided under section 211 of 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, and not less than 30 percent of the total amount of
    section 211 funds allocated to each of the States of the
    Federated States of Micronesia, shall be invested in
    infrastructure improvements and maintenance in accordance with
    section 211(a)(6). It is further the sense of Congress that not
    less than 30 percent of the United States annual grant
    assistance provided under section 211 of 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, shall be invested in infrastructure
    improvements and maintenance in accordance with section 211(d).
        (h) Reports and Reviews.--
              (1) Report by the president.--Not later than the end
            of the first full calendar year following enactment of
            this resolution, and not later than December 31 of each
            year thereafter, the President shall report to Congress
            regarding the Federated States of Micronesia and the
            Republic of the Marshall Islands, including but not
            limited to--
                      (A) general social, political, and economic
                    conditions, including estimates of economic
                    growth, per capita income, and migration rates;
                      (B) the use and effectiveness of United
                    States financial, program, and technical
                    assistance;
                      (C) the status of economic policy reforms
                    including but not limited to progress toward
                    establishing self-sufficient tax rates;
                      (D) the status of the efforts to increase
                    investment including: the rate of
                    infrastructure investment of U.S. financial
                    assistance under the U.S.-FSM Compact and the
                    U.S.-RMI Compact; non-U.S. contributions to the
                    trust funds, and the level of private
                    investment; and
                      (E) recommendations on ways to increase the
                    effectiveness of United States assistance and
                    to meet overall economic performance
                    objectives, including, if appropriate,
                    recommendations to Congress to adjust the
                    inflation rate or to adjust the contributions
                    to the Trust Funds based on non-U.S.
                    contributions.
              (2) Review.--During the year of the fifth, tenth, and
            fifteenth anniversaries of the date of enactment of
            this resolution, the Government of the United States
            shall review the terms of the respective Compacts and
            consider the overall nature and development of the
            U.S.-FSM and U.S.-RMI relationships including the
            topics set forth in subparagraphs (A) through (E) of
            paragraph (1). In conducting the reviews, the
            Government of the United States shall consider the
            operating requirements of the Government of the
            Federated States of Micronesia and the Government of
            the Republic of the Marshall Islands and their progress
            in meeting the development objectives set forth in
            their respective development plans. The President shall
            include in the annual reports to Congress for the years
            following the reviews the comments of the Government of
            the Federated States of Micronesia and the Government
            of the Republic of the Marshall Islands on the topics
            described in this paragraph, the President's response
            to the comments, the findings resulting from the
            reviews, and any recommendations for actions to respond
            to such findings.
              (3) By the comptroller general.--Not later than the
            date that is three years after the date of enactment of
            this joint resolution, and every 5 years thereafter,
            the Comptroller General of the United States shall
            submit to Congress a report on the Federated States of
            Micronesia and the Republic of the Marshall Islands
            including the topics set forth in paragraphs (1) (A)
            through (E) above, and on the effectiveness of
            administrative oversight by the United States.
        (i) Construction of Section 141(f).--Section 141(f)(2) of
    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 and of 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, shall be construed as though, after ``may
    by regulations prescribe'', there were included the following:
    ``, except that any such regulations that would have a
    significant effect on the admission, stay and employment
    privileges provided under this section shall not become
    effective until 90 days after the date of transmission of the
    regulations to the Committee on Energy and Natural Resources
    and the Committee on the Judiciary of the Senate and the
    Committee on Resources, the Committee on International
    Relations, and the Committee on the Judiciary of the House of
    Representatives''.
        (j) Inflation Adjustment.--As of Fiscal Year 2015, if the
    United States Gross Domestic Product Implicit Price Deflator
    average for Fiscal Years 2009 through 2013 is greater than
    United States Gross Domestic Product Implicit Price Deflator
    average for Fiscal Years 2004 through 2008 (as reported in the
    Survey of Current Business or subsequent publication and
    compiled by the Department of Interior), then section 217 of
    the U.S.-FSM Compact, paragraph 5 of Article II of the U.S.-FSM
    Fiscal Procedures Agreement, section 218 of the U.S.-RMI
    Compact, and paragraph 5 of Article II of the U.S.-RMI Fiscal
    Procedures Agreement shall be construed as if ``the full''
    appeared in place of ``two-thirds of the'' each place those
    words appear. If an inflation adjustment is made under this
    subsection, the base year for calculating the inflation
    adjustment shall be fiscal year 2014.
        (k) Participation by Secondary Schools in the Armed
    Services Vocational Aptitude Battery (ASVAB) Student Testing
    Program.--In furtherance of the provisions of Title Three,
    Article IV, Section 341 of the U.S.-FSM and the U.S.-RMI
    Compacts, the purpose of which is to establish the privilege to
    volunteer for service in the U.S. Armed Forces, it is the sense
    of Congress that, to facilitate eligibility of FSM and RMI
    secondary school students to qualify for such service, the
    Department of Defense may extend the Armed Services Vocational
    Aptitude Battery (ASVAB) Student Testing Program (STP) and the
    ASVAB Career Exploration Program to selected secondary Schools
    in the FSM and the RMI to the extent such programs are
    available to Department of Defense Dependent Schools located in
    foreign jurisdictions.

    SEC. 105.\7\ SUPPLEMENTAL PROVISIONS.

        (a) Domestic Program Requirements.--Except as may otherwise
    be provided in this joint resolution, all United States Federal
    programs and services extended to or operated in the Federated
    States of Micronesia or the Republic of the Marshall Islands
    are and shall remain subject to all applicable criteria,
    standards, reporting requirements, auditing procedures, and
    other rules and regulations applicable to such programs when
    operating in the United States (including its territories and
    commonwealths).
    ---------------------------------------------------------------------------
        \7\ 48 U.S.C. 1921d.
    ---------------------------------------------------------------------------
        (b) Relations With the Federated States of Micronesia and
    the Republic of the Marshall Islands.--
              (1) Appropriations made pursuant to Article I of
            Title Two and subsection (a)(2) of section 221 of
            article II of Title Two of the U.S.-FSM Compact and the
            U.S.-RMI Compact shall be made to the Secretary of the
            Interior, who shall have the authority necessary to
            fulfill his responsibilities for monitoring and
            managing the funds so appropriated consistent with the
            U.S.-FSM Compact and the U.S.-RMI Compact, including
            the agreements referred to in section 462(b)(4) of the
            U.S.-FSM Compact and U.S.-RMI Compact (relating to
            Fiscal Procedures) and the agreements referred to in
            section 462(b)(5) of the U.S.-FSM Compact and the U.S.-
            RMI Compact (regarding the Trust Fund).
              (2) Appropriations made pursuant to subsections
            (a)(1) and (a)(3) through (6) of section 221 of Article
            II of Title Two of the U.S.-FSM Compact and subsection
            (a)(1) and (a)(3) through (5) of the U.S.-RMI Compact
            shall be made directly to the agencies named in those
            subsections.
              (3) Appropriations for services and programs referred
            to in subsection (b) of section 221 of Article II of
            Title Two of the U.S.-FSM Compact or U.S.-RMI Compact
            and appropriations for services and programs referred
            to in sections 105(f) and 108(a) of this joint
            resolution shall be made to the relevant agencies in
            accordance with the terms of the appropriations for
            such services and programs.
              (4) Federal agencies providing programs and services
            to the Federated States of Micronesia and the Republic
            of the Marshall Islands shall coordinate with the
            Secretaries of the Interior and State regarding
            provision of such programs and services. The
            Secretaries of the Interior and State shall consult
            with appropriate officials of the Asian Development
            Bank and with the Secretary of the Treasury regarding
            overall economic conditions in the Federated States of
            Micronesia and the Republic of the Marshall Islands and
            regarding the activities of other donors of assistance
            to the Federated States of Micronesia and the Republic
            of the Marshall Islands.
              (5) United States Government employees in either the
            Federated States of Micronesia or the Republic of the
            Marshall Islands are subject to the authority of the
            United States Chief of Mission, including as elaborated
            in section 207 of the Foreign Service Act and the
            President's Letter of Instruction to the United States
            Chief of Mission and any order or directive of the
            President in effect from time to time.
              (6) Interagency group on freely associated states'
            affairs.--
                      (A) In general.--The President is hereby
                    authorized to appoint an Interagency Group on
                    Freely Associated States' Affairs to provide
                    policy guidance and recommendations on
                    implementation of the U.S.-FSM Compact and the
                    U.S.-RMI Compact to Federal departments and
                    agencies.
                      (B) Secretaries.--It is the sense of Congress
                    that the Secretary of State and the Secretary
                    of the Interior shall be represented on the
                    Interagency Group.
              (7) United states appointees to joint committees.--
                      (A) Joint economic management committee.--
                              (i) In general.--The three United
                            States appointees (United States chair
                            plus two members) to the Joint Economic
                            Management Committee provided for in
                            section 213 of the U.S.-FSM Compact and
                            Article III of the U.S.-FSM Fiscal
                            Procedures Agreement referred to in
                            section 462(b)(4) of the U.S.-FSM
                            Compact shall be United States
                            Government officers or employees.
                              (ii) Departments.--It is the sense of
                            Congress that 2 of the 3 appointees
                            should be designated from the
                            Department of State and the Department
                            of the Interior, and that U.S.
                            officials of the Asian Development Bank
                            shall be consulted in order to properly
                            coordinate U.S. and Asian Development
                            Bank financial, program, and technical
                            assistance.
                              (iii) Additional scope.--Section 213
                            of the U.S.-FSM Compact shall be
                            construed to read as though the phrase,
                            ``the implementation of economic policy
                            reforms to encourage investment and to
                            achieve self-sufficient tax rates,''
                            were inserted after ``with particular
                            focus on those parts of the plan
                            dealing with the sectors identified in
                            subsection (a) of section 211''.
                      (B) Joint economic management and financial
                    accountability committee.--
                              (i) In general.--The three United
                            States appointees (United States chair
                            plus two members) to the Joint Economic
                            Management and Financial Accountability
                            Committee provided for in section 214
                            of the U.S.-RMI Compact and Article III
                            of the U.S.-RMI Fiscal Procedures
                            Agreement referred to in section
                            462(b)(4) of the U.S.-RMI Compact shall
                            be United States Government officers or
                            employees.
                              (ii) Departments.--It is the sense of
                            Congress that 2 of the 3 appointees
                            should be designated from the
                            Department of State and the Department
                            of the Interior, and that U.S.
                            officials of the Asian Development Bank
                            shall be consulted in order to properly
                            coordinate U.S. and Asian Development
                            Bank financial, program, and technical
                            assistance.
                              (iii) Additional scope.--Section 214
                            of the U.S.-RMI Compact shall be
                            construed to read as though the phrase,
                            ``the implementation of economic policy
                            reforms to encourage investment and to
                            achieve self-sufficient tax rates,''
                            were inserted after ``with particular
                            focus on those parts of the framework
                            dealing with the sectors and areas
                            identified in subsection (a) of section
                            211''.
              (8) Oversight and coordination.--It is the sense of
            Congress that the Secretary of State and the Secretary
            of the Interior shall ensure that there are personnel
            resources committed in the appropriate numbers and
            locations to ensure effective oversight of United
            States assistance, and effective coordination of
            assistance among United States agencies and with other
            international donors such as the Asian Development
            Bank.
              (9) The United States voting members (United States
            chair plus two or more members) of the Trust Fund
            Committee appointed by the Government of the United
            States pursuant to Article 7 of the Trust Fund
            Agreement implementing section 215 of the U.S.-FSM
            Compact and referred to in section 462(b)(5) of the
            U.S.-FSM Compact and any alternates designated by the
            Government of the United States shall be United States
            Government officers or employees. The United States
            voting members (United States chair plus two or more
            members) of the Trust Fund Committee appointed by the
            Government of the United States pursuant to Article 7
            of the Trust Fund Agreement implementing section 216 of
            the U.S.-RMI Compact and referred to in section
            462(b)(5) of the U.S.-RMI Compact and any alternates
            designated by the Government of the United States shall
            be United States Government officers or employees. It
            is the sense of Congress that the appointees should be
            designated from the Department of State, the Department
            of the Interior, and the Department of the Treasury.
              (10) The Trust Fund Committee provided for in Article
            7 of the U.S.-FSM Trust Fund Agreement implementing
            section 215 of the U.S.-FSM Compact shall be a
            nonprofit corporation incorporated under the laws of
            the District of Columbia. To the extent that any law,
            rule, regulation or ordinance of the District of
            Columbia, or of any State or political subdivision
            thereof in which the Trust Fund Committee is
            incorporated or doing business, impedes or otherwise
            interferes with the performance of the functions of the
            Trust Fund Committee pursuant to this joint resolution,
            such law, rule, regulation, or ordinance shall be
            deemed to be preempted by this joint resolution. The
            Trust Fund Committee provided for in Article 7 of the
            U.S.-RMI Trust Fund Agreement implementing section 216
            of the U.S.-RMI Compact shall be a non-profit
            corporation incorporated under the laws of the District
            of Columbia. To the extent that any law, rule,
            regulation or ordinance of the District of Columbia, or
            of any State or political subdivision thereof in which
            the Trust Fund Committee is incorporated or doing
            business, impedes or otherwise interferes with the
            performance of the functions of the Trust Fund
            Committee pursuant to this joint resolution, such law,
            rule, regulation, or ordinance shall be deemed to be
            preempted by this joint resolution.
        (c) Continuing Trust Territory Authorization.--The
    authorization provided by the Act of June 30, 1954, as amended
    (68 Stat. 330) shall remain available after the effective date
    of the Compact with respect to the Federated States of
    Micronesia and the Republic of the Marshall Islands for the
    following purposes:
              (1) Prior to October 1, 1986, for any purpose
            authorized by the Compact or the joint resolution of
            January 14, 1986 (Public Law 99-239).
              (2) Transition purposes, including but not limited
            to, completion of projects and fulfillment of
            commitments or obligations; termination of the Trust
            Territory Government and termination of the High Court;
            health and education as a result of exceptional
            circumstances; ex gratia contributions for the
            populations of Bikini, Enewetak, Rongelap, and Utrik;
            and technical assistance and training in financial
            management, program administration, and maintenance of
            infrastructure.
        (d) Survivability.--In furtherance of the provisions of
    Title Four, Article V, sections 452 and 453 of the U.S.-FSM
    Compact and the U.S.-RMI Compact, any provisions of the U.S.-
    FSM Compact or the U.S.-RMI Compact which remain effective
    after the termination of the U.S.-FSM Compact or U.S.-RMI
    Compact by the act of any party thereto and which are affected
    in any manner by provisions of this title shall remain subject
    to such provisions.
        (e) Noncompliance Sanctions; Actions Incompatible With
    United States Authority.--Congress expresses its understanding
    that the Governments of the Federated States of Micronesia and
    the Republic of the Marshall Islands will not act in a manner
    incompatible with the authority and responsibility of the
    United States for security and defense matters in or related to
    the Federated States of Micronesia or the Republic of the
    Marshall Islands pursuant to the U.S.-FSM Compact or the U.S.-
    RMI Compact, including the agreements referred to in sections
    462(a)(2) of the U.S.-FSM Compact and 462(a)(5) of the U.S.-RMI
    Compact. Congress further expresses its intention that any such
    act on the part of either such Government will be viewed by the
    United States as a material breach of the U.S.-FSM Compact or
    U.S.-RMI Compact. The Government of the United States reserves
    the right in the event of such a material breach of the U.S.-
    FSM Compact by the Government of the Federated States of
    Micronesia or the U.S.-RMI Compact by the Government of the
    Republic of the Marshall Islands to take action, including (but
    not limited to) the suspension in whole or in part of the
    obligations of the Government of the United States to that
    Government.
        (f) Continuing Programs and Laws.--
              (1) Federated states of micronesia and republic of
            the marshall islands.--In addition to the programs and
            services set forth in section 221 of the Compact, and
            pursuant to section 222 of the Compact, the programs
            and services of the following agencies shall be made
            available to the Federated States of Micronesia and to
            the Republic of the Marshall Islands:
                      (A) Continuation of the programs and services
                    of the federal emergency management agency.--
                    Except as provided in clauses (ii) and (iii),
                    the programs and services of the Department of
                    Homeland Security, Federal Emergency Management
                    Agency shall continue to be available to the
                    Federated States of Micronesia and the Republic
                    of the Marshall Islands to the same extent as
                    such programs and services were available in
                    fiscal year 2003.
                              (i) Paragraph (a)(6) of section 221
                            of the U.S.-FSM Compact and paragraph
                            (a)(5) of the U.S.-RMI Compact shall
                            each be construed as though the
                            paragraph reads as follows: ``the
                            Department of Homeland Security, United
                            States Federal Emergency Management
                            Agency.''.
                              (ii) Subsection (d) of section 211 of
                            the U.S.-FSM Compact and subsection (e)
                            of section 211 of the U.S.-RMI Compact
                            shall each be construed as though the
                            subsection reads as follows: ``Not more
                            than $200,000 (as adjusted for
                            inflation pursuant to section 217 of
                            the U.S.-FSM Compact and section 218 of
                            the U.S.-RMI Compact) shall be made
                            available by the Secretary of the
                            Interior to the Department of Homeland
                            Security, Federal Emergency Management
                            Agency to facilitate the activities of
                            the Federal Emergency Management Agency
                            in accordance with and to the extent
                            provided in the Federal Programs and
                            Services Agreement.''.
                              (iii) The Secretary of State, in
                            consultation with the Department of
                            Homeland Security and the Federal
                            Emergency Management Agency, shall
                            immediately undertake negotiations with
                            the Government of the Federated States
                            of Micronesia and the Government of the
                            Republic of the Marshall Islands
                            regarding disaster assistance and shall
                            report to the appropriate committees of
                            Congress no later than June 30, 2004,
                            on the outcome of such negotiations,
                            including recommendations for changes
                            to law regarding disaster assistance
                            under the U.S.-FSM Compact and the
                            U.S.-RMI Compact, and including
                            subsidiary agreements as needed to
                            implement such changes to law. If an
                            agreement is not concluded, and
                            legislation enacted which reflects such
                            agreement, before the date which is
                            five years after the date of enactment
                            of this Joint Resolution, the following
                            provisions shall apply:
                              ``Paragraph (a)(6) of section 221 of
                            the U.S.-FSM Compact and paragraph
                            (a)(5) of section 221 of the U.S.-RMI
                            Compact shall each be construed and
                            applied as if each provision reads as
                            follows:
                              ``The U.S. Agency for International
                            Development shall be responsible for
                            the provision of emergency and disaster
                            relief assistance in accordance with
                            its statutory authorities, regulations
                            and policies. The Republic of the
                            Marshall Islands and the Federated
                            States of Micronesia may additionally
                            request that the President make an
                            emergency or major disaster
                            declaration. If the President declares
                            an emergency or major disaster, the
                            Department of Homeland Security (DHS),
                            the Federal Emergency Management Agency
                            (FEMA) and the U.S. Agency for
                            International Development shall jointly
                            (a) assess the damage caused by the
                            emergency or disaster and (b) prepare a
                            reconstruction plan including an
                            estimate of the total amount of Federal
                            resources that are needed for
                            reconstruction. Pursuant to an
                            interagency agreement, FEMA shall
                            transfer funds from the Disaster Relief
                            Fund in the amount of the estimate,
                            together with an amount to be
                            determined for administrative expenses,
                            to the U.S. Agency for International
                            Development, which shall carry out
                            reconstruction activities in the
                            Republic of the Marshall Islands and
                            the Federated States of Micronesia in
                            accordance with the reconstruction
                            plan. For purposes of Disaster Relief
                            Fund appropriations, the funding of the
                            activities to be carried out pursuant
                            to this paragraph shall be deemed to be
                            necessary expenses in carrying out the
                            Robert T. Stafford Disaster Relief and
                            Emergency Assistance Act (42 U.S.C.
                            5121 et seq.).
                              ``DHS may provide to the Republic of
                            the Marshall Islands and the Federated
                            States of Micronesia preparedness
                            grants to the extent that such
                            assistance is available to the States
                            of the United States. Funding for this
                            assistance may be made available from
                            appropriations made to DHS for
                            preparedness activities.''.
                      (B) Treatment of additional programs.--
                              (i) Consultation.--The United States
                            appointees to the committees
                            established pursuant to section 213 of
                            the U.S.-FSM Compact and section 214 of
                            the U.S.-RMI Compact shall consult with
                            the Secretary of Education regarding
                            the objectives, use, and monitoring of
                            United States financial, program, and
                            technical assistance made available for
                            educational purposes.
                              (ii) Continuing programs.--The
                            Government of the United States--
                                      (I) shall continue to make
                                    available to the Federated
                                    States of Micronesia and the
                                    Republic of the Marshall
                                    Islands for fiscal years 2004
                                    through 2023, the services to
                                    individuals eligible for such
                                    services under the Individuals
                                    with Disabilities Education Act
                                    (20 U.S.C. 1400 et seq.) to the
                                    extent that such services
                                    continue to be available to
                                    individuals in the United
                                    States; and
                                      (II) shall continue to make
                                    available to eligible
                                    institutions in the Federated
                                    States of Micronesia and the
                                    Republic of the Marshall
                                    Islands, and to students
                                    enrolled in such institutions,
                                    and in institutions in the
                                    United States and its
                                    territories, for fiscal years
                                    2004 through 2023, grants under
                                    subpart 1 of part A of title IV
                                    of the Higher Education Act of
                                    1965 (20 U.S.C. 1070a et seq.)
                                    to the extent that such grants
                                    continue to be available to
                                    institutions and students in
                                    the United States.
                              (iii) Supplemental education
                            grants.--In lieu of eligibility for
                            appropriations under part A of title I
                            of the Elementary and Secondary
                            Education Act of 1965 (20 U.S.C. 6311
                            et seq.), title I of the Workforce
                            Investment Act of 1998 (29 U.S.C. 2801
                            et seq.), other than subtitle C of that
                            Act (29 U.S.C. 2881 et seq.) (Job
                            Corps), title II of the Workforce
                            Investment Act of 1998 (20 U.S.C. 9201
                            et seq.; commonly known as the Adult
                            Education and Family Literacy Act),
                            title I of the Carl D. Perkins
                            Vocational and Technical Education Act
                            of 1998 (20 U.S.C. 2321 et seq.), the
                            Head Start Act (42 U.S.C. 9831 et
                            seq.), and subpart 3 of part A, and
                            part C, of title IV of the Higher
                            Education Act of 1965 (20 U.S.C. 1070b
                            et seq., 42 U.S.C. 2751 et seq.), there
                            are authorized to be appropriated to
                            the Secretary of Education to
                            supplement the education grants under
                            section 211(a)(1) of the U.S.-FSM
                            Compact and section 211(a)(1) of the
                            U.S.-RMI Compact, respectively, the
                            following amounts:
                                      (I) $12,230,000 for the
                                    Federated States of Micronesia
                                    for fiscal year 2005 and an
                                    equivalent amount, as adjusted
                                    for inflation under section 217
                                    of the U.S.-FSM Compact, for
                                    each of fiscal years 2005
                                    through 2023; and
                                      (II) $6,100,000 for the
                                    Republic of the Marshall
                                    Islands for fiscal year 2005
                                    and an equivalent amount, as
                                    adjusted for inflation under
                                    section 218 of the U.S.-RMI
                                    Compact, for each of fiscal
                                    years 2005 through 2023, except
                                    that citizens of the Federated
                                    States of Micronesia and the
                                    Republic of the Marshall
                                    Islands who attend an
                                    institution of higher education
                                    in the United States or its
                                    territories, the Federated
                                    States of Micronesia, or the
                                    Republic of the Marshall
                                    Islands on the date of
                                    enactment of this joint
                                    resolution may continue to
                                    receive assistance under such
                                    subpart 3 of part A or part C,
                                    for not more than 4 academic
                                    years after such date to enable
                                    such citizens to complete their
                                    program of study.
                              (iv) Fiscal procedures.--
                            Appropriations made pursuant to clause
                            (iii) shall be used and monitored in
                            accordance with an agreement between
                            the Secretary of Education, the
                            Secretary of Labor, the Secretary of
                            Health and Human Services, and the
                            Secretary of the Interior, and in
                            accordance with the respective Fiscal
                            Procedures Agreements referred to in
                            section 462(b)(4) of the U.S.-FSM
                            Compact and section 462(b)(4) of the
                            U.S.-RMI Compact. The agreement between
                            the Secretary of Education, the
                            Secretary of Labor, the Secretary of
                            Health and Human Services, and the
                            Secretary of the Interior shall provide
                            for the transfer, not later than 60
                            days after the appropriations made
                            pursuant to clause (iii) become
                            available to the Secretary of
                            Education, the Secretary of Labor, and
                            the Secretary of Health and Human
                            Services, from the Secretary of
                            Education, the Secretary of Labor, and
                            the Secretary of Health and Human
                            Services, to the Secretary of the
                            Interior for disbursement.
                              (v) Formula education grants.--For
                            fiscal years 2005 through 2023, except
                            as provided in clause (ii) and the
                            exception provided under clause (iii),
                            the Governments of the Federated States
                            of Micronesia and the Republic of the
                            Marshall Islands shall not receive any
                            grant under any formula-grant program
                            administered by the Secretary of
                            Education or the Secretary of Labor,
                            nor any grant provided through the Head
                            Start Act (42 U.S.C. 9831 et seq.)
                            administered by the Secretary of Health
                            and Human Services.
                              (vi) Transition.--For fiscal year
                            2004, the Governments of the Federated
                            States of Micronesia and the Republic
                            of the Marshall Islands shall continue
                            to be eligible for appropriations and
                            to receive grants under the provisions
                            of law specified in clauses (ii) and
                            (iii).
                              (vii) Technical assistance.--The
                            Federated States of Micronesia and the
                            Republic of the Marshall Islands may
                            request technical assistance from the
                            Secretary of Education, the Secretary
                            of Health and Human Services, or the
                            Secretary of Labor the terms of which,
                            including reimbursement, shall be
                            negotiated with the participation of
                            the appropriate cabinet officer for
                            inclusion in the Federal Programs and
                            Services Agreement.
                              (viii) Continued eligibility for
                            competitive grants.--The Governments of
                            the Federated States of Micronesia and
                            the Republic of the Marshall Islands
                            shall continue to be eligible for
                            competitive grants administered by the
                            Secretary of Education, the Secretary
                            of Health and Human Services, and the
                            Secretary of Labor to the extent that
                            such grants continue to be available to
                            State and local governments in the
                            United States.
                              (ix) Applicability.--The Republic of
                            Palau shall remain eligible for
                            appropriations and to receive grants
                            under the provisions of law specified
                            in clauses (ii) and (iii) until the end
                            of fiscal year 2007, to the extent the
                            Republic of Palau was so eligible under
                            such provisions in fiscal year 2003.
                      (C) The Legal Services Corporation.
                      (D) The Public Health Service.
                      (E) The Rural Housing Service (formerly, the
                    Farmers Home Administration) in the Marshall
                    Islands and each of the four States of the
                    Federated States of Micronesia: Provided, That
                    in lieu of continuation of the program in the
                    Federated States of Micronesia, the President
                    may agree to transfer to the Government of the
                    Federated States of Micronesia without cost,
                    the portfolio of the Rural Housing Service
                    applicable to the Federated States of
                    Micronesia and provide such technical
                    assistance in management of the portfolio as
                    may be requested by the Federated States of
                    Micronesia.
              (2) Tort claims.--The provisions of section 178 of
            the U.S.-FSM Compact and the U.S.-RMI Compact regarding
            settlement and payment of tort claims shall apply to
            employees of any Federal agency of the Government of
            the United States (and to any other person employed on
            behalf of any Federal agency of the Government of the
            United States on the basis of a contractual,
            cooperative, or similar agreement) which provides any
            service or carries out any other function pursuant to
            or in furtherance of any provisions of the U.S.-FSM
            Compact or the U.S.-RMI Compact or this joint
            resolution, except for provisions of Title Three of the
            Compact and of the subsidiary agreements related to
            such Title, in such area to which such Agreement
            formerly applied.
              (3) PCB cleanup.--The programs and services of the
            Environmental Protection Agency regarding PCBs shall,
            to the extent applicable, as appropriate, and in
            accordance with applicable law, be construed to be made
            available to such islands for the cleanup of PCBs
            imported prior to 1987. The Secretary of the Interior
            and the Secretary of Defense shall cooperate and assist
            in any such cleanup activities.
        (g) College of Micronesia.--Until otherwise provided by Act
    of Congress, or until termination of the U.S.-FSM Compact and
    the U.S.-RMI Compact, the College of Micronesia shall retain
    its status as a land-grant institution and its eligibility for
    all benefits and programs available to such land-grant
    institutions.
        (h) Trust Territory Debts to U.S. Federal Agencies.--
    Neither the Government of the Federated States of Micronesia
    nor the Government of the Marshall Islands shall be required to
    pay to any department, agency, independent agency, office, or
    instrumentality of the United States any amounts owed to such
    department, agency, independent agency, office, or
    instrumentality by the Government of the Trust Territory of the
    Pacific Islands as of the effective date of the Compact. There
    is authorized to be appropriated such sums as may be necessary
    to carry out the purposes of this subsection.
        (i) Judicial Training.--
              (1) In general.--In addition to amounts provided
            under section 211(a)(4) of the U.S.-FSM Compact and the
            U.S.-RMI Compact, the Secretary of the Interior shall
            annually provide $300,000 for the training of judges
            and officials of the judiciary in the Federated States
            of Micronesia and the Republic of the Marshall Islands
            in cooperation with the Pacific Islands Committee of
            the Ninth Circuit Judicial Council and in accordance
            with and to the extent provided in the Federal Programs
            and Services Agreement and the Fiscal Procedure
            Agreement, as appropriate.
              (2) Authorization and continuing appropriation.--
            There is hereby authorized and appropriated to the
            Secretary of the Interior, out of any funds in the
            Treasury not otherwise appropriated, to remain
            available until expended, for each fiscal year from
            2004 through 2023, $300,000, as adjusted for inflation
            under section 218 of the U.S.-FSM Compact and the U.S.-
            RMI Compact, to carry out the purposes of this section.
        (j) Technical Assistance.--Technical assistance may be
    provided pursuant to section 224 of the U.S.-FSM Compact or the
    U.S.-RMI Compact by Federal agencies and institutions of the
    Government of the United States to the extent such assistance
    may be provided to States, territories, or units of local
    government. Such assistance by the Forest Service, the Natural
    Resources Conservation Service, the Fish and Wildlife Service,
    the National Marine Fisheries Service, the United States Coast
    Guard, and the Advisory Council on Historic Preservation, the
    Department of the Interior, and other agencies providing
    assistance under the National Historic Preservation Act (80
    Stat. 915; 16 U.S.C. 470-470t), shall be on a nonreimbursable
    basis. During the period the U.S.-FSM Compact and the U.S.-RMI
    Compact are in effect, the grant programs under the National
    Historic Preservation Act shall continue to apply to the
    Federated States of Micronesia and the Republic of the Marshall
    Islands in the same manner and to the same extent as prior to
    the approval of the Compact. Any funds provided pursuant to
    sections 102(a), 103(a), 103(b), 103(f), 103(g), 103(h),
    103(j), 105(c), 105(g), 105(h), 105(i), 105(j), 105(k), 105(l),
    and 105(m) of this joint resolution shall be in addition to and
    not charged against any amounts to be paid to either the
    Federated States of Micronesia or the Republic of the Marshall
    Islands pursuant to the U.S.-FSM Compact, the U.S.-RMI Compact,
    or their related subsidiary agreements.
        (k) Prior Service Benefits Program.--Notwithstanding any
    other provision of law, persons who on January 1, 1985, were
    eligible to receive payment under the Prior Service Benefits
    Program established within the Social Security System of the
    Trust Territory of the Pacific Islands because of their
    services performed for the United States Navy or the Government
    of the Trust Territory of the Pacific Islands prior to July 1,
    1968, shall continue to receive such payments on and after the
    effective date of the Compact.
        (l) Indefinite Land Use Payments.--There are authorized to
    be appropriated such sums as may be necessary to complete
    repayment by the United States of any debts owed for the use of
    various lands in the Federated States of Micronesia and the
    Marshall Islands prior to January 1, 1985.
        (m) Communicable Disease Control Program.--There are
    authorized to be appropriated for grants to the Government of
    the Federated States of Micronesia, the Government of the
    Republic of the Marshall Islands, and the governments of the
    affected jurisdictions, such sums as may be necessary for
    purposes of establishing or continuing programs for the control
    and prevention of communicable diseases, including (but not
    limited to) cholera, tuberculosis, and Hansen's Disease. The
    Secretary of the Interior shall assist the Government of the
    Federated States of Micronesia, the Government of the Republic
    of the Marshall Islands and the governments of the affected
    jurisdictions in designing and implementing such a program.
        (n) User Fees.--Any person in the Federated States of
    Micronesia or the Republic of the Marshall Islands shall be
    liable for user fees, if any, for services provided in the
    Federated States of Micronesia or the Republic of the Marshall
    Islands by the Government of the United States to the same
    extent as any person in the United States would be liable for
    fees, if any, for such services in the United States.
        (o) Treatment of Judgments of Courts of the Federated
    States of Micronesia, the Republic of the Marshall Islands, and
    the Republic of Palau.--No judgment, whenever issued, of a
    court of the Federated States of Micronesia, the Republic of
    the Marshall Islands, or the Republic of Palau, against the
    United States, its departments and agencies, or officials of
    the United States or any other individuals acting on behalf of
    the United States within the scope of their official duty,
    shall be honored by the United States, or be subject to
    recognition or enforcement in a court in the United States,
    unless the judgment is consistent with the interpretation by
    the United States of international agreements relevant to the
    judgment. In determining the consistency of a judgment with an
    international agreement, due regard shall be given to
    assurances made by the Executive Branch to Congress of the
    United States regarding the proper interpretation of the
    international agreement.
        (p) Establishment of Trust Funds; Expedition of Process.--
              (1) In general.--The Trust Fund Agreement executed
            pursuant to the U.S.-FSM Compact and the Trust Fund
            Agreement executed pursuant to the U.S.-RMI Compact
            each provides for the establishment of a trust fund.
              (2) Method of establishment.--The trust fund may be
            established by--
                      (A) creating a new legal entity to constitute
                    the trust fund; or
                      (B) assuming control of an existing legal
                    entity including, without limitation, a trust
                    fund or other legal entity that was established
                    by or at the direction of the Government of the
                    United States, the Government of the Federated
                    States of Micronesia, the Government of the
                    Republic of the Marshall Islands, or otherwise
                    for the purpose of facilitating or expediting
                    the establishment of the trust fund pursuant to
                    the applicable Trust Fund Agreement.
              (3) Obligations.--For the purpose of expediting the
            commencement of operations of a trust fund under either
            Trust Fund Agreement, the trust fund may, but shall not
            be obligated to, assume any obligations of an existing
            legal entity and take assignment of any contract or
            other agreement to which the existing legal entity is
            party.
              (4) Assistance.--Without limiting the authority that
            the United States Government may otherwise have under
            applicable law, the United States Government may, but
            shall not be obligated to, provide financial,
            technical, or other assistance directly or indirectly
            to the Government of the Federated States of Micronesia
            or the Government of the Republic of the Marshall
            Islands for the purpose of establishing and operating a
            trust fund or other legal entity that will solicit bids
            from, and enter into contracts with, parties willing to
            serve in such capacities as trustee, depositary, money
            manager, or investment advisor, with the intention that
            the contracts will ultimately be assumed by and
            assigned to a trust fund established pursuant to a
            Trust Fund Agreement.

    SEC. 106.\8\ CONSTRUCTION CONTRACT ASSISTANCE.

        (a) Assistance to U.S. Firms.--In order to assist the
    Governments of the Federated States of Micronesia and of the
    Republic of the Marshall Islands through private sector firms
    which may be awarded contracts for construction or major repair
    of capital infrastructure within the Federated States of
    Micronesia or the Republic of the Marshall Islands, the United
    States shall consult with the Governments of the Federated
    States of Micronesia and the Republic of the Marshall Islands
    with respect to any such contracts, and the United States shall
    enter into agreements with such firms whereby such firms will,
    consistent with applicable requirements of such Governments--
    ---------------------------------------------------------------------------
        \8\ 48 U.S.C. 1921e.
    ---------------------------------------------------------------------------
              (1) to the maximum extent possible, employ citizens
            of the Federated States of Micronesia and the Republic
            of the Marshall Islands;
              (2) to the extent that necessary skills are not
            possessed by citizens of the Federated States of
            Micronesia and the Republic of the Marshall Islands,
            provide on the job training, with particular emphasis
            on the development of skills relating to operation of
            machinery and routine and preventative maintenance of
            machinery and other facilities; and
              (3) provide specific training or other assistance in
            order to enable the Government to engage in long-term
            maintenance of infrastructure.
    Assistance by such firms pursuant to this section may not
    exceed 20 percent of the amount of the contract and shall be
    made available only to such firms which meet the definition of
    United States firm under the nationality rule for suppliers of
    services of the Agency for International Development (hereafter
    in this section referred to as ``United States firms''). There
    are authorized to be appropriated such sums as may be necessary
    for the purposes of this subsection.
        (b) Authorization of Appropriations.--There are authorized
    to be appropriated such sums as may be necessary to cover any
    additional costs incurred by the Government of the Federated
    States of Micronesia or the Republic of the Marshall Islands if
    such Governments, pursuant to an agreement entered into with
    the United States, apply a preference on the award of contracts
    to United States firms, provided that the amount of such
    preference does not exceed 10 percent of the amount of the
    lowest qualified bid from a non-United States firm for such
    contract.

    SEC. 107.\9\ PROHIBITION.

        All laws governing conflicts of interest and post-
    employment of Federal employees shall apply to the
    implementation of this Act.
    ---------------------------------------------------------------------------
        \9\ 48 U.S.C. 1921f.
    ---------------------------------------------------------------------------

    SEC. 108.\10\ COMPENSATORY ADJUSTMENTS.

        (a) Additional Programs and Services.--In addition to the
    programs and services set forth in section 221 of the U.S.-FSM
    Compact and the U.S.-RMI Compact, and pursuant to section 222
    of the U.S.-FSM Compact and the U.S.-RMI Compact, the services
    and programs of the following United States agencies shall be
    made available to the Federated States of Micronesia and the
    Republic of the Marshall Islands: the Small Business
    Administration, Economic Development Administration, the Rural
    Utilities Services (formerly Rural Electrification
    Administration); the programs and services of the Department of
    Labor under subtitle C of title I of the Workforce Investment
    Act of 1998 (29 U.S.C. 2881 et seq.; relating to Job Corps);
    and the programs and services of the Department of Commerce
    relating to tourism and to marine resource development.
    ---------------------------------------------------------------------------
        \10\ 48 U.S.C. 1921g.
    ---------------------------------------------------------------------------
        (b) Further Amounts.--
              (1) The joint resolution of January 14, 1986 (Public
            Law 99-239) provided that the governments of the
            Federated States of Micronesia and the Marshall Islands
            may submit to Congress reports concerning the overall
            financial and economic impacts on such areas resulting
            from the effect of title IV of that joint resolution
            upon Title Two of the Compact. There were authorized to
            be appropriated for fiscal years beginning after
            September 30, 1990, such amounts as necessary, but not
            to exceed $40,000,000 for the Federated States of
            Micronesia and $20,000,000 for the Marshall Islands, as
            provided in appropriation acts, to further compensate
            the governments of such islands (in addition to the
            compensation provided in subsections (a) and (b) of
            section 111 of the joint resolution of January 14, 1986
            (Public Law 99-239)) for adverse impacts, if any, on
            the finances and economies of such areas resulting from
            the effect of title IV of that joint resolution upon
            Title Two of the Compact. The joint resolution of
            January 14, 1986 (Public Law 99-239) further provided
            that at the end of the initial fifteen-year term of the
            Compact, should any portion of the total amount of
            funds authorized in section 111 of that resolution not
            have been appropriated, such amount not yet
            appropriated may be appropriated, without regard to
            divisions between amounts authorized in section 111 for
            the Federated States of Micronesia and for the Marshall
            Islands, based on either or both such government's
            showing of such adverse impact, if any, as provided in
            that subsection.
              (2) The governments of the Federated States of
            Micronesia and the Republic of the Marshall Islands may
            each submit no more than one report or request for
            further compensation under section 111 of the joint
            resolution of January 14, 1986 (Public Law 99-239) and
            any such report or request must be submitted by
            September 30, 2009. Only adverse economic effects
            occurring during the initial 15-year term of the
            Compact may be considered for compensation under
            section 111 of the joint resolution of January 14, 1986
            (Public Law 99-239).

    SEC. 109.\11\ AUTHORIZATION AND CONTINUING APPROPRIATION.

        (a) There are authorized and appropriated to the Department
    of the Interior, out of any funds in the Treasury not otherwise
    appropriated, to remain available until expended, such sums as
    are necessary to carry out the purposes of sections 105(f)(1)
    and 105(i) of this Act, sections 211, 212(b), 215, and 217 of
    the U.S.-FSM Compact, and sections 211, 212, 213(b), 216, and
    218 of the U.S.-RMI Compact, in this and subsequent years.
    ---------------------------------------------------------------------------
        \11\ 48 U.S.C. 1921h.
    ---------------------------------------------------------------------------
        (b) There are authorized to be appropriated to the
    Departments, agencies, and instrumentalities named in
    paragraphs (1) and (3) through (6) of section 221(a) of the
    U.S.-FSM Compact and paragraphs (1) and (3) through (5) of
    section 221(a) of the U.S.-RMI Compact, such sums as are
    necessary to carry out the purposes of sections 221(a) of the
    U.S.-FSM Compact and the U.S.-RMI Compact, to remain available
    until expended.

    SEC. 110.\12\ PAYMENT OF CITIZENS OF THE FEDERATED STATES OF
                        MICRONESIA, THE REPUBLIC OF THE MARSHALL ISLANDS,
                        AND THE REPUBLIC OF PALAU EMPLOYED BY THE
                        GOVERNMENT OF THE UNITED STATES IN THE CONTINENTAL
                        UNITED STATES.

        Section 605 of Public Law 107-67 (the Treasury and General
    Government Appropriations Act, 2002) is amended by striking
    ``or the Republic of the Philippines,'' in the last sentence
    and inserting the following: ``the Republic of the Philippines,
    the Federated States of Micronesia, the Republic of the
    Marshall Islands, or the Republic of Palau,''.
    ---------------------------------------------------------------------------
        \12\ 5 U.S.C. 3101 note.
    ---------------------------------------------------------------------------

      TITLE II--COMPACTS OF FREE ASSOCIATION WITH THE FEDERATED STATES OF
              MICRONESIA AND THE REPUBLIC OF THE MARSHALL ISLANDS

    SEC. 201.\13\ COMPACTS OF FREE ASSOCIATION, AS AMENDED BETWEEN THE
                        GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE
                        GOVERNMENT OF THE FEDERATED STATES OF MICRONESIA
                        AND BETWEEN THE GOVERNMENT OF THE UNITED STATES OF
                        AMERICA AND THE GOVERNMENT OF THE REPUBLIC OF THE
                        MARSHALL ISLANDS.

        (a) Compact of Free Association, as Amended, Between the
    Government of the United States of America and the Government
    of the Federated States of Micronesia.--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 is as follows:
    ---------------------------------------------------------------------------
        \13\ 48 U.S.C. 1921 note.
    ---------------------------------------------------------------------------

                                    PREAMBLE

     THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF
                       THE FEDERATED STATES OF MICRONESIA

        Affirming that their Governments and their relationship as
    Governments are founded upon respect for human rights and
    fundamental freedoms for all, and that the people of the
    Federated States of Micronesia have the right to enjoy self-
    government; and
        Affirming the common interests of the United States of
    America and the Federated States of Micronesia in creating and
    maintaining their close and mutually beneficial relationship
    through the free and voluntary association of their respective
    Governments; and
        Affirming the interest of the Government of the United
    States in promoting the economic advancement and budgetary
    self-reliance of the Federated States of Micronesia; and
        Recognizing that their relationship until the entry into
    force on November 3, 1986 of the Compact was based upon the
    International Trusteeship System of the United Nations Charter,
    and in particular Article 76 of the Charter; and that pursuant
    to Article 76 of the Charter, the people of the Federated
    States of Micronesia have progressively developed their
    institutions of self-government, and that in the exercise of
    their sovereign right to self-determination they, through their
    freely-expressed wishes, have adopted a Constitution
    appropriate to their particular circumstances; and
        Recognizing that the Compact reflected their common desire
    to terminate the Trusteeship and establish a government-to-
    government relationship which was in accordance with the new
    political status based on the freely expressed wishes of the
    people of the Federated States of Micronesia and appropriate to
    their particular circumstances; and
        Recognizing that the people of the Federated States of
    Micronesia have and retain their sovereignty and their
    sovereign right to self-determination and the inherent right to
    adopt and amend their own Constitution and form of government
    and that the approval of the entry of the Government of the
    Federated States of Micronesia into the Compact by the people
    of the Federated States of Micronesia constituted an exercise
    of their sovereign right to self-determination; and
        Recognizing the common desire of the people of the United
    States and the people of the Federated States of Micronesia to
    maintain their close government-to-government relationship, the
    United States and the Federated States of Micronesia:
        NOW, THEREFORE, MUTUALLY AGREE to continue and strengthen
    their relationship of free association by amending the Compact,
    which continues to provide a full measure of self-government
    for the people of the Federated States of Micronesia; and
        FURTHER AGREE that the relationship of free association
    derives from and is as set forth in this Compact, as amended,
    by the Governments of the United States and the Federated
    States of Micronesia; and that, during such relationship of
    free association, the respective rights and responsibilities of
    the Government of the United States and the Government of the
    Federated States of Micronesia in regard to this relationship
    of free association derive from and are as set forth in this
    Compact, as amended.

                                   TITLE ONE

                             GOVERNMENTAL RELATIONS

                                   Article I

                                Self-Government

    Section 111
        The people of the Federated States of Micronesia, acting
    through the Government established under their Constitution,
    are self-governing.

                                   Article II

                                Foreign Affairs

    Section 121
        (a) The Government of the Federated States of Micronesia
    has the capacity to conduct foreign affairs and shall do so in
    its own name and right, except as otherwise provided in this
    Compact, as amended.
        (b) The foreign affairs capacity of the Government of the
    Federated States of Micronesia includes:
              (1) the conduct of foreign affairs relating to law of
            the sea and marine resources matters, including the
            harvesting, conservation, exploration or exploitation
            of living and non-living resources from the sea, seabed
            or subsoil to the full extent recognized under
            international law;
              (2) the conduct of its commercial, diplomatic,
            consular, economic, trade, banking, postal, civil
            aviation, communications, and cultural relations,
            including negotiations for the receipt of developmental
            loans and grants and the conclusion of arrangements
            with other governments and international and
            intergovernmental organizations, including any matters
            specially benefiting its individual citizens.
        (c) The Government of the United States recognizes that the
    Government of the Federated States of Micronesia has the
    capacity to enter into, in its own name and right, treaties and
    other international agreements with governments and regional
    and international organizations.
        (d) In the conduct of its foreign affairs, the Government
    of the Federated States of Micronesia confirms that it shall
    act in accordance with principles of international law and
    shall settle its international disputes by peaceful means.
    Section 122
        The Government of the United States shall support
    applications by the Government of the Federated States of
    Micronesia for membership or other participation in regional or
    international organizations as may be mutually agreed.
    Section 123
        (a) In recognition of the authority and responsibility of
    the Government of the United States under Title Three, the
    Government of the Federated States of Micronesia shall consult,
    in the conduct of its foreign affairs, with the Government of
    the United States.
        (b) In recognition of the foreign affairs capacity of the
    Government of the Federated States of Micronesia, the
    Government of the United States, in the conduct of its foreign
    affairs, shall consult with the Government of the Federated
    States of Micronesia on matters that the Government of the
    United States regards as relating to or affecting the
    Government of the Federated States of Micronesia.
    Section 124
        The Government of the United States may assist or act on
    behalf of the Government of the Federated States of Micronesia
    in the area of foreign affairs as may be requested and mutually
    agreed from time to time. The Government of the United States
    shall not be responsible to third parties for the actions of
    the Government of the Federated States of Micronesia undertaken
    with the assistance or through the agency of the Government of
    the United States pursuant to this section unless expressly
    agreed.
    Section 125
        The Government of the United States shall not be
    responsible for nor obligated by any actions taken by the
    Government of the Federated States of Micronesia in the area of
    foreign affairs, except as may from time to time be expressly
    agreed.
    Section 126
        At the request of the Government of the Federated States of
    Micronesia and subject to the consent of the receiving state,
    the Government of the United States shall extend consular
    assistance on the same basis as for citizens of the United
    States to citizens of the Federated States of Micronesia for
    travel outside the Federated States of Micronesia, the United
    States and its territories and possessions.
    Section 127
        Except as otherwise provided in this Compact, as amended,
    or its related agreements, all obligations, responsibilities,
    rights and benefits of the Government of the United States as
    Administering Authority which resulted from the application
    pursuant to the Trusteeship Agreement of any treaty or other
    international agreement to the Trust Territory of the Pacific
    Islands on November 2, 1986, are, as of that date, no longer
    assumed and enjoyed by the Government of the United States.

                                  Article III

                                 Communications

    Section 131
        (a) The Government of the Federated States of Micronesia
    has full authority and responsibility to regulate its domestic
    and foreign communications, and the Government of the United
    States shall provide communications assistance as mutually
    agreed.
        (b) On May 24, 1993, the Government of the Federated States
    of Micronesia elected to undertake all functions previously
    performed by the Government of the United States with respect
    to domestic and foreign communications, except for those
    functions set forth in a separate agreement entered into
    pursuant to this section of the Compact, as amended.
    Section 132
        The Government of the Federated States of Micronesia shall
    permit the Government of the United States to operate
    telecommunications services in the Federated States of
    Micronesia to the extent necessary to fulfill the obligations
    of the Government of the United States under this Compact, as
    amended, in accordance with the terms of separate agreements
    entered into pursuant to this section of the Compact, as
    amended.

                                   Article IV

                                  Immigration

    Section 141
        (a) In furtherance of the special and unique relationship
    that exists between the United States and the Federated States
    of Micronesia, under the Compact, as amended, 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 (the ``United
    States'') without regard to paragraph (5) or (7)(B)(i)(II) of
    section 212(a) of the Immigration and Nationality Act, as
    amended, 8 U.S.C. 1182(a)(5) or (7)(B)(i)(II):
              (1) a person who, on November 2, 1986, 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 the Federated States of Micronesia;
              (2) a person who acquires the citizenship of the
            Federated States of Micronesia at birth, on or after
            the effective date of the Constitution of the Federated
            States of Micronesia;
              (3) an immediate relative of a person referred to in
            paragraphs (1) or (2) of this section, provided that
            such immediate relative is a naturalized citizen of the
            Federated States of Micronesia who has been an actual
            resident there for not less than five years after
            attaining such naturalization and who holds a
            certificate of actual residence, and further provided,
            that, in the case of a spouse, such spouse has been
            married to the person referred to in paragraph (1) or
            (2) of this section for at least five years, and
            further provided, that the Government of the United
            States is satisfied that such naturalized citizen meets
            the requirement of subsection (b) of section 104 of
            Public Law 99-239 as it was in effect on the day prior
            to the effective date of this Compact, as amended;
              (4) a naturalized citizen of the Federated States of
            Micronesia who was an actual resident there for not
            less than five years after attaining such
            naturalization and who satisfied these requirements as
            of April 30, 2003, who continues to be an actual
            resident and holds a certificate of actual residence,
            and whose name is included in a list furnished by the
            Government of the Federated States of Micronesia to the
            Government of the United States no later than the
            effective date of the Compact, as amended, in form and
            content acceptable to the Government of the United
            States, provided, that the Government of the United
            States is satisfied that such naturalized citizen meets
            the requirement of subsection (b) of section 104 of
            Public Law 99-239 as it was in effect on the day prior
            to the effective date of this Compact, as amended; or
              (5) an immediate relative of a citizen of the
            Federated States of Micronesia, regardless of the
            immediate relative's country of citizenship or period
            of residence in the Federated States of Micronesia, if
            the citizen of the Federated States of Micronesia is
            serving on active duty in any branch of the United
            States Armed Forces, or in the active reserves.
        (b) Notwithstanding subsection (a) of this section, a
    person who is coming to the United States pursuant to an
    adoption outside the United States, or for the purpose of
    adoption in the United States, is ineligible for admission
    under the Compact and the Compact, as amended. This subsection
    shall apply to any person who is or was an applicant for
    admission to the United States on or after March 1, 2003,
    including any applicant for admission in removal proceedings
    (including appellate proceedings) on or after March 1, 2003,
    regardless of the date such proceedings were commenced. This
    subsection shall have no effect on the ability of the
    Government of the United States or any United States State or
    local government to commence or otherwise take any action
    against any person or entity who has violated any law relating
    to the adoption of any person.
        (c) Notwithstanding subsection (a) of this section, no
    person who has been or is granted citizenship in the Federated
    States of Micronesia, or has been or is issued a Federated
    States of Micronesia passport pursuant to any investment,
    passport sale, or similar program has been or shall be eligible
    for admission to the United States under the Compact or the
    Compact, as amended.
        (d) A person admitted to the United States under the
    Compact, or the Compact, as amended, shall be considered to
    have the permission of the Government of the United States to
    accept employment in the United States. An unexpired Federated
    States of Micronesia passport with unexpired documentation
    issued by the Government of the United States evidencing
    admission under the Compact or the Compact, as amended, shall
    be considered to be documentation establishing identity and
    employment authorization under section 274A(b)(1)(B) of the
    Immigration and Nationality Act, as amended, 8 U.S.C.
    1324a(b)(1)(B). The Government of the United States will take
    reasonable and appropriate steps to implement and publicize
    this provision, and the Government of the Federated States of
    Micronesia will also take reasonable and appropriate steps to
    publicize this provision.
        (e) For purposes of the Compact and the Compact, as
    amended:
              (1) the term ``residence'' with respect to a person
            means the person's principal, actual dwelling place in
            fact, without regard to intent, as provided in section
            101(a)(33) of the Immigration and Nationality Act, as
            amended, 8 U.S.C. 1101(a)(33), and variations of the
            term ``residence,'' including ``resident'' and
            ``reside,'' shall be similarly construed;
              (2) the term ``actual residence'' means physical
            presence in the Federated States of Micronesia during
            eighty-five percent of the five-year period of
            residency required by section 141(a)(3) and (4);
              (3) the term ``certificate of actual residence''
            means a certificate issued to a naturalized citizen by
            the Government of the Federated States of Micronesia
            stating that the citizen has complied with the actual
            residence requirement of section 141(a)(3) or (4);
              (4) the term ``nonimmigrant'' means an alien who is
            not an ``immigrant'' as defined in section 101(a)(15)
            of such Act, 8 U.S.C. 1101(a)(15); and
              (5) the term ``immediate relative'' means a spouse,
            or unmarried son or unmarried daughter less than 21
            years of age.
        (f) The Immigration and Nationality Act, as amended, shall
    apply to any person admitted or seeking admission to the United
    States (other than a United States possession or territory
    where such Act does not apply) under the Compact or the
    Compact, as amended, and nothing in the Compact or the Compact,
    as amended, shall be construed to limit, preclude, or modify
    the applicability of, with respect to such person:
              (1) any ground of inadmissibility or deportability
            under such Act (except sections 212(a)(5) and
            212(a)(7)(B)(i)(II) of such Act, as provided in
            subsection (a) of this section), and any defense
            thereto, provided that, section 237(a)(5) of such Act
            shall be construed and applied as if it reads as
            follows: ``any alien who has been admitted under the
            Compact, or the Compact, as amended, who cannot show
            that he or she has sufficient means of support in the
            United States, is deportable'';
              (2) the authority of the Government of the United
            States under section 214(a)(1) of such Act to provide
            that admission as a nonimmigrant shall be for such time
            and under such conditions as the Government of the
            United States may by regulations prescribe;
              (3) except for the treatment of certain documentation
            for purposes of section 274A(b)(1)(B) of such Act as
            provided by subsection (d) of this section of the
            Compact, as amended, any requirement under section
            274A, including but not limited to section
            274A(b)(1)(E);
              (4) section 643 of the Illegal Immigration Reform and
            Immigrant Responsibility Act of 1996, Public Law 104-
            208, and actions taken pursuant to section 643; and
              (5) the authority of the Government of the United
            States otherwise to administer and enforce the
            Immigration and Nationality Act, as amended, or other
            United States law.
        (g) Any authority possessed by the Government of the United
    States under this section of the Compact or the Compact, as
    amended, may also be exercised by the Government of a territory
    or possession of the United States where the Immigration and
    Nationality Act, as amended, does not apply, to the extent such
    exercise of authority is lawful under a statute or regulation
    of such territory or possession that is authorized by the laws
    of the United States.
        (h) Subsection (a) of this section does not confer on a
    citizen of the Federated States of Micronesia the right to
    establish the residence necessary for naturalization under the
    Immigration and Nationality Act, as amended, or to petition for
    benefits for alien relatives under that Act. Subsection (a) of
    this section, however, shall not prevent a citizen of the
    Federated States of Micronesia from otherwise acquiring such
    rights or lawful permanent resident alien status in the United
    States.
    Section 142
        (a) Any citizen or national of the United States may be
    admitted, to lawfully engage in occupations, and reside in the
    Federated States of Micronesia, subject to the rights of the
    Government of the Federated States of Micronesia to deny entry
    to or deport any such citizen or national as an undesirable
    alien. Any determination of inadmissibility or deportability
    shall be based on reasonable statutory grounds and shall be
    subject to appropriate administrative and judicial review
    within the Federated States of Micronesia. If a citizen or
    national of the United States is a spouse of a citizen of the
    Federated States of Micronesia, the Government of the Federated
    States of Micronesia shall allow the United States citizen
    spouse to establish residence. Should the Federated States of
    Micronesia citizen spouse predecease the United States citizen
    spouse during the marriage, the Government of the Federated
    States of Micronesia shall allow the United States citizen
    spouse to continue to reside in the Federated States of
    Micronesia.
        (b) In enacting any laws or imposing any requirements with
    respect to citizens and nationals of the United States entering
    the Federated States of Micronesia under subsection (a) of this
    section, including any grounds of inadmissibility or
    deportability, the Government of the Federated States of
    Micronesia shall accord to such citizens and nationals of the
    United States treatment no less favorable than that accorded to
    citizens of other countries.
        (c) Consistent with subsection (a) of this section, with
    respect to citizens and nationals of the United States seeking
    to engage in employment or invest in the Federated States of
    Micronesia, the Government of the Federated States of
    Micronesia shall adopt immigration-related procedures no less
    favorable than those adopted by the Government of the United
    States with respect to citizens of the Federated States of
    Micronesia seeking employment in the United States.
    Section 143
        Any person who relinquishes, or otherwise loses, his United
    States nationality or citizenship, or his Federated States of
    Micronesia citizenship, shall be ineligible to receive the
    privileges set forth in sections 141 and 142. Any such person
    may apply for admission to the United States or the Federated
    States of Micronesia, as the case may be, in accordance with
    any other applicable laws of the United States or the Federated
    States of Micronesia relating to immigration of aliens from
    other countries. The laws of the Federated States of Micronesia
    or the United States, as the case may be, shall dictate the
    terms and conditions of any such person's stay.

                                   Article V

                                 Representation

    Section 151
        Relations between the Government of the United States and
    the Government of the Federated States of Micronesia shall be
    conducted in accordance with the Vienna Convention on
    Diplomatic Relations. In addition to diplomatic missions and
    representation, the Governments may establish and maintain
    other offices and designate other representatives on terms and
    in locations as may be mutually agreed.
    Section 152
        (a) Any citizen or national of the United States who,
    without authority of the United States, acts as the agent of
    the Government of the Federated States of Micronesia with
    regard to matters specified in the provisions of the Foreign
    Agents Registration Act of 1938, as amended (22 U.S.C. 611 et
    seq.), that apply with respect to an agent of a foreign
    principal shall be subject to the requirements of such Act.
    Failure to comply with such requirements shall subject such
    citizen or national to the same penalties and provisions of law
    as apply in the case of the failure of such an agent of a
    foreign principal to comply with such requirements. For
    purposes of the Foreign Agents Registration Act of 1938, the
    Federated States of Micronesia shall be considered to be a
    foreign country.
        (b) Subsection (a) of this section shall not apply to a
    citizen or national of the United States employed by the
    Government of the Federated States of Micronesia with respect
    to whom the Government of the Federated States of Micronesia
    from time to time certifies to the Government of the United
    States that such citizen or national is an employee of the
    Federated States of Micronesia whose principal duties are other
    than those matters specified in the Foreign Agents Registration
    Act of 1938, as amended, that apply with respect to an agent of
    a foreign principal. The agency or officer of the United States
    receiving such certifications shall cause them to be filed with
    the Attorney General, who shall maintain a publicly available
    list of the persons so certified.

                                   Article VI

                            Environmental Protection

    Section 161
        The Governments of the United States and the Federated
    States of Micronesia declare that it is their policy to promote
    efforts to prevent or eliminate damage to the environment and
    biosphere and to enrich understanding of the natural resources
    of the Federated States of Micronesia. In order to carry out
    this policy, the Government of the United States and the
    Government of the Federated States of Micronesia agree to the
    following mutual and reciprocal undertakings.
        (a) The Government of the United States:
              (1) shall continue to apply the environmental
            controls in effect on November 2, 1986 to those of its
            continuing activities subject to section 161(a)(2),
            unless and until those controls are modified under
            sections 161(a)(3) and 161(a)(4);
              (2) shall apply the National Environmental Policy Act
            of 1969, 83 Stat. 852, 42 U.S.C. 4321 et seq., to its
            activities under the Compact, as amended, and its
            related agreements as if the Federated States of
            Micronesia were the United States;
              (3) shall comply also, in the conduct of any activity
            requiring the preparation of an Environmental Impact
            Statement under section 161(a)(2), with standards
            substantively similar to those required by the
            following laws of the United States, taking into
            account the particular environment of the Federated
            States of Micronesia: the Endangered Species Act of
            1973, as amended, 87 Stat. 884, 16 U.S.C. 1531 et seq.;
            the Clean Air Act, as amended, 77 Stat. 392, 42 U.S.C.
            Supp. 7401 et seq.; the Clean Water Act (Federal Water
            Pollution Control Act), as amended, 86 Stat. 896, 33
            U.S.C. 1251 et seq.; Title I of the Marine Protection,
            Research and Sanctuaries Act of 1972 (the Ocean Dumping
            Act), 33 U.S.C. 1411 et seq.; the Toxic Substances
            Control Act, as amended, 15 U.S.C. 2601 et seq.; the
            Solid Waste Disposal Act, as amended, 42 U.S.C. 6901 et
            seq.; and such other environmental protection laws of
            the United States and of the Federated States of
            Micronesia, as may be mutually agreed from time to time
            with the Government of the Federated States of
            Micronesia; and
              (4) shall develop, prior to conducting any activity
            requiring the preparation of an Environmental Impact
            Statement under section 161(a)(2), written standards
            and procedures, as agreed with the Government of the
            Federated States of Micronesia, to implement the
            substantive provisions of the laws made applicable to
            U.S. Government activities in the Federated States of
            Micronesia, pursuant to section 161(a)(3).
        (b) The Government of the Federated States of Micronesia
    shall continue to develop and implement standards and
    procedures to protect its environment. As a reciprocal
    obligation to the undertakings of the Government of the United
    States under this Article, the Federated States of Micronesia,
    taking into account its particular environment, shall continue
    to develop and implement standards for environmental protection
    substantively similar to those required of the Government of
    the United States by section 161(a)(3) prior to its conducting
    activities in the Federated States of Micronesia, substantively
    equivalent to activities conducted there by the Government of
    the United States and, as a further reciprocal obligation,
    shall enforce those standards.
        (c) Section 161(a), including any standard or procedure
    applicable thereunder, and section 161(b) may be modified or
    superseded in whole or in part by agreement of the Government
    of the United States and the Government of the Federated States
    of Micronesia.
        (d) In the event that an Environmental Impact Statement is
    no longer required under the laws of the United States for
    major Federal actions significantly affecting the quality of
    the human environment, the regulatory regime established under
    sections 161(a)(3) and 161(a)(4) shall continue to apply to
    such activities of the Government of the United States until
    amended by mutual agreement.
        (e) The President of the United States may exempt any of
    the activities of the Government of the United States under
    this Compact, as amended, and its related agreements from any
    environmental standard or procedure which may be applicable
    under sections 161(a)(3) and 161(a)(4) if the President
    determines it to be in the paramount interest of the Government
    of the United States to do so, consistent with Title Three of
    this Compact, as amended, and the obligations of the Government
    of the United States under international law. Prior to any
    decision pursuant to this subsection, the views of the
    Government of the Federated States of Micronesia shall be
    sought and considered to the extent practicable. If the
    President grants such an exemption, to the extent practicable,
    a report with his reasons for granting such exemption shall be
    given promptly to the Government of the Federated States of
    Micronesia.
        (f) The laws of the United States referred to in section
    161(a)(3) shall apply to the activities of the Government of
    the United States under this Compact, as amended, and its
    related agreements only to the extent provided for in this
    section.
    Section 162
        The Government of the Federated States of Micronesia may
    bring an action for judicial review of any administrative
    agency action or any activity of the Government of the United
    States pursuant to section 161(a) for enforcement of the
    obligations of the Government of the United States arising
    thereunder. The United States District Court for the District
    of Hawaii and the United States District Court for the District
    of Columbia shall have jurisdiction over such action or
    activity, and over actions brought under section 172(b) which
    relate to the activities of the Government of the United States
    and its officers and employees, governed by section 161,
    provided that:
              (a) Such actions may only be civil actions for any
            appropriate civil relief other than punitive damages
            against the Government of the United States or, where
            required by law, its officers in their official
            capacity; no criminal actions may arise under this
            section.
              (b) Actions brought pursuant to this section may be
            initiated only by the Government of the Federated
            States of Micronesia.
              (c) Administrative agency actions arising under
            section 161 shall be reviewed pursuant to the standard
            of judicial review set forth in 5 U.S.C. 706.
              (d) The United States District Court for the District
            of Hawaii and the United States District Court for the
            District of Columbia shall have jurisdiction to issue
            all necessary processes, and the Government of the
            United States agrees to submit itself to the
            jurisdiction of the court; decisions of the United
            States District Court shall be reviewable in the United
            States Court of Appeals for the Ninth Circuit or the
            United States Court of Appeals for the District of
            Columbia, respectively, or in the United States Supreme
            Court as provided by the laws of the United States.
              (e) The judicial remedy provided for in this section
            shall be the exclusive remedy for the judicial review
            or enforcement of the obligations of the Government of
            the United States under this Article and actions
            brought under section 172(b) which relate to the
            activities of the Government of the United States and
            its officers and employees governed by section 161.
              (f) In actions pursuant to this section, the
            Government of the Federated States of Micronesia shall
            be treated as if it were a United States citizen.
    Section 163
        (a) For the purpose of gathering data necessary to study
    the environmental effects of activities of the Government of
    the United States subject to the requirements of this Article,
    the Government of the Federated States of Micronesia shall be
    granted access to facilities operated by the Government of the
    United States in the Federated States of Micronesia, to the
    extent necessary for this purpose, except to the extent such
    access would unreasonably interfere with the exercise of the
    authority and responsibility of the Government of the United
    States under Title Three.
        (b) The Government of the United States, in turn, shall be
    granted access to the Federated States of Micronesia for the
    purpose of gathering data necessary to discharge its
    obligations under this Article, except to the extent such
    access would unreasonably interfere with the exercise of the
    authority and responsibility of the Government of the Federated
    States of Micronesia under Title One, and to the extent
    necessary for this purpose shall be granted access to documents
    and other information to the same extent similar access is
    provided the Government of the Federated States of Micronesia
    under the Freedom of Information Act, 5 U.S.C. 552.
        (c) The Government of the Federated States of Micronesia
    shall not impede efforts by the Government of the United States
    to comply with applicable standards and procedures.

                                  Article VII

                            General Legal Provisions

    Section 171
        Except as provided in this Compact, as amended, or its
    related agreements, the application of the laws of the United
    States to the Trust Territory of the Pacific Islands by virtue
    of the Trusteeship Agreement ceased with respect to the
    Federated States of Micronesia on November 3, 1986, the date
    the Compact went into effect.
    Section 172
        (a) Every citizen of the Federated States of Micronesia who
    is not a resident of the United States shall enjoy the rights
    and remedies under the laws of the United States enjoyed by any
    non-resident alien.
        (b) The Government of the Federated States of Micronesia
    and every citizen of the Federated States of Micronesia shall
    be considered to be a ``person'' within the meaning of the
    Freedom of Information Act, 5 U.S.C. 552, and of the judicial
    review provisions of the Administrative Procedure Act, 5 U.S.C.
    701-706, except that only the Government of the Federated
    States of Micronesia may seek judicial review under the
    Administrative Procedure Act or judicial enforcement under the
    Freedom of Information Act when such judicial review or
    enforcement relates to the activities of the Government of the
    United States governed by sections 161 and 162.
    Section 173
        The Governments of the United States and the Federated
    States of Micronesia agree to adopt and enforce such measures,
    consistent with this Compact, as amended, and its related
    agreements, as may be necessary to protect the personnel,
    property, installations, services, programs and official
    archives and documents maintained by the Government of the
    United States in the Federated States of Micronesia pursuant to
    this Compact, as amended, and its related agreements and by the
    Government of the Federated States of Micronesia in the United
    States pursuant to this Compact, as amended, and its related
    agreements.
    Section 174
        Except as otherwise provided in this Compact, as amended,
    and its related agreements:
              (a) The Government of the Federated States of
            Micronesia, and its agencies and officials, shall be
            immune from the jurisdiction of the court of the United
            States, and the Government of the United States, and
            its agencies and officials, shall be immune from the
            jurisdiction of the courts of the Federated States of
            Micronesia.
              (b) The Government of the United States accepts
            responsibility for and shall pay:
                      (1) any unpaid money judgment rendered by the
                    High Court of the Trust Territory of the
                    Pacific Islands against the Government of the
                    United States with regard to any cause of
                    action arising as a result of acts or omissions
                    of the Government of the Trust Territory of the
                    Pacific Islands or the Government of the United
                    States prior to November 3, 1986;
                      (2) any claim settled by the claimant and the
                    Government of the Trust Territory of the
                    Pacific Islands but not paid as of the November
                    3, 1986; and
                      (3) settlement of any administrative claim or
                    of any action before a court of the Trust
                    Territory of the Pacific Islands or the
                    Government of the United States, arising as a
                    result of acts or omissions of the Government
                    of the Trust Territory of the Pacific Islands
                    or the Government of the United States.
              (c) Any claim not referred to in section 174(b) and
            arising from an act or omission of the Government of
            the Trust Territory of the Pacific Islands or the
            Government of the United States prior to the effective
            date of the Compact shall be adjudicated in the same
            manner as a claim adjudicated according to section
            174(d). In any claim against the Government of the
            Trust Territory of the Pacific Islands, the Government
            of the United States shall stand in the place of the
            Government of the Trust Territory of the Pacific
            Islands. A judgment on any claim referred to in section
            174(b) or this subsection, not otherwise satisfied by
            the Government of the United States, may be presented
            for certification to the United States Court of Appeals
            for the Federal Circuit, or its successor courts, which
            shall have jurisdiction therefore, notwithstanding the
            provisions of 28 U.S.C. 1502, and which court's
            decisions shall be reviewable as provided by the laws
            of the United States. The United States Court of
            Appeals for the Federal Circuit shall certify such
            judgment, and order payment thereof, unless it finds,
            after a hearing, that such judgment is manifestly
            erroneous as to law or fact, or manifestly excessive.
            In either of such cases the United States Court of
            Appeals for the Federal Circuit shall have jurisdiction
            to modify such judgment.
              (d) The Government of the Federated States of
            Micronesia shall not be immune from the jurisdiction of
            the courts of the United States, and the Government of
            the United States shall not be immune from the
            jurisdiction of the courts of the Federated States of
            Micronesia in any civil case in which an exception to
            foreign state immunity is set forth in the Foreign
            Sovereign Immunities Act (28 U.S.C. 1602 et seq.) or
            its successor statutes.
    Section 175
        (a) A separate agreement, which shall come into effect
    simultaneously with this Compact, as amended, and shall have
    the force of law, shall govern mutual assistance and
    cooperation in law enforcement matters, including the pursuit,
    capture, imprisonment and extradition of fugitives from justice
    and the transfer of prisoners, as well as other law enforcement
    matters. In the United States, the laws of the United States
    governing international extradition, including 18 U.S.C. 3184,
    3186 and 3188-95, shall be applicable to the extradition of
    fugitives under the separate agreement, and the laws of the
    United States governing the transfer of prisoners, including 18
    U.S.C. 4100-15, shall be applicable to the transfer of
    prisoners under the separate agreement; and
        (b) A separate agreement, which shall come into effect
    simultaneously with this Compact, as amended, and shall have
    the force of law, shall govern requirements relating to labor
    recruitment practices, including registration, reporting,
    suspension or revocation of authorization to recruit persons
    for employment in the United States, and enforcement for
    violations of such requirements.
    Section 176
        The Government of the Federated States of Micronesia
    confirms that final judgments in civil cases rendered by any
    court of the Trust Territory of the Pacific Islands shall
    continue in full force and effect, subject to the
    constitutional power of the courts of the Federated States of
    Micronesia to grant relief from judgments in appropriate cases.
    Section 177
        Section 177 of the Compact entered into force with respect
    to the Federated States of Micronesia on November 3, 1986 as
    follows:
              ``(a) The Government of the United States accepts the
            responsibility for compensation owing to citizens of
            the Marshall Islands, or the Federated States of
            Micronesia, or Palau for loss or damage to property and
            person of the citizens of the Marshall Islands, or the
            Federated States of Micronesia, resulting from the
            nuclear testing program which the Government of the
            United States conducted in the Northern Marshall
            Islands between June 30, 1946, and August 18, 1958.
              ``(b) The Government of the United States and the
            Government of the Marshall Islands shall set forth in a
            separate agreement provisions for the just and adequate
            settlement of all such claims which have arisen in
            regard to the Marshall Islands and its citizens and
            which have not as yet been compensated or which in the
            future may arise, for the continued administration by
            the Government of the United States of direct radiation
            related medical surveillance and treatment programs and
            radiological monitoring activities and for such
            additional programs and activities as may be mutually
            agreed, and for the assumption by the Government of the
            Marshall Islands of responsibility for enforcement of
            limitations on the utilization of affected areas
            developed in cooperation with the Government of the
            United States and for the assistance by the Government
            of the United States in the exercise of such
            responsibility as may be mutually agreed. This separate
            agreement shall come into effect simultaneously with
            this Compact and shall remain in effect in accordance
            with its own terms.
              ``(c) The Government of the United States shall
            provide to the Government of the Marshall Islands, on a
            grant basis, the amount of $150 million to be paid and
            distributed in accordance with the separate agreement
            referred to in this Section, and shall provide the
            services and programs set forth in this separate
            agreement, the language of which is incorporated into
            this Compact.''.
        The Compact, as amended, makes no changes to, and has no
    effect upon, Section 177 of the Compact, nor does the Compact,
    as amended, change or affect the separate agreement referred to
    in Section 177 of the Compact including Articles IX and X of
    that separate agreement, and measures taken by the parties
    thereunder.
    Section 178
        (a) The Federal agencies of the Government of the United
    States that provide the services and related programs in the
    Federated States of Micronesia pursuant to Title Two are
    authorized to settle and pay tort claims arising in the
    Federated States of Micronesia from the activities of such
    agencies or from the acts or omissions of the employees of such
    agencies. Except as provided in section 178(b), the provisions
    of 28 U.S.C. 2672 and 31 U.S.C. 1304 shall apply exclusively to
    such administrative settlements and payments.
        (b) Claims under section 178(a) that cannot be settled
    under section 178(a) shall be disposed of exclusively in
    accordance with Article II of Title Four. Arbitration awards
    rendered pursuant to this subsection shall be paid out of funds
    under 31 U.S.C. 1304.
        (c) The Government of the United States and the Government
    of the Federated States of Micronesia shall, in the separate
    agreement referred to in section 231, provide for:
              (1) the administrative settlement of claims referred
            to in section 178(a), including designation of local
            agents in each State of the Federated States of
            Micronesia; such agents to be empowered to accept,
            investigate and settle such claims, in a timely manner,
            as provided in such separate agreements; and
              (2) arbitration, referred to in section 178(b), in a
            timely manner, at a site convenient to the claimant, in
            the event a claim is not otherwise settled pursuant to
            section 178(a).
        (d) The provisions of section 174(d) shall not apply to
    claims covered by this section.
        (e) Except as otherwise explicitly provided by law of the
    United States, neither the Government of the United States, its
    instrumentalities, nor any person acting on behalf of the
    Government of the United States, shall be named a party in any
    action based on, or arising out of, the activity or activities
    of a recipient of any grant or other assistance provided by the
    Government of the United States (or the activity or activities
    of the recipient's agency or any other person or entity acting
    on behalf of the recipient).
    Section 179
        (a) The courts of the Federated States of Micronesia shall
    not exercise criminal jurisdiction over the Government of the
    United States, or its instrumentalities.
        (b) The courts of the Federated States of Micronesia shall
    not exercise criminal jurisdiction over any person if the
    Government of the United States provides notification to the
    Government of the Federated States of Micronesia that such
    person was acting on behalf of the Government of the United
    States, for actions taken in furtherance of section 221 or 224
    of this amended Compact, or any other provision of law
    authorizing financial, program, or service assistance to the
    Federated States of Micronesia.

                                   TITLE TWO

                               ECONOMIC RELATIONS

                                   Article I

                                Grant Assistance

    Section 211 - Sector Grants
        (a) In order to assist the Government of the Federated
    States of Micronesia in its efforts to promote the economic
    advancement, budgetary self-reliance, and economic self-
    sufficiency of its people, and in recognition of the special
    relationship that exists between the Federated States of
    Micronesia and the United States, the Government of the United
    States shall provide assistance on a sector grant basis for a
    period of twenty years in the amounts set forth in section 216,
    commencing on the effective date of this Compact, as amended.
    Such grants shall be used for assistance in the sectors of
    education, health care, private sector development, the
    environment, public sector capacity building, and public
    infrastructure, or for other sectors as mutually agreed, with
    priorities in the education and health care sectors. For each
    year such sector grant assistance is made available, the
    proposed division of this amount among these sectors shall be
    certified to the Government of the United States by the
    Government of the Federated States of Micronesia and shall be
    subject to the concurrence of the Government of the United
    States. In such case, the Government of the United States shall
    disburse the agreed upon amounts and monitor the use of such
    sector grants in accordance with the provisions of this Article
    and the Agreement Concerning Procedures for the Implementation
    of United States Economic Assistance Provided in the Compact,
    as Amended, of Free Association Between the Government of the
    United States of America and the Government of the Federated
    States of Micronesia (``Fiscal Procedures Agreement'') which
    shall come into effect simultaneously with this Compact, as
    amended. The provision of any United States assistance under
    the Compact, as amended, the Fiscal Procedures Agreement, the
    Trust Fund Agreement, or any other subsidiary agreement to the
    Compact, as amended, shall constitute ``a particular
    distribution . . . required by the terms or special nature of
    the assistance'' for purposes of Article XII, section 1(b) of
    the Constitution of the Federated States of Micronesia.
              (1) Education.--United States grant assistance shall
            be made available in accordance with the plan described
            in subsection (c) of this section to support and
            improve the educational system of the Federated States
            of Micronesia and develop the human, financial, and
            material resources necessary for the Government of the
            Federated States of Micronesia to perform these
            services. Emphasis should be placed on advancing a
            quality basic education system.
              (2) Health.--United States grant assistance shall be
            made available in accordance with the plan described in
            subsection (c) of this section to support and improve
            the delivery of preventive, curative and environmental
            care and develop the human, financial, and material
            resources necessary for the Government of the Federated
            States of Micronesia to perform these services.
              (3) Private sector development.--United States grant
            assistance shall be made available in accordance with
            the plan described in subsection (c) of this section to
            support the efforts of the Government of the Federated
            States of Micronesia to attract foreign investment and
            increase indigenous business activity by vitalizing the
            commercial environment, ensuring fair and equitable
            application of the law, promoting adherence to core
            labor standards, and maintaining progress toward
            privatization of state-owned and partially state-owned
            enterprises, and engaging in other reforms.
              (4) Capacity building in the public sector.--United
            States grant assistance shall be made available in
            accordance with the plan described in subsection (c) of
            this section to support the efforts of the Government
            of the Federated States of Micronesia to build
            effective, accountable and transparent national, state,
            and local government and other public sector
            institutions and systems.
              (5) Environment.--United States grant assistance
            shall be made available in accordance with the plan
            described in subsection (c) of this section to increase
            environmental protection; conserve and achieve
            sustainable use of natural resources; and engage in
            environmental infrastructure planning, design
            construction and operation.
              (6) Public infrastructure.--
                      (i) U.S. annual grant assistance shall be
                    made available in accordance with a list of
                    specific projects included in the plan
                    described in subsection (c) of this section to
                    assist the Government of the Federated States
                    of Micronesia in its efforts to provide
                    adequate public infrastructure.
                      (ii) Infrastructure and maintenance Fund.--
                    Five percent of the annual public
                    infrastructure grant made available under
                    paragraph (i) of this subsection shall be set
                    aside, with an equal contribution from the
                    Government of the Federated States of
                    Micronesia, as a contribution to an
                    Infrastructure Maintenance Fund (IMF).
                    Administration of the Infrastructure
                    Maintenance Fund shall be governed by the
                    Fiscal Procedures Agreement.
        (b) Humanitarian Assistance.--Federated States of
    Micronesia Program. In recognition of the special development
    needs of the Federated States of Micronesia, the Government of
    the United States shall make available to the Government of the
    Federated States of Micronesia, on its request and to be
    deducted from the grant amount made available under subsection
    (a) of this section, a Humanitarian Assistance - Federated
    States of Micronesia (``HAFSM'') Program with emphasis on
    health, education, and infrastructure (including
    transportation), projects. The terms and conditions of the
    HAFSM shall be set forth in the Agreement Regarding the
    Military Use and Operating Rights of the Government of the
    United States in the Government of the Federated States of
    Micronesia Concluded Pursuant to Sections 321 and 323 of the
    Compact of Free Association, as Amended which shall come into
    effect simultaneously with the amendments to this Compact.
        (c) Development Plan.--The Government of the Federated
    States of Micronesia shall prepare and maintain an official
    overall development plan. The plan shall be strategic in
    nature, shall be continuously reviewed and updated through the
    annual budget process, and shall make projections on a multi-
    year rolling basis. Each of the sectors named in subsection (a)
    of this section, or other sectors as mutually agreed, shall be
    accorded specific treatment in the plan. Insofar as grants
    funds are involved, the plan shall be subject to the
    concurrence of the Government of the United States.
        (d) Disaster Assistance Emergency Fund.--An amount of two
    hundred thousand dollars ($200,000) shall be provided annually,
    with an equal contribution from the Government of the Federated
    States of Micronesia, as a contribution to a ``Disaster
    Assistance Emergency Fund (DAEF).'' Any funds from the DAEF may
    be used only for assistance and rehabilitation resulting from
    disasters and emergencies. The funds will be accessed upon
    declaration by the Government of the Federated States of
    Micronesia, with the concurrence of the United States Chief of
    Mission to the Federated States of Micronesia. The
    Administration of the DAEF shall be governed by the Fiscal
    Procedures Agreement.
    Section 212 - Accountability
        (a) Regulations and policies normally applicable to United
    States financial assistance to its state and local governments,
    as reflected in the Fiscal Procedures Agreement, shall apply to
    each sector grant described in section 211, and to grants
    administered under section 221 below, except as modified in the
    separate agreements referred to in section 231 of this Compact,
    as amended, or by United States law. The Government of the
    United States, after annual consultations with the Federated
    States of Micronesia, may attach reasonable terms and
    conditions, including annual performance indicators that are
    necessary to ensure effective use of United States assistance
    and reasonable progress toward achieving program objectives.
    The Government of the United States may seek appropriate
    remedies for noncompliance with the terms and conditions
    attached to the assistance, or for failure to comply with
    section 234, including withholding assistance.
        (b) The Government of the United States shall, for each
    fiscal year of the twenty years during which assistance is to
    be provided on a sector grant basis under section 211, grant
    the Government of the Federated States of Micronesia an amount
    equal to the lesser of (i) one half of the reasonable, properly
    documented cost incurred during each fiscal year to conduct the
    annual audit required under Article VIII (2) of the Fiscal
    Procedures Agreement or (ii) $500,000. Such amount will not be
    adjusted for inflation under section 217 or otherwise.
    Section 213 - Joint Economic Management Committee
        The Governments of the United States and the Federated
    States of Micronesia shall establish a Joint Economic
    Management Committee, composed of a U.S. chair, two other
    members from the Government of the United States and two
    members from the Government of the Federated States of
    Micronesia. The Joint Economic Management Committee shall meet
    at least once each year to review the audits and reports
    required under this Title, evaluate the progress made by the
    Federated States of Micronesia in meeting the objectives
    identified in its plan described in subsection (c) of section
    211, with particular focus on those parts of the plan dealing
    with the sectors identified in subsection (a) of section 211,
    identify problems encountered, and recommend ways to increase
    the effectiveness of U.S. assistance made available under this
    Title. The establishment and operations of the Joint Economic
    Management Committee shall be governed by the Fiscal Procedures
    Agreement.
    Section 214 - Annual Report
        The Government of the Federated States of Micronesia shall
    report annually to the President of the United States on the
    use of United States sector grant assistance and other
    assistance and progress in meeting mutually agreed program and
    economic goals. The Joint Economic Management Committee shall
    review and comment on the report and make appropriate
    recommendations based thereon.
    Section 215 - Trust Fund
        (a) The United States shall contribute annually for twenty
    years from the effective date of this Compact, as amended, in
    the amounts set forth in section 216 into a Trust Fund
    established in accordance with the 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''). Upon termination of the annual
    financial assistance under section 211, the proceeds of the
    fund shall thereafter be used for the purposes described in
    section 211 or as otherwise mutually agreed.
        (b) The United States contribution into the Trust Fund
    described in subsection (a) of this section is conditioned on
    the Government of the Federated States of Micronesia
    contributing to the Trust Fund at least $30 million, prior to
    September 30, 2004. Any funds received by the Federated States
    of Micronesia under section 111 (d) of Public Law 99-239
    (January 14, 1986), or successor provisions, would be
    contributed to the Trust Fund as a Federated States of
    Micronesia contribution.
        (c) The terms regarding the investment and management of
    funds and use of the income of the Trust Fund shall be set
    forth in the separate Trust Fund Agreement described in
    subsection (a) of this section. Funds derived from United
    States investment shall not be subject to Federal or state
    taxes in the United States or the Federated States of
    Micronesia. The Trust Fund Agreement shall also provide for
    annual reports to the Government of the United States and to
    the Government of the Federated States of Micronesia. The Trust
    Fund Agreement shall provide for appropriate distributions of
    trust fund proceeds to the Federated States of Micronesia and
    for appropriate remedies for the failure of the Federated
    States of Micronesia to use income of the Trust Fund for the
    annual grant purposes set forth in section 211. These remedies
    may include the return to the United States of the present
    market value of its contributions to the Trust Fund and the
    present market value of any undistributed income on the
    contributions of the United States. If this Compact, as
    amended, is terminated, the provisions of sections 451 through
    453 of this Compact, as amended, shall govern treatment of any
    U.S. contributions to the Trust Fund or accrued interest
    thereon.
    Section 216 - Sector Grant Funding and Trust Fund Contributions
        The funds described in sections 211, 212(b) and 215 shall
    be made available as follows:

                                                [In millions of dollars]
    ----------------------------------------------------------------------------------------------------------------
                                                                             Audit Grant
                         Fiscal year                       Annual Grants   Section 212(b)     Trust Fund      Total
                                                            Section 211    (amount up to)    Section 215
    ----------------------------------------------------------------------------------------------------------------
    2004................................................       76.2              .5               16          92.7
    2005................................................       76.2              .5               16          92.7
    2006................................................       76.2              .5               16          92.7
    2007................................................       75.4              .5              16.8         92.7
    2008................................................       74.6              .5              17.6         92.7
    2009................................................       73.8              .5              18.4         92.7
    2010................................................        73               .5              19.2         92.7
    2011................................................       72.2              .5               20          92.7
    2012................................................       71.4              .5              20.8         92.7
    2013................................................       70.6              .5              21.6         92.7
    2014................................................       69.8              .5              22.4         92.7
    2015................................................        69               .5              23.2         92.7
    2016................................................       68.2              .5               24          92.7
    2017................................................       67.4              .5              24.8         92.7
    2018................................................       66.6              .5              25.6         92.7
    2019................................................       65.8              .5              26.4         92.7
    2020................................................        65               .5              27.2         92.7
    2021................................................       64.2              .5               28          92.7
    2022................................................       63.4              .5              28.8         92.7
    2023................................................       62.6              .5              29.6         92.7
    ----------------------------------------------------------------------------------------------------------------

    Section 217 - Inflation Adjustment
        Except for the amounts provided for audits under section
    212(b), the amounts stated in this Title shall be adjusted for
    each United States Fiscal Year by the percent that equals two-
    thirds of the percent change in the United States Gross
    Domestic Product Implicit Price Deflator, or 5 percent,
    whichever is less in any one year, using the beginning of
    Fiscal Year 2004 as a base.
    Section 218 - Carry-Over of Unused Funds
        If in any year the funds made available by the Government
    of the United States for that year pursuant to this Article are
    not completely obligated by the Government of the Federated
    States of Micronesia, the unobligated balances shall remain
    available in addition to the funds to be provided in subsequent
    years.

                                   Article II

                        Services and Program Assistance

    Section 221
        (a) Services.--The Government of the United States shall
    make available to the Federated States of Micronesia, in
    accordance with and to the extent provided in the Federal
    Programs and Services Agreement referred to in section 231, the
    services and related programs of:
              (1) the United States Weather Service;
              (2) the United States Postal Service;
              (3) the United States Federal Aviation
            Administration;
              (4) the United States Department of Transportation;
              (5) the Federal Deposit Insurance Corporation (for
            the benefit only of the Bank of the Federated States of
            Micronesia); and
              (6) the Department of Homeland Security, and the
            United States Agency for International Development,
            Office of Foreign Disaster Assistance.
    Upon the effective date of this Compact, as amended, the United
    States Departments and Agencies named or having responsibility
    to provide these services and related programs shall have the
    authority to implement the relevant provisions of the Federal
    Programs and Services Agreement referred to in section 231.
        (b) Programs.--
              (1) With the exception of the services and programs
            covered by subsection (a) of this section, and unless
            the Congress of the United States provides otherwise,
            the Government of the United States shall make
            available to the Federated States of Micronesia the
            services and programs that were available to the
            Federated States of Micronesia on the effective date of
            this Compact, as amended, to the extent that such
            services and programs continue to be available to State
            and local governments of the United States. As set
            forth in the Fiscal Procedures Agreement, funds
            provided under subsection (a) of section 211 will be
            considered to be local revenues of the Government of
            the Federated States of Micronesia when used as the
            local share required to obtain Federal programs and
            services.
              (2) Unless provided otherwise by U.S. law, the
            services and programs described in paragraph (1) of
            this subsection shall be extended in accordance with
            the terms of the Federal Programs and Services
            Agreement referred to in section 231.
        (c) The Government of the United States shall have and
    exercise such authority as is necessary to carry out its
    responsibilities under this Title and the separate agreements
    referred to in amended section 231, including the authority to
    monitor and administer all service and program assistance
    provided by the United States to the Federated States of
    Micronesia. The Federal Programs and Services Agreement
    referred to in amended section 231 shall also set forth the
    extent to which services and programs shall be provided to the
    Federated States of Micronesia.
        (d) Except as provided elsewhere in this Compact, as
    amended, under any separate agreement entered into under this
    Compact, as amended, or otherwise under U.S. law, all Federal
    domestic programs extended to or operating in the Federated
    States of Micronesia shall be subject to all applicable
    criteria, standards, reporting requirements, auditing
    procedures, and other rules and regulations applicable to such
    programs and services when operating in the United States.
        (e) The Government of the United States shall make
    available to the Federated States of Micronesia alternate
    energy development projects, studies, and conservation measures
    to the extent provided for the Freely Associated States in the
    laws of the United States.
    Section 222
        The Government of the United States and the Government of
    the Federated States of Micronesia may agree from time to time
    to extend to the Federated States of Micronesia additional
    United States grant assistance, services and programs, as
    provided under the laws of the United States. Unless
    inconsistent with such laws, or otherwise specifically
    precluded by the Government of the United States at the time
    such additional grant assistance, services, or programs are
    extended, the Federal Programs and Services Agreement referred
    to section 231 shall apply to any such assistance, services or
    programs.
    Section 223
        The Government of the Federated States of Micronesia shall
    make available to the Government of the United States at no
    cost such land as may be necessary for the operations of the
    services and programs provided pursuant to this Article, and
    such facilities as are provided by the Government of the
    Federated States of Micronesia at no cost to the Government of
    the United States as of the effective date of this Compact, as
    amended, or as may be mutually agreed thereafter.
    Section 224
        The Government of the Federated States of Micronesia may
    request, from time to time, technical assistance from the
    Federal agencies and institutions of the Government of the
    United States, which are authorized to grant such technical
    assistance in accordance with its laws. If technical assistance
    is granted pursuant to such a request, the Government of the
    United States shall provide the technical assistance in a
    manner which gives priority consideration to the Federated
    States of Micronesia over other recipients not a part of the
    United States, its territories or possessions, and equivalent
    consideration to the Federated States of Micronesia with
    respect to other states in Free Association with the United
    States. Such assistance shall be made available on a
    reimbursable or non-reimbursable basis to the extent provided
    by United States law.

                                  Article III

                           Administrative Provisions

    Section 231
        The specific nature, extent and contractual arrangements of
    the services and programs provided for in section 221 of this
    Compact, as amended, as well as the legal status of agencies of
    the Government of the United States, their civilian employees
    and contractors, and the dependents of such personnel while
    present in the Federated States of Micronesia, and other
    arrangements in connection with the assistance, services, or
    programs furnished by the Government of the United States, are
    set forth in a Federal Programs and Services Agreement which
    shall come into effect simultaneously with this Compact, as
    amended.
    Section 232
        The Government of the United States, in consultation with
    the Government of the Federated States of Micronesia, shall
    determine and implement procedures for the periodic audit of
    all grants and other assistance made under Article I of this
    Title and of all funds expended for the services and programs
    provided under Article II of this Title. Further, in accordance
    with the Fiscal Procedures Agreement described in subsection
    (a) of section 211, the Comptroller General of the United
    States shall have such powers and authorities as described in
    sections 102 (c) and 110 (c) of Public Law 99-239, 99 Stat.
    1777-78, and 99 Stat. 1799 (January 14, 1986).
    Section 233
        Approval of this Compact, as amended, by the Government of
    the United States, in accordance with its constitutional
    processes, shall constitute a pledge by the United States that
    the sums and amounts specified as sector grants in section 211
    of this Compact, as amended, shall be appropriated and paid to
    the Federated States of Micronesia for such period as those
    provisions of this Compact, as amended, remain in force,
    subject to the terms and conditions of this Title and related
    subsidiary agreements.
    Section 234
        The Government of the Federated States of Micronesia
    pledges to cooperate with, permit, and assist if reasonably
    requested, designated and authorized representatives of the
    Government of the United States charged with investigating
    whether Compact funds, or any other assistance authorized under
    this Compact, as amended, have, or are being, used for purposes
    other than those set forth in this Compact, as amended, or its
    subsidiary agreements. In carrying out this investigative
    authority, such United States Government representatives may
    request that the Government of the Federated States of
    Micronesia subpoena documents and records and compel testimony
    in accordance with the laws and Constitution of the Federated
    States of Micronesia. Such assistance by the Government of the
    Federated States of Micronesia to the Government of the United
    States shall not be unreasonably withheld. The obligation of
    the Government of the Federated States of Micronesia to fulfill
    its pledge herein is a condition to its receiving payment of
    such funds or other assistance authorized under this Compact,
    as amended. The Government of the United States shall pay any
    reasonable costs for extraordinary services executed by the
    Government of the Federated States of Micronesia in carrying
    out the provisions of this section.

                                   Article IV

                                     Trade

    Section 241
        The Federated States of Micronesia is not included in the
    customs territory of the United States.
    Section 242
        The President shall proclaim the following tariff treatment
    for articles imported from the Federated States of Micronesia
    which shall apply during the period of effectiveness of this
    title:
              (a) Unless otherwise excluded, articles imported from
            the Federated States of Micronesia, subject to the
            limitations imposed under section 503(b) of title V of
            the Trade Act of 1974 (19 U.S.C. 2463(b)), shall be
            exempt from duty.
              (b) Only tuna in airtight containers provided for in
            heading 1604.14.22 of the Harmonized Tariff Schedule of
            the United States that is imported from the Federated
            States of Micronesia and the Republic of the Marshall
            Islands during any calendar year not to exceed 10
            percent of apparent United States consumption of tuna
            in airtight containers during the immediately preceding
            calendar year, as reported by the National Marine
            Fisheries Service, shall be exempt from duty; but the
            quantity of tuna given duty-free treatment under this
            paragraph for any calendar year shall be counted
            against the aggregated quantity of tuna in airtight
            containers that is dutiable under rate column numbered
            1 of such heading 1604.14.22 for that calendar year.
              (c) The duty-free treatment provided under subsection
            (a) shall not apply to--
                      (1) watches, clocks, and timing apparatus
                    provided for in Chapter 91, excluding heading
                    9113, of the Harmonized Tariff Schedule of the
                    United States;
                      (2) buttons (whether finished or not
                    finished) provided for in items 9606.21.40 and
                    9606.29.20 of such Schedule;
                      (3) textile and apparel articles which are
                    subject to textile agreements; and
                      (4) footwear, handbags, luggage, flat goods,
                    work gloves, and leather wearing apparel which
                    were not eligible articles for purposes of
                    title V of the Trade Act of 1974 (19 U.S.C.
                    2461, et seq.) on April 1, 1984.
              (d) If the cost or value of materials produced in the
            customs territory of the United States is included with
            respect to an eligible article which is a product of
            the Federated States of Micronesia, an amount not to
            exceed 15 percent of the appraised value of the article
            at the time it is entered that is attributable to such
            United States cost or value may be applied for duty
            assessment purposes toward determining the percentage
            referred to in section 503(a)(2) of title V of the
            Trade Act of 1974.
    Section 243
        Articles imported from the Federated States of Micronesia
    which are not exempt from duty under subsections (a), (b), (c),
    and (d) of section 242 shall be subject to the rates of duty
    set forth in column numbered 1-general of the Harmonized Tariff
    Schedule of the United States (HTSUS).
    Section 244
        (a) All products of the United States imported into the
    Federated States of Micronesia shall receive treatment no less
    favorable than that accorded like products of any foreign
    country with respect to customs duties or charges of a similar
    nature and with respect to laws and regulations relating to
    importation, exportation, taxation, sale, distribution, storage
    or use.
        (b) The provisions of subsection (a) shall not apply to
    advantages accorded by the Federated States of Micronesia by
    virtue of their full membership in the Pacific Island Countries
    Trade Agreement (PICTA), done on August 18, 2001, to those
    governments listed in Article 26 of PICTA, as of the date the
    Compact, as amended, is signed.
        (c) Prior to entering into consultations on, or concluding,
    a free trade agreement with governments not listed in Article
    26 of PICTA, the Federated States of Micronesia shall consult
    with the United States regarding whether or how subsection (a)
    of section 244 shall be applied.

                                   Article V

                              Finance and Taxation

    Section 251
        The currency of the United States is the official
    circulating legal tender of the Federated States of Micronesia.
    Should the Government of the Federated States of Micronesia act
    to institute another currency, the terms of an appropriate
    currency transitional period shall be as agreed with the
    Government of the United States.
    Section 252
        The Government of the Federated States of Micronesia may,
    with respect to United States persons, tax income derived from
    sources within its respective jurisdiction, property situated
    therein, including transfers of such property by gift or at
    death, and products consumed therein, in such manner as the
    Government of the Federated States of Micronesia deems
    appropriate. The determination of the source of any income, or
    the situs of any property, shall for purposes of this Compact
    be made according to the United States Internal Revenue Code.
    Section 253
        A citizen of the Federated States of Micronesia, domiciled
    therein, shall be exempt from estate, gift, and generation-
    skipping transfer taxes imposed by the Government of the United
    States, provided that such citizen of the Federated States of
    Micronesia is neither a citizen nor a resident of the United
    States.
    Section 254
        (a) In determining any income tax imposed by the Government
    of the Federated States of Micronesia, the Government of the
    Federated States of Micronesia shall have authority to impose
    tax upon income derived by a resident of the Federated States
    of Micronesia from sources without the Federated States of
    Micronesia, in the same manner and to the same extent as the
    Government of the Federated States of Micronesia imposes tax
    upon income derived from within its own jurisdiction. If the
    Government of the Federated States of Micronesia exercises such
    authority as provided in this subsection, any individual
    resident of the Federated States of Micronesia who is subject
    to tax by the Government of the United States on income which
    is also taxed by the Government of the Federated States of
    Micronesia shall be relieved of liability to the Government of
    the United States for the tax which, but for this subsection,
    would otherwise be imposed by the Government of the United
    States on such income. However, the relief from liability to
    the United States Government referred to in the preceding
    sentence means only relief in the form of the foreign tax
    credit (or deduction in lieu thereof) available with respect to
    the income taxes of a possession of the United States, and
    relief in the form of the exclusion under section 911 of the
    Internal Revenue Code of 1986. For purposes of this section,
    the term ``resident of the Federated States of Micronesia''
    shall be deemed to include any person who was physically
    present in the Federated States of Micronesia for a period of
    183 or more days during any taxable year.
        (b) If the Government of the Federated States of Micronesia
    subjects income to taxation substantially similar to that
    imposed by the Trust Territory Code in effect on January 1,
    1980, such Government shall be deemed to have exercised the
    authority described in section 254(a).
    Section 255
        For purposes of section 274(h)(3)(A) of the United States
    Internal Revenue Code of 1986, the term ``North American Area''
    shall include the Federated States of Micronesia.

                                  TITLE THREE

                         SECURITY AND DEFENSE RELATIONS

                                   Article I

                          Authority and Responsibility

    Section 311
        (a) The Government of the United States has full authority
    and responsibility for security and defense matters in or
    relating to the Federated States of Micronesia.
        (b) This authority and responsibility includes:
              (1) the obligation to defend the Federated States of
            Micronesia and its people from attack or threats
            thereof as the United States and its citizens are
            defended;
              (2) the option to foreclose access to or use of the
            Federated States of Micronesia by military personnel or
            for the military purposes of any third country; and
              (3) the option to establish and use military areas
            and facilities in the Federated States of Micronesia,
            subject to the terms of the separate agreements
            referred to in sections 321 and 323.
        (c) The Government of the United States confirms that it
    shall act in accordance with the principles of international
    law and the Charter of the United Nations in the exercise of
    this authority and responsibility.
    Section 312
        Subject to the terms of any agreements negotiated in
    accordance with sections 321 and 323, the Government of the
    United States may conduct within the lands, waters and airspace
    of the Federated States of Micronesia the activities and
    operations necessary for the exercise of its authority and
    responsibility under this Title.
    Section 313
        (a) The Government of the Federated States of Micronesia
    shall refrain from actions that the Government of the United
    States determines, after appropriate consultation with that
    Government, to be incompatible with its authority and
    responsibility for security and defense matters in or relating
    to the Federated States of Micronesia.
        (b) The consultations referred to in this section shall be
    conducted expeditiously at senior levels of the two
    Governments, and the subsequent determination by the Government
    of the United States referred to in this section shall be made
    only at senior interagency levels of the Government of the
    United States.
        (c) The Government of the Federated States of Micronesia
    shall be afforded, on an expeditious basis, an opportunity to
    raise its concerns with the United States Secretary of State
    personally and the United States Secretary of Defense
    personally regarding any determination made in accordance with
    this section.
    Section 314
        (a) Unless otherwise agreed, the Government of the United
    States shall not, in the Federated States of Micronesia:
              (1) test by detonation or dispose of any nuclear
            weapon, nor test, dispose of, or discharge any toxic
            chemical or biological weapon; or
              (2) test, dispose of, or discharge any other
            radioactive, toxic chemical or biological materials in
            an amount or manner which would be hazardous to public
            health or safety.
        (b) Unless otherwise agreed, other than for transit or
    overflight purposes or during time of a national emergency
    declared by the President of the United States, a state of war
    declared by the Congress of the United States or as necessary
    to defend against an actual or impending armed attack on the
    United States, the Federated States of Micronesia or the
    Republic of the Marshall Islands, the Government of the United
    States shall not store in the Federated States of Micronesia or
    the Republic of the Marshall Islands any toxic chemical weapon,
    nor any radioactive materials nor any toxic chemical materials
    intended for weapons use.
        (c) Radioactive, toxic chemical, or biological materials
    not intended for weapons use shall not be affected by section
    314(b).
        (d) No material or substance referred to in this section
    shall be stored in the Federated States of Micronesia except in
    an amount and manner which would not be hazardous to public
    health or safety. In determining what shall be an amount or
    manner which would be hazardous to public health or safety
    under this section, the Government of the United States shall
    comply with any applicable mutual agreement, international
    guidelines accepted by the Government of the United States, and
    the laws of the United States and their implementing
    regulations.
        (e) Any exercise of the exemption authority set forth in
    section 161(e) shall have no effect on the obligations of the
    Government of the United States under this section or on the
    application of this subsection.
        (f) The provisions of this section shall apply in the areas
    in which the Government of the Federated States of Micronesia
    exercises jurisdiction over the living resources of the seabed,
    subsoil or water column adjacent to its coasts.
    Section 315
        The Government of the United States may invite members of
    the armed forces of other countries to use military areas and
    facilities in the Federated States of Micronesia, in
    conjunction with and under the control of United States Armed
    Forces. Use by units of the armed forces of other countries of
    such military areas and facilities, other than for transit and
    overflight purposes, shall be subject to consultation with and,
    in the case of major units, approval of the Government of the
    Federated States of Micronesia.
    Section 316
        The authority and responsibility of the Government of the
    United States under this Title may not be transferred or
    otherwise assigned.

                                   Article II

                    Defense Facilities and Operating Rights

    Section 321
        (a) Specific arrangements for the establishment and use by
    the Government of the United States of military areas and
    facilities in the Federated States of Micronesia are set forth
    in separate agreements, which shall remain in effect in
    accordance with the terms of such agreements.
        (b) If, in the exercise of its authority and responsibility
    under this Title, the Government of the United States requires
    the use of areas within the Federated States of Micronesia in
    addition to those for which specific arrangements are concluded
    pursuant to section 321(a), it may request the Government of
    the Federated States of Micronesia to satisfy those
    requirements through leases or other arrangements. The
    Government of the Federated States of Micronesia shall
    sympathetically consider any such request and shall establish
    suitable procedures to discuss it with and provide a prompt
    response to the Government of the United States.
        (c) The Government of the United States recognizes and
    respects the scarcity and special importance of land in the
    Federated States of Micronesia. In making any requests pursuant
    to section 321(b), the Government of the United States shall
    follow the policy of requesting the minimum area necessary to
    accomplish the required security and defense purpose, of
    requesting only the minimum interest in real property necessary
    to support such purpose, and of requesting first to satisfy its
    requirement through public real property, where available,
    rather than through private real property.
    Section 322
        The Government of the United States shall provide and
    maintain fixed and floating aids to navigation in the Federated
    States of Micronesia at least to the extent necessary for the
    exercise of its authority and responsibility under this Title.
    Section 323
        The military operating rights of the Government of the
    United States and the legal status and contractual arrangements
    of the United States Armed Forces, their members, and
    associated civilians, while present in the Federated States of
    Micronesia are set forth in separate agreements, which shall
    remain in effect in accordance with the terms of such
    agreements.

                                  Article III

             Defense Treaties and International Security Agreements

    Section 331
        Subject to the terms of this Compact, as amended, and its
    related agreements, the Government of the United States,
    exclusively, has assumed and enjoys, as to the Federated States
    of Micronesia, all obligations, responsibilities, rights and
    benefits of:
        (a) Any defense treaty or other international security
    agreement applied by the Government of the United States as
    Administering Authority of the Trust Territory of the Pacific
    Islands as of November 2, 1986.
        (b) Any defense treaty or other international security
    agreement to which the Government of the United States is or
    may become a party which it determines to be applicable in the
    Federated States of Micronesia. Such a determination by the
    Government of the United States shall be preceded by
    appropriate consultation with the Government of the Federated
    States of Micronesia.

                                   Article IV

                  Service in Armed Forces of the United States

    Section 341
        Any person entitled to the privileges set forth in Section
    141 (with the exception of any person described in section
    141(a)(5) who is not a citizen of the Federated States of
    Micronesia) shall be eligible to volunteer for service in the
    Armed Forces of the United States, but shall not be subject to
    involuntary induction into military service of the United
    States as long as such person has resided in the United States
    for a period of less than one year, provided that no time shall
    count towards this one year while a person admitted to the
    United States under the Compact, or the Compact, as amended, is
    engaged in full-time study in the United States. Any person
    described in section 141(a)(5) who is not a citizen of the
    Federated States of Micronesia shall be subject to United
    States laws relating to selective service.
    Section 342
        The Government of the United States shall have enrolled, at
    any one time, at least one qualified student from the Federated
    States of Micronesia, as may be nominated by the Government of
    the Federated States of Micronesia, in each of:
        (a) The United States Coast Guard Academy pursuant to 14
    U.S.C. 195.
        (b) The United States Merchant Marine Academy pursuant to
    46 U.S.C. 1295(b)(6), provided that the provisions of 46 U.S.C.
    1295b(b)(6)(C) shall not apply to the enrollment of students
    pursuant to section 342(b) of this Compact, as amended.

                                   Article V

                               General Provisions

    Section 351
        (a) The Government of the United States and the Government
    of the Federated States of Micronesia shall continue to
    maintain a Joint Committee empowered to consider disputes
    arising under the implementation of this Title and its related
    agreements.
        (b) The membership of the Joint Committee shall comprise
    selected senior officials of the two Governments. The senior
    United States military commander in the Pacific area shall be
    the senior United States member of the Joint Committee. For the
    meetings of the Joint Committee, each of the two Governments
    may designate additional or alternate representatives as
    appropriate for the subject matter under consideration.
        (c) Unless otherwise mutually agreed, the Joint Committee
    shall meet annually at a time and place to be designated, after
    appropriate consultation, by the Government of the United
    States. The Joint Committee also shall meet promptly upon
    request of either of its members. The Joint Committee shall
    follow such procedures, including the establishment of
    functional subcommittees, as the members may from time to time
    agree. Upon notification by the Government of the United
    States, the Joint Committee of the United States and the
    Federated States of Micronesia shall meet promptly in a
    combined session with the Joint Committee established and
    maintained by the Government of the United States and the
    Republic of the Marshall Islands to consider matters within the
    jurisdiction of the two Joint Committees.
        (d) Unresolved issues in the Joint Committee shall be
    referred to the Governments for resolution, and the Government
    of the Federated States of Micronesia shall be afforded, on an
    expeditious basis, an opportunity to raise its concerns with
    the United States Secretary of Defense personally regarding any
    unresolved issue which threatens its continued association with
    the Government of the United States.
    Section 352
        In the exercise of its authority and responsibility under
    Title Three, the Government of the United States shall accord
    due respect to the authority and responsibility of the
    Government of the Federated States of Micronesia under Titles
    One, Two and Four and to the responsibility of the Government
    of the Federated States of Micronesia to assure the well-being
    of its people.
    Section 353
        (a) The Government of the United States shall not include
    the Government of the Federated States of Micronesia as a named
    party to a formal declaration of war, without that Government's
    consent.
        (b) Absent such consent, this Compact, as amended, is
    without prejudice, on the ground of belligerence or the
    existence of a state of war, to any claims for damages which
    are advanced by the citizens, nationals or Government of the
    Federated States of Micronesia, which arise out of armed
    conflict subsequent to November 3, 1986, and which are:
              (1) petitions to the Government of the United States
            for redress; or
              (2) claims in any manner against the government,
            citizens, nationals or entities of any third country.
        (c) Petitions under section 353(b)(1) shall be treated as
    if they were made by citizens of the United States.
    Section 354
        (a) The Government of the United States and the Government
    of the Federated States of Micronesia are jointly committed to
    continue their security and defense relations, as set forth in
    this Title. Accordingly, it is the intention of the two
    countries that the provisions of this Title shall remain
    binding as long as this Compact, as amended, remains in effect,
    and thereafter as mutually agreed, unless earlier terminated by
    mutual agreement pursuant to section 441, or amended pursuant
    to Article III of Title Four. If at any time the Government of
    the United States, or the Government of the Federated States of
    Micronesia, acting unilaterally, terminates this Title, such
    unilateral termination shall be considered to be termination of
    the entire Compact, in which case the provisions of section 442
    and 452 (in the case of termination by the Government of the
    United States) or sections 443 and 453 (in the case of
    termination by the Government of the Federated States of
    Micronesia), with the exception of paragraph (3) of subsection
    (a) of section 452 or paragraph (3) of subsection (a) of
    section 453, as the case may be, shall apply.
        (b) The Government of the United States recognizes, in view
    of the special relationship between the Government of the
    United States and the Government of the Federated States of
    Micronesia, and in view of the existence of the separate
    agreement regarding mutual security concluded with the
    Government of the Federated States of Micronesia pursuant to
    sections 321 and 323, that, even if this Title should
    terminate, any attack on the Federated States of Micronesia
    during the period in which such separate agreement is in
    effect, would constitute a threat to the peace and security of
    the entire region and a danger to the United States. In the
    event of such an attack, the Government of the United States
    would take action to meet the danger to the United States and
    to the Federated States of Micronesia in accordance with its
    constitutional processes.
        (c) As reflected in Article 21(1)(b) of the Trust Fund
    Agreement, the Government of the United States and the
    Government of the Federated States of Micronesia further
    recognize, in view of the special relationship between their
    countries, that even if this Title should terminate, the
    Government of the Federated States of Micronesia shall refrain
    from actions which the Government of the United States
    determines, after appropriate consultation with that
    Government, to be incompatible with its authority and
    responsibility for security and defense matters in or relating
    to the Federated States of Micronesia or the Republic of the
    Marshall Islands.

                                   TITLE FOUR

                               GENERAL PROVISIONS

                                   Article I

                          Approval and Effective Date

    Section 411
        Pursuant to section 432 of the Compact and subject to
    subsection (e) of section 461 of the Compact, as amended, the
    Compact, as amended, shall come into effect upon mutual
    agreement between the Government of the United States and the
    Government of the Federated States of Micronesia subsequent to
    completion of the following:
              (a) Approval by the Government of the Federated
            States of Micronesia in accordance with its
            constitutional processes.
              (b) Approval by the Government of the United States
            in accordance with its constitutional processes.

                                   Article II

                       Conference and Dispute Resolution

    Section 421
        The Government of the United States shall confer promptly
    at the request of the Government of the Federated States of
    Micronesia and that Government shall confer promptly at the
    request of the Government of the United States on matters
    relating to the provisions of this Compact, as amended, or of
    its related agreements.
    Section 422
        In the event the Government of the United States or the
    Government of the Federated States of Micronesia, after
    conferring pursuant to section 421, determines that there is a
    dispute and gives written notice thereof, the two Governments
    shall make a good faith effort to resolve the dispute between
    themselves.
    Section 423
        If a dispute between the Government of the United States
    and the Government of the Federated States of Micronesia cannot
    be resolved within 90 days of written notification in the
    manner provided in section 422, either party to the dispute may
    refer it to arbitration in accordance with section 424.
    Section 424
        Should a dispute be referred to arbitration as provided for
    in section 423, an Arbitration Board shall be established for
    the purpose of hearing the dispute and rendering a decision
    which shall be binding upon the two parties to the dispute
    unless the two parties mutually agree that the decision shall
    be advisory. Arbitration shall occur according to the following
    terms:
              (a) An Arbitration Board shall consist of a Chairman
            and two other members, each of whom shall be a citizen
            of a party to the dispute. Each of the two Governments
            which is a party to the dispute shall appoint one
            member to the Arbitration Board. If either party to the
            dispute does not fulfill the appointment requirements
            of this section within 30 days of referral of the
            dispute to arbitration pursuant to section 423, its
            member on the Arbitration Board shall be selected from
            its own standing list by the other party to the
            dispute. Each Government shall maintain a standing list
            of 10 candidates. The parties to the dispute shall
            jointly appoint a Chairman within 15 days after
            selection of the other members of the Arbitration
            Board. Failing agreement on a Chairman, the Chairman
            shall be chosen by lot from the standing lists of the
            parties to the dispute within 5 days after such
            failure.
              (b) Unless otherwise provided in this Compact, as
            amended, or its related agreements, the Arbitration
            Board shall have jurisdiction to hear and render its
            final determination on all disputes arising exclusively
            under Articles I, II, III, IV and V of Title One, Title
            Two, Title Four, and their related agreements.
              (c) Each member of the Arbitration Board shall have
            one vote. Each decision of the Arbitration Board shall
            be reached by majority vote.
              (d) In determining any legal issue, the Arbitration
            Board may have reference to international law and, in
            such reference, shall apply as guidelines the
            provisions set forth in Article 38 of the Statute of
            the International Court of Justice.
              (e) The Arbitration Board shall adopt such rules for
            its proceedings as it may deem appropriate and
            necessary, but such rules shall not contravene the
            provisions of this Compact, as amended. Unless the
            parties provide otherwise by mutual agreement, the
            Arbitration Board shall endeavor to render its decision
            within 30 days after the conclusion of arguments. The
            Arbitration Board shall make findings of fact and
            conclusions of law and its members may issue dissenting
            or individual opinions. Except as may be otherwise
            decided by the Arbitration Board, one-half of all costs
            of the arbitration shall be borne by the Government of
            the United States and the remainder shall be borne by
            the Government of the Federated States of Micronesia.

                                  Article III

                                   Amendment

    Section 431
        The provisions of this Compact, as amended, may be further
    amended by mutual agreement of the Government of the United
    States and the Government of the Federated States of
    Micronesia, in accordance with their respective constitutional
    processes.

                                   Article IV

                                  Termination

    Section 441
        This Compact, as amended, may be terminated by mutual
    agreement of the Government of the Federated States of
    Micronesia and the Government of the United States, in
    accordance with their respective constitutional processes. Such
    mutual termination of this Compact, as amended, shall be
    without prejudice to the continued application of section 451
    of this Compact, as amended, and the provisions of the Compact,
    as amended, set forth therein.
    Section 442
        Subject to section 452, this Compact, as amended, may be
    terminated by the Government of the United States in accordance
    with its constitutional processes. Such termination shall be
    effective on the date specified in the notice of termination by
    the Government of the United States but not earlier than six
    months following delivery of such notice. The time specified in
    the notice of termination may be extended. Such termination of
    this Compact, as amended, shall be without prejudice to the
    continued application of section 452 of this Compact, as
    amended, and the provisions of the Compact, as amended, set
    forth therein.
    Section 443
        This Compact, as amended, shall be terminated by the
    Government of the Federated States of Micronesia, pursuant to
    its constitutional processes, subject to section 453 if the
    people represented by that Government vote in a plebiscite to
    terminate the Compact, as amended, or by another process
    permitted by the FSM constitution and mutually agreed between
    the Governments of the United States and the Federated States
    of Micronesia. The Government of the Federated States of
    Micronesia shall notify the Government of the United States of
    its intention to call such a plebiscite, or to pursue another
    mutually agreed and constitutional process, which plebiscite or
    process shall take place not earlier than three months after
    delivery of such notice. The plebiscite or other process shall
    be administered by the Government of the Federated States of
    Micronesia in accordance with its constitutional and
    legislative processes. If a majority of the valid ballots cast
    in the plebiscite or other process favors termination, the
    Government of the Federated States of Micronesia shall, upon
    certification of the results of the plebiscite or other
    process, give notice of termination to the Government of the
    United States, such termination to be effective on the date
    specified in such notice but not earlier than three months
    following the date of delivery of such notice. The time
    specified in the notice of termination may be extended.

                                   Article V

                                 Survivability

    Section 451
        (a) Should termination occur pursuant to section 441,
    economic and other assistance by the Government of the United
    States shall continue only if and as mutually agreed by the
    Governments of the United States and the Federated States of
    Micronesia, and in accordance with the parties' respective
    constitutional processes.
        (b) In view of the special relationship of the United
    States and the Federated States of Micronesia, as reflected in
    subsections (b) and (c) of section 354 of this Compact, as
    amended, and the separate agreement entered into consistent
    with those subsections, if termination occurs pursuant to
    section 441 prior to the twentieth anniversary of the effective
    date of this Compact, as amended, the United States shall
    continue to make contributions to the Trust Fund described in
    section 215 of this Compact, as amended.
        (c) In view of the special relationship of the United
    States and the Federated States of Micronesia described in
    subsection (b) of this section, if termination occurs pursuant
    to section 441 following the twentieth anniversary of the
    effective date of this Compact, as amended, the Federated
    States of Micronesia shall be entitled to receive proceeds from
    the Trust Fund described in section 215 of this Compact, as
    amended, in the manner described in those provisions and the
    Trust Fund Agreement governing the distribution of such
    proceeds.
    Section 452
        (a) Should termination occur pursuant to section 442 prior
    to the twentieth anniversary of the effective date of this
    Compact, as amended, the following provisions of this Compact,
    as amended, shall remain in full force and effect until the
    twentieth anniversary of the effective date of this Compact, as
    amended, and thereafter as mutually agreed:
              (1) Article VI and sections 172, 173, 176 and 177 of
            Title One;
              (2) Sections 232 and 234 of Title Two;
              (3) Title Three; and
              (4) Articles II, III, V and VI of Title Four.
        (b) Should termination occur pursuant to section 442 before
    the twentieth anniversary of the effective date of the Compact,
    as amended:
              (1) Except as provided in paragraph (2) of this
            subsection and subsection (c) of this section, economic
            and other assistance by the United States shall
            continue only if and as mutually agreed by the
            Governments of the United States and the Federated
            States of Micronesia.
              (2) In view of the special relationship of the United
            States and the Federated States of Micronesia, as
            reflected in subsections (b) and (c) of section 354 of
            this Compact, as amended, and the separate agreement
            regarding mutual security, and the Trust Fund
            Agreement, the United States shall continue to make
            contributions to the Trust Fund described in section
            215 of this Compact, as amended, in the manner
            described in the Trust Fund Agreement.
        (c) In view of the special relationship of the United
    States and the Federated States of Micronesia, as reflected in
    subsections 354(b) and (c) of this Compact, as amended, and the
    separate agreement regarding mutual security, and the Trust
    Fund Agreement, if termination occurs pursuant to section 442
    following the twentieth anniversary of the effective date of
    this Compact, as amended, the Federated States of Micronesia
    shall continue to be eligible to receive proceeds from the
    Trust Fund described in section 215 of this Compact, as
    amended, in the manner described in those provisions and the
    Trust Fund Agreement.
    Section 453
        (a) Should termination occur pursuant to section 443 prior
    to the twentieth anniversary of the effective date of this
    Compact, as amended, the following provisions of this Compact,
    as amended, shall remain in full force and effect until the
    twentieth anniversary of the effective date of this Compact, as
    amended, and thereafter as mutually agreed:
              (1) Article VI and sections 172, 173, 176 and 177 of
            Title One;
              (2) Sections 232 and 234 of Title Two;
              (3) Title Three; and
              (4) Articles II, III, V and VI of Title Four.
        (b) Upon receipt of notice of termination pursuant to
    section 443, the Government of the United States and the
    Government of the Federated States of Micronesia shall promptly
    consult with regard to their future relationship. Except as
    provided in subsection (c) and (d) of this section, these
    consultations shall determine the level of economic and other
    assistance, if any, which the Government of the United States
    shall provide to the Government of the Federated States of
    Micronesia for the period ending on the twentieth anniversary
    of the effective date of this Compact, as amended, and for any
    period thereafter, if mutually agreed.
        (c) In view of the special relationship of the United
    States and the Federated States of Micronesia, as reflected in
    subsections 354(b) and (c) of this Compact, as amended, and the
    separate agreement regarding mutual security, and the Trust
    Fund Agreement, if termination occurs pursuant to section 443
    prior to the twentieth anniversary of the effective date of
    this Compact, as amended, the United States shall continue to
    make contributions to the Trust Fund described in section 215
    of this Compact, as amended, in the manner described in the
    Trust Fund Agreement.
        (d) In view of the special relationship of the United
    States and the Federated States of Micronesia, as reflected in
    subsections 354(b) and (c) of this Compact, as amended, and the
    separate agreement regarding mutual security, and the Trust
    Fund Agreement, if termination occurs pursuant to section 443
    following the twentieth anniversary of the effective date of
    this Compact, as amended, the Federated States of Micronesia
    shall continue to be eligible to receive proceeds from the
    Trust Fund described in section 215 of this Compact, as
    amended, in the manner described in those provisions and the
    Trust Fund Agreement.
    Section 454
        Notwithstanding any other provision of this Compact, as
    amended:
              (a) The Government of the United States reaffirms its
            continuing interest in promoting the economic
            advancement and budgetary self-reliance of the people
            of the Federated States of Micronesia.
              (b) The separate agreements referred to in Article II
            of Title Three shall remain in effect in accordance
            with their terms.

                                   Article VI

                              Definition of Terms

    Section 461
        For the purpose of this Compact, as amended, only, and
    without prejudice to the views of the Government of the United
    States or the Government of the Federated States of Micronesia
    as to the nature and extent of the jurisdiction of either of
    them under international law, the following terms shall have
    the following meanings:
              (a) ``Trust Territory of the Pacific Islands'' means
            the area established in the Trusteeship Agreement
            consisting of the former administrative districts of
            Kosrae, Yap, Ponape, the Marshall Islands and Truk as
            described in Title One, Trust Territory Code, section
            1, in force on January 1, 1979. This term does not
            include the area of Palau or the Northern Mariana
            Islands.
              (b) ``Trusteeship Agreement'' means the agreement
            setting forth the terms of trusteeship for the Trust
            Territory of the Pacific Islands, approved by the
            Security Council of the United Nations April 2, 1947,
            and by the United States July 18, 1947, entered into
            force July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665, 8
            U.N.T.S. 189.
               (c) ``The Federated States of Micronesia'' and ``the
            Republic of the Marshall Islands'' are used in a
            geographic sense and include the land and water areas
            to the outer limits of the territorial sea and the air
            space above such areas as now or hereafter recognized
            by the Government of the United States.
              (d) ``Compact'' means the Compact of Free Association
            Between the United States and the Federated States of
            Micronesia and the Marshall Islands, that was approved
            by the United States Congress in section 201 of Public
            Law 99-239 (Jan. 14, 1986) and went into effect with
            respect to the Federated States of Micronesia on
            November 3, 1986.
              (e) ``Compact, as amended'' means the Compact of Free
            Association Between the United States and the Federated
            States of Micronesia, as amended. The effective date of
            the Compact, as amended, shall be on a date to be
            determined by the President of the United States, and
            agreed to by the Government of the Federated States of
            Micronesia, following formal approval of the Compact,
            as amended, in accordance with section 411 of this
            Compact, as amended.
              (f) ``Government of the Federated States of
            Micronesia'' means the Government established and
            organized by the Constitution of the Federated States
            of Micronesia including all the political subdivisions
            and entities comprising that Government.
              (g) ``Government of the Republic of the Marshall
            Islands'' means the Government established and
            organized by the Constitution of the Republic of the
            Marshall Islands including all the political
            subdivisions and entities comprising that Government.
              (h) The following terms shall be defined consistent
            with the 1998 Edition of the Radio Regulations of the
            International Telecommunications Union as follows:
                      (1) ``Radiocommunication'' means
                    telecommunication by means of radio waves.
                      (2) ``Station'' means one or more
                    transmitters or receivers or a combination of
                    transmitters and receivers, including the
                    accessory equipment, necessary at one location
                    for carrying on a radiocommunication service,
                    or the radio astronomy service.
                      (3) ``Broadcasting Service'' means a
                    radiocommunication service in which the
                    transmissions are intended for direct reception
                    by the general public. This service may include
                    sound transmissions, television transmissions
                    or other types of transmission.
                      (4) ``Broadcasting Station'' means a station
                    in the broadcasting service.
                      (5) ``Assignment (of a radio frequency or
                    radio frequency channel)'' means an
                    authorization given by an administration for a
                    radio station to use a radio frequency or radio
                    frequency channel under specified conditions.
                      (6) ``Telecommunication'' means any
                    transmission, emission or reception of signs,
                    signals, writings, images and sounds or
                    intelligence of any nature by wire, radio,
                    optical or other electromagnetic systems.
              (i) ``Military Areas and Facilities'' means those
            areas and facilities in the Federated States of
            Micronesia reserved or acquired by the Government of
            the Federated States of Micronesia for use by the
            Government of the United States, as set forth in the
            separate agreements referred to in section 321.
              (j) ``Tariff Schedules of the United States'' means
            the Tariff Schedules of the United States as amended
            from time to time and as promulgated pursuant to United
            States law and includes the Tariff Schedules of the
            United States Annotated (TSUSA), as amended.
              (k) ``Vienna Convention on Diplomatic Relations''
            means the Vienna Convention on Diplomatic Relations,
            done April 18, 1961, 23 U.S.T. 3227, T.I.A.S. 7502, 500
            U.N.T.S. 95.
    Section 462
        (a) The Government of the United States and the Government
    of the Federated States of Micronesia previously have concluded
    agreements pursuant to the Compact, which shall remain in
    effect and shall survive in accordance with their terms, as
    follows:
              (1) Agreement Concluded Pursuant to Section 234 of
            the Compact;
              (2) Agreement Between the Government of the United
            States and the Government of the Federated States of
            Micronesia Regarding Friendship, Cooperation and Mutual
            Security Concluded Pursuant to Sections 321 and 323 of
            the Compact of Free Association; and
              (3) Agreement Between the Government of the United
            States of America and the Federated States of
            Micronesia Regarding Aspects of the Marine Sovereignty
            and Jurisdiction of the Federated States of Micronesia.
        (b) The Government of the United States and the Government
    of the Federated States of Micronesia shall conclude prior to
    the date of submission of this Compact, as amended, to the
    legislatures of the two countries, the following related
    agreements which shall come into effect on the effective date
    of this Compact, as amended, and shall survive in accordance
    with their terms, as follows:
              (1) Federal Programs and Services Agreement Between
            the Government of the United States of America and the
            Government of the Federated States of Micronesia
            Concluded Pursuant to Article III of Title One, Article
            II of Title Two (including Section 222), and Section
            231 of the Compact of Free Association, as amended
            which includes:
                      (i) Postal Services and Related Programs;
                      (ii) Weather Services and Related Programs;
                      (iii) Civil Aviation Safety Service and
                    Related Programs;
                      (iv) Civil Aviation Economic Services and
                    Related Programs;
                      (v) United States Disaster Preparedness and
                    Response Services and Related Programs;
                      (vi) Federal Deposit Insurance Corporation
                    Services and Related Programs; and
                      (vii) Telecommunications Services and Related
                    Programs.
              (2) Agreement Between the Government of the United
            States of America and the Government of the Federated
            States of Micronesia on Extradition, Mutual Assistance
            in Law Enforcement Matters and Penal Sanctions
            Concluded Pursuant to Section 175(a) of the Compact of
            Free Association, as amended;
              (3) Agreement Between the Government of the United
            States of America and the Government of the Federated
            States of Micronesia on Labor Recruitment Concluded
            Pursuant to Section 175(b) of the Compact of Free
            Association, as amended;
              (4) Agreement Concerning Procedures for the
            Implementation of United States Economic Assistance
            Provided in the Compact of Free Association, as
            Amended, of Free Association Between the Government of
            the United States of America and Government of the
            Federated States of Micronesia;
              (5) 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;
              (6) Agreement Regarding the Military Use and
            Operating Rights of the Government of the United States
            in the Federated States of Micronesia Concluded
            Pursuant to Sections 211(b), 321 and 323 of the Compact
            of Free Association, as Amended; and the
              (7) Status of Forces Agreement Between the Government
            of the United States of America and the Government of
            the Federated States of Micronesia Concluded Pursuant
            to Section 323 of the Compact of Free Association, as
            Amended.
    Section 463
        (a) Except as set forth in subsection (b) of this section,
    any reference in this Compact, as amended, to a provision of
    the United States Code or the Statutes at Large of the United
    States constitutes the incorporation of the language of such
    provision into this Compact, as amended, as such provision was
    in force on the effective date of this Compact, as amended.
        (b) Any reference in Articles IV and Article VI of Title
    One and Sections 174, 175, 178 and 342 to a provision of the
    United States Code or the Statutes at Large of the United
    States or to the Privacy Act, the Freedom of Information Act,
    the Administrative Procedure Act or the Immigration and
    Nationality Act constitutes the incorporation of the language
    of such provision into this Compact, as amended, as such
    provision was in force on the effective date of this Compact,
    as amended, or as it may be amended thereafter on a non-
    discriminatory basis according to the constitutional processes
    of the United States.

                                  Article VII

                             Concluding Provisions

    Section 471
        Both the Government of the United States and the Government
    of the Federated States of Micronesia shall take all necessary
    steps, of a general or particular character, to ensure, no
    later than the entry into force date of this Compact, as
    amended, the conformity of its laws, regulations and
    administrative procedures with the provisions of this Compact,
    as amended, or in the case of subsection (d) of section 141, as
    soon as reasonably possible thereafter.
    Section 472
        This Compact, as amended, may be accepted, by signature or
    otherwise, by the Government of the United States and the
    Government of the Federated States of Micronesia.
        IN WITNESS WHEREOF, the undersigned, duly authorized, have
    signed this Compact of Free Association, as amended, which
    shall enter into force upon the exchange of diplomatic notes by
    which the Government of the United States of America and the
    Government of the Federated States of Micronesia inform each
    other about the fulfillment of their respective requirements
    for entry into force.
        DONE at Pohnpei, Federated States of Micronesia, in
    duplicate, this fourteenth (14) day of May, 2003, each text
    being equally authentic.

     Signed (May 14, 2003)                Signed (May 14, 2003)
    For the Government of the            For the Government of the
    United States of America:            Federated States of Micronesia:Ambassador Larry M. Dinger           His Excellency Jesse B. Marehalau
    U.S. Ambassador to the               Ambassador Extraordinary and
    Federated States of Micronesia       Plenipotentiary

        (b) \14\ 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.--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 is as follows:
    ---------------------------------------------------------------------------
        \14\ 48 U.S.C. 1921 note.
    ---------------------------------------------------------------------------

                                    PREAMBLE

     THE GOVERNMENT OF THE UNITED STATES OF AMERICA AND THE GOVERNMENT OF
                      THE REPUBLIC OF THE MARSHALL ISLANDS

        Affirming that their Governments and their relationship as
    Governments are founded upon respect for human rights and
    fundamental freedoms for all, and that the people of the
    Republic of the Marshall Islands have the right to enjoy self-
    government; and
        Affirming the common interests of the United States of
    America and the Republic of the Marshall Islands in creating
    and maintaining their close and mutually beneficial
    relationship through the free and voluntary association of
    their respective Governments; and
        Affirming the interest of the Government of the United
    States in promoting the economic advancement and budgetary
    self-reliance of the Republic of the Marshall Islands; and
        Recognizing that their relationship until the entry into
    force on October 21, 1986 of the Compact was based upon the
    International Trusteeship System of the United Nations Charter,
    and in particular Article 76 of the Charter; and that pursuant
    to Article 76 of the Charter, the people of the Republic of the
    Marshall Islands have progressively developed their
    institutions of self-government, and that in the exercise of
    their sovereign right to self-determination they, through their
    freely-expressed wishes, have adopted a Constitution
    appropriate to their particular circumstances; and
        Recognizing that the Compact reflected their common desire
    to terminate the Trusteeship and establish a government-to-
    government relationship which was in accordance with the new
    political status based on the freely expressed wishes of the
    people of the Republic of the Marshall Islands and appropriate
    to their particular circumstances; and
        Recognizing that the people of the Republic of the Marshall
    Islands have and retain their sovereignty and their sovereign
    right to self-determination and the inherent right to adopt and
    amend their own Constitution and form of government and that
    the approval of the entry of the Government of the Republic of
    the Marshall Islands into the Compact by the people of the
    Republic of the Marshall Islands constituted an exercise of
    their sovereign right to self-determination; and
        Recognizing the common desire of the people of the United
    States and the people of the Republic of the Marshall Islands
    to maintain their close government-to-government relationship,
    the United States and the Republic of the Marshall Islands:
        NOW, THEREFORE, MUTUALLY AGREE to continue and strengthen
    their relationship of free association by amending the Compact,
    which continues to provide a full measure of self-government
    for the people of the Republic of the Marshall Islands; and
        FURTHER AGREE that the relationship of free association
    derives from and is as set forth in this Compact, as amended,
    by the Governments of the United States and the Republic of the
    Marshall Islands; and that, during such relationship of free
    association, the respective rights and responsibilities of the
    Government of the United States and the Government of the
    Republic of the Marshall Islands in regard to this relationship
    of free association derive from and are as set forth in this
    Compact, as amended.

                                   TITLE ONE

                             GOVERNMENTAL RELATIONS

                                   Article I

                                Self-Government

    Section 111
        The people of the Republic of the Marshall Islands, acting
    through the Government established under their Constitution,
    are self-governing.

                                   Article II

                                Foreign Affairs

    Section 121
        (a) The Government of the Republic of the Marshall Islands
    has the capacity to conduct foreign affairs and shall do so in
    its own name and right, except as otherwise provided in this
    Compact, as amended.
        (b) The foreign affairs capacity of the Government of the
    Republic of the Marshall Islands includes:
              (1) the conduct of foreign affairs relating to law of
            the sea and marine resources matters, including the
            harvesting, conservation, exploration or exploitation
            of living and non-living resources from the sea, seabed
            or subsoil to the full extent recognized under
            international law;
              (2) the conduct of its commercial, diplomatic,
            consular, economic, trade, banking, postal, civil
            aviation, communications, and cultural relations,
            including negotiations for the receipt of developmental
            loans and grants and the conclusion of arrangements
            with other governments and international and
            intergovernmental organizations, including any matters
            specially benefiting its individual citizens.
        (c) The Government of the United States recognizes that the
    Government of the Republic of the Marshall Islands has the
    capacity to enter into, in its own name and right, treaties and
    other international agreements with governments and regional
    and international organizations.
        (d) In the conduct of its foreign affairs, the Government
    of the Republic of the Marshall Islands confirms that it shall
    act in accordance with principles of international law and
    shall settle its international disputes by peaceful means.
    Section 122
        The Government of the United States shall support
    applications by the Government of the Republic of the Marshall
    Islands for membership or other participation in regional or
    international organizations as may be mutually agreed.
    Section 123
        (a) In recognition of the authority and responsibility of
    the Government of the United States under Title Three, the
    Government of the Republic of the Marshall Islands shall
    consult, in the conduct of its foreign affairs, with the
    Government of the United States.
        (b) In recognition of the foreign affairs capacity of the
    Government of the Republic of the Marshall Islands, the
    Government of the United States, in the conduct of its foreign
    affairs, shall consult with the Government of the Republic of
    the Marshall Islands on matters that the Government of the
    United States regards as relating to or affecting the
    Government of the Republic of the Marshall Islands.
    Section 124
        The Government of the United States may assist or act on
    behalf of the Government of the Republic of the Marshall
    Islands in the area of foreign affairs as may be requested and
    mutually agreed from time to time. The Government of the United
    States shall not be responsible to third parties for the
    actions of the Government of the Republic of the Marshall
    Islands undertaken with the assistance or through the agency of
    the Government of the United States pursuant to this section
    unless expressly agreed.
    Section 125
        The Government of the United States shall not be
    responsible for nor obligated by any actions taken by the
    Government of the Republic of the Marshall Islands in the area
    of foreign affairs, except as may from time to time be
    expressly agreed.
    Section 126
        At the request of the Government of the Republic of the
    Marshall Islands and subject to the consent of the receiving
    state, the Government of the United States shall extend
    consular assistance on the same basis as for citizens of the
    United States to citizens of the Republic of the Marshall
    Islands for travel outside the Republic of the Marshall
    Islands, the United States and its territories and possessions.
    Section 127
        Except as otherwise provided in this Compact, as amended,
    or its related agreements, all obligations, responsibilities,
    rights and benefits of the Government of the United States as
    Administering Authority which resulted from the application
    pursuant to the Trusteeship Agreement of any treaty or other
    international agreement to the Trust Territory of the Pacific
    Islands on October 20, 1986, are, as of that date, no longer
    assumed and enjoyed by the Government of the United States.

                                  Article III

                                 Communications

    Section 131
        (a) The Government of the Republic of the Marshall Islands
    has full authority and responsibility to regulate its domestic
    and foreign communications, and the Government of the United
    States shall provide communications assistance as mutually
    agreed.
        (b) The Government of the Republic of the Marshall Islands
    has elected to undertake all functions previously performed by
    the Government of the United States with respect to domestic
    and foreign communications, except for those functions set
    forth in a separate agreement entered into pursuant to this
    section of the Compact, as amended.
    Section 132
        The Government of the Republic of the Marshall Islands
    shall permit the Government of the United States to operate
    telecommunications services in the Republic of the Marshall
    Islands to the extent necessary to fulfill the obligations of
    the Government of the United States under this Compact, as
    amended, in accordance with the terms of separate agreements
    entered into pursuant to this section of the Compact, as
    amended.

                                   Article IV

                                  Immigration

    Section 141
        (a) In furtherance of the special and unique relationship
    that exists between the United States and the Republic of the
    Marshall Islands, under the Compact, as amended, 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 (the ``United
    States'') without regard to paragraphs (5) or (7)(B)(i)(II) of
    section 212(a) of the Immigration and Nationality Act, as
    amended, 8 U.S.C. 1182(a)(5) or (7)(B)(i)(II):
              (1) a person who, on October 21, 1986, 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 the Republic of the Marshall Islands;
              (2) a person who acquires the citizenship of the
            Republic of the Marshall Islands at birth, on or after
            the effective date of the Constitution of the Republic
            of the Marshall Islands;
              (3) an immediate relative of a person referred to in
            paragraphs (1) or (2) of this section, provided that
            such immediate relative is a naturalized citizen of the
            Republic of the Marshall Islands who has been an actual
            resident there for not less than five years after
            attaining such naturalization and who holds a
            certificate of actual residence, and further provided,
            that, in the case of a spouse, such spouse has been
            married to the person referred to in paragraph (1) or
            (2) of this section for at least five years, and
            further provided, that the Government of the United
            States is satisfied that such naturalized citizen meets
            the requirement of subsection (b) of section 104 of
            Public Law 99-239 as it was in effect on the day prior
            to the effective date of this Compact, as amended;
              (4) a naturalized citizen of the Republic of the
            Marshall Islands who was an actual resident there for
            not less than five years after attaining such
            naturalization and who satisfied these requirements as
            of April 30, 2003, who continues to be an actual
            resident and holds a certificate of actual residence,
            and whose name is included in a list furnished by the
            Government of the Republic of the Marshall Islands to
            the Government of the United States no later than the
            effective date of the Compact, as amended, in form and
            content acceptable to the Government of the United
            States, provided, that the Government of the United
            States is satisfied that such naturalized citizen meets
            the requirement of subsection (b) of section 104 of
            Public Law 99-239 as it was in effect on the day prior
            to the effective date of this Compact, as amended; or
              (5) an immediate relative of a citizen of the
            Republic of the Marshall Islands, regardless of the
            immediate relative's country of citizenship or period
            of residence in the Republic of the Marshall Islands,
            if the citizen of the Republic of the Marshall Islands
            is serving on active duty in any branch of the United
            States Armed Forces, or in the active reserves.
        (b) Notwithstanding subsection (a) of this section, a
    person who is coming to the United States pursuant to an
    adoption outside the United States, or for the purpose of
    adoption in the United States, is ineligible for admission
    under the Compact and the Compact, as amended. This subsection
    shall apply to any person who is or was an applicant for
    admission to the United States on or after March 1, 2003,
    including any applicant for admission in removal proceedings
    (including appellate proceedings) on or after March 1, 2003,
    regardless of the date such proceedings were commenced. This
    subsection shall have no effect on the ability of the
    Government of the United States or any United States State or
    local government to commence or otherwise take any action
    against any person or entity who has violated any law relating
    to the adoption of any person.
        (c) Notwithstanding subsection (a) of this section, no
    person who has been or is granted citizenship in the Republic
    of the Marshall Islands, or has been or is issued a Republic of
    the Marshall Islands passport pursuant to any investment,
    passport sale, or similar program has been or shall be eligible
    for admission to the United States under the Compact or the
    Compact, as amended.
        (d) A person admitted to the United States under the
    Compact, or the Compact, as amended, shall be considered to
    have the permission of the Government of the United States to
    accept employment in the United States. An unexpired Republic
    of the Marshall Islands passport with unexpired documentation
    issued by the Government of the United States evidencing
    admission under the Compact or the Compact, as amended, shall
    be considered to be documentation establishing identity and
    employment authorization under section 274A(b)(1)(B) of the
    Immigration and Nationality Act, as amended, 8 U.S.C.
    1324a(b)(1)(B). The Government of the United States will take
    reasonable and appropriate steps to implement and publicize
    this provision, and the Government of the Republic of the
    Marshall Islands will also take reasonable and appropriate
    steps to publicize this provision.
        (e) For purposes of the Compact and the Compact, as
    amended:
              (1) the term ``residence'' with respect to a person
            means the person's principal, actual dwelling place in
            fact, without regard to intent, as provided in section
            101(a)(33) of the Immigration and Nationality Act, as
            amended, 8 U.S.C. 1101(a)(33), and variations of the
            term ``residence,'' including ``resident'' and
            ``reside,'' shall be similarly construed;
              (2) the term ``actual residence'' means physical
            presence in the Republic of the Marshall Islands during
            eighty-five percent of the five-year period of
            residency required by section 141(a)(3) and (4);
              (3) the term ``certificate of actual residence''
            means a certificate issued to a naturalized citizen by
            the Government of the Republic of the Marshall Islands
            stating that the citizen has complied with the actual
            residence requirement of section 141(a)(3) or (4);
              (4) the term ``nonimmigrant'' means an alien who is
            not an ``immigrant'' as defined in section 101(a)(15)
            of such Act, 8 U.S.C. 1101(a)(15); and
              (5) the term ``immediate relative'' means a spouse,
            or unmarried son or unmarried daughter less than 21
            years of age.
        (f) The Immigration and Nationality Act, as amended, shall
    apply to any person admitted or seeking admission to the United
    States (other than a United States possession or territory
    where such Act does not apply) under the Compact or the
    Compact, as amended, and nothing in the Compact or the Compact,
    as amended, shall be construed to limit, preclude, or modify
    the applicability of, with respect to such person:
              (1) any ground of inadmissibility or deportability
            under such Act (except sections 212(a)(5) and
            212(a)(7)(B)(i)(II) of such Act, as provided in
            subsection (a) of this section), and any defense
            thereto, provided that, section 237(a)(5) of such Act
            shall be construed and applied as if it reads as
            follows: ``any alien who has been admitted under the
            Compact, or the Compact, as amended, who cannot show
            that he or she has sufficient means of support in the
            United States, is deportable;''
              (2) the authority of the Government of the United
            States under section 214(a)(1) of such Act to provide
            that admission as a nonimmigrant shall be for such time
            and under such conditions as the Government of the
            United States may by regulations prescribe;
              (3) except for the treatment of certain documentation
            for purposes of section 274A(b)(1)(B) of such Act as
            provided by subsection (d) of this section of the
            Compact, as amended, any requirement under section
            274A, including but not limited to section
            274A(b)(1)(E);
              (4) section 643 of the Illegal Immigration Reform and
            Immigrant Responsibility Act of 1996, Public Law 104-
            208, and actions taken pursuant to section 643; and
              (5) the authority of the Government of the United
            States otherwise to administer and enforce the
            Immigration and Nationality Act, as amended, or other
            United States law.
        (g) Any authority possessed by the Government of the United
    States under this section of the Compact or the Compact, as
    amended, may also be exercised by the Government of a territory
    or possession of the United States where the Immigration and
    Nationality Act, as amended, does not apply, to the extent such
    exercise of authority is lawful under a statute or regulation
    of such territory or possession that is authorized by the laws
    of the United States.
        (h) Subsection (a) of this section does not confer on a
    citizen of the Republic of the Marshall Islands the right to
    establish the residence necessary for naturalization under the
    Immigration and Nationality Act, as amended, or to petition for
    benefits for alien relatives under that Act. Subsection (a) of
    this section, however, shall not prevent a citizen of the
    Republic of the Marshall Islands from otherwise acquiring such
    rights or lawful permanent resident alien status in the United
    States.
    Section 142
        (a) Any citizen or national of the United States may be
    admitted to lawfully engage in occupations, and reside in the
    Republic of the Marshall Islands, subject to the rights of the
    Government of the Republic of the Marshall Islands to deny
    entry to or deport any such citizen or national as an
    undesirable alien. Any determination of inadmissibility or
    deportability shall be based on reasonable statutory grounds
    and shall be subject to appropriate administrative and judicial
    review within the Republic of the Marshall Islands. If a
    citizen or national of the United States is a spouse of a
    citizen of the Republic of the Marshall Islands, the Government
    of the Republic of the Marshall Islands shall allow the United
    States citizen spouse to establish residence. Should the
    Republic of the Marshall Islands citizen spouse predecease the
    United States citizen spouse during the marriage, the
    Government of the Republic of the Marshall Islands shall allow
    the United States citizen spouse to continue to reside in the
    Republic of the Marshall Islands.
        (b) In enacting any laws or imposing any requirements with
    respect to citizens and nationals of the United States entering
    the Republic of the Marshall Islands under subsection (a) of
    this section, including any grounds of inadmissibility or
    deportability, the Government of the Republic of the Marshall
    Islands shall accord to such citizens and nationals of the
    United States treatment no less favorable than that accorded to
    citizens of other countries.
        (c) Consistent with subsection (a) of this section, with
    respect to citizens and nationals of the United States seeking
    to engage in employment or invest in the Republic of the
    Marshall Islands, the Government of the Republic of the
    Marshall Islands shall adopt immigration-related procedures no
    less favorable than those adopted by the Government of the
    United States with respect to citizens of the Republic of the
    Marshall Islands seeking employment in the United States.
    Section 143
        Any person who relinquishes, or otherwise loses, his United
    States nationality or citizenship, or his Republic of the
    Marshall Islands citizenship, shall be ineligible to receive
    the privileges set forth in sections 141 and 142. Any such
    person may apply for admission to the United States or the
    Republic of the Marshall Islands, as the case may be, in
    accordance with any other applicable laws of the United States
    or the Republic of the Marshall Islands relating to immigration
    of aliens from other countries. The laws of the Republic of the
    Marshall Islands or the United States, as the case may be,
    shall dictate the terms and conditions of any such person's
    stay.

                                   Article V

                                 Representation

    Section 151
        Relations between the Government of the United States and
    the Government of the Republic of the Marshall Islands shall be
    conducted in accordance with the Vienna Convention on
    Diplomatic Relations. In addition to diplomatic missions and
    representation, the Governments may establish and maintain
    other offices and designate other representatives on terms and
    in locations as may be mutually agreed.
    Section 152
        (a) Any citizen or national of the United States who,
    without authority of the United States, acts as the agent of
    the Government of the Republic of the Marshall Islands with
    regard to matters specified in the provisions of the Foreign
    Agents Registration Act of 1938, as amended (22 U.S.C. 611 et
    seq.), that apply with respect to an agent of a foreign
    principal shall be subject to the requirements of such Act.
    Failure to comply with such requirements shall subject such
    citizen or national to the same penalties and provisions of law
    as apply in the case of the failure of such an agent of a
    foreign principal to comply with such requirements. For
    purposes of the Foreign Agents Registration Act of 1938, the
    Republic of the Marshall Islands shall be considered to be a
    foreign country.
        (b) Subsection (a) of this section shall not apply to a
    citizen or national of the United States employed by the
    Government of the Republic of the Marshall Islands with respect
    to whom the Government of the Republic of the Marshall Islands
    from time to time certifies to the Government of the United
    States that such citizen or national is an employee of the
    Republic of the Marshall Islands whose principal duties are
    other than those matters specified in the Foreign Agents
    Registration Act of 1938, as amended, that apply with respect
    to an agent of a foreign principal. The agency or officer of
    the United States receiving such certifications shall cause
    them to be filed with the Attorney General, who shall maintain
    a publicly available list of the persons so certified.

                                   Article VI

                            Environmental Protection

    Section 161
        The Governments of the United States and the Republic of
    the Marshall Islands declare that it is their policy to promote
    efforts to prevent or eliminate damage to the environment and
    biosphere and to enrich understanding of the natural resources
    of the Republic of the Marshall Islands. In order to carry out
    this policy, the Government of the United States and the
    Government of the Republic of the Marshall Islands agree to the
    following mutual and reciprocal undertakings:
              (a) The Government of the United States:
                      (1) shall, for its activities controlled by
                    the U.S. Army at Kwajalein Atoll and in the
                    Mid-Atoll Corridor and for U.S. Army Kwajalein
                    Atoll activities in the Republic of the
                    Marshall Islands, continue to apply the
                    Environmental Standards and Procedures for
                    United States Army Kwajalein Atoll Activities
                    in the Republic of the Marshall Islands, unless
                    and until those Standards or Procedures are
                    modified by mutual agreement of the Governments
                    of the United States and the Republic of the
                    Marshall Islands;
                      (2) shall apply the National Environmental
                    Policy Act of 1969, 83 Stat. 852, 42 U.S.C.
                    4321 et seq., to its activities under the
                    Compact, as amended, and its related agreements
                    as if the Republic of the Marshall Islands were
                    the United States;
                      (3) in the conduct of any activity not
                    described in section 161(a)(1) requiring the
                    preparation of an Environmental Impact
                    Statement under section 161(a)(2), shall comply
                    with standards substantively similar to those
                    required by the following laws of the United
                    States, taking into account the particular
                    environment of the Republic of the Marshall
                    Islands; the Endangered Species Act of 1973, as
                    amended, 16 U.S.C. 1531 et seq.; the Clean Air
                    Act, as amended, 42 U.S.C. 7401 et seq.; the
                    Clean Water Act (Federal Water Pollution
                    Control Act), as amended, 33 U.S.C. 1251 et
                    seq.; Title I of the Marine Protection,
                    Research and Sanctuaries Act of 1972 (the Ocean
                    Dumping Act), 33 U.S.C. 1411 et seq.; the Toxic
                    Substances Control Act, as amended, 15 U.S.C.
                    2601 et seq.; the Solid Waste Disposal Act, as
                    amended, 42 U.S.C. 6901 et seq.; and such other
                    environmental protection laws of the United
                    States and the Republic of the Marshall Islands
                    as may be agreed from time to time with the
                    Government of the Republic of the Marshall
                    Islands;
                      (4) shall, prior to conducting any activity
                    not described in section 161(a)(1) requiring
                    the preparation of an Environmental Impact
                    Statement under section 161(a)(2), develop, as
                    agreed with the Government of the Republic of
                    the Marshall Islands, written environmental
                    standards and procedures to implement the
                    substantive provisions of the laws made
                    applicable to U.S. Government activities in the
                    Republic of the Marshall Islands, pursuant to
                    section 161(a)(3).
              (b) The Government of the Republic of the Marshall
            Islands shall continue to develop and implement
            standards and procedures to protect its environment. As
            a reciprocal obligation to the undertakings of the
            Government of the United States under this Article, the
            Republic of the Marshall Islands, taking into account
            its particular environment, shall continue to develop
            and implement standards for environmental protection
            substantively similar to those required of the
            Government of the United States by section 161(a)(3)
            prior to its conducting activities in the Republic of
            the Marshall Islands, substantively equivalent to
            activities conducted there by the Government of the
            United States and, as a further reciprocal obligation,
            shall enforce those standards.
              (c) Section 161(a), including any standard or
            procedure applicable thereunder, and section 161(b) may
            be modified or superseded in whole or in part by
            agreement of the Government of the United States and
            the Government of the Republic of the Marshall Islands.
              (d) In the event that an Environmental Impact
            Statement is no longer required under the laws of the
            United States for major Federal actions significantly
            affecting the quality of the human environment, the
            regulatory regime established under sections 161(a)(3)
            and 161(a)(4) shall continue to apply to such
            activities of the Government of the United States until
            amended by mutual agreement.
              (e) The President of the United States may exempt any
            of the activities of the Government of the United
            States under this Compact, as amended, and its related
            agreements from any environmental standard or procedure
            which may be applicable under sections 161(a)(3) and
            161(a)(4) if the President determines it to be in the
            paramount interest of the Government of the United
            States to do so, consistent with Title Three of this
            Compact, as amended, and the obligations of the
            Government of the United States under international
            law. Prior to any decision pursuant to this subsection,
            the views of the Government of the Republic of the
            Marshall Islands shall be sought and considered to the
            extent practicable. If the President grants such an
            exemption, to the extent practicable, a report with his
            reasons for granting such exemption shall be given
            promptly to the Government of the Republic of the
            Marshall Islands.
              (f) The laws of the United States referred to in
            section 161(a)(3) shall apply to the activities of the
            Government of the United States under this Compact, as
            amended, and its related agreements only to the extent
            provided for in this section.
    Section 162
        The Government of the Republic of the Marshall Islands may
    bring an action for judicial review of any administrative
    agency action or any activity of the Government of the United
    States pursuant to section 161(a) for enforcement of the
    obligations of the Government of the United States arising
    thereunder. The United States District Court for the District
    of Hawaii and the United States District Court for the District
    of Columbia shall have jurisdiction over such action or
    activity, and over actions brought under section 172(b) which
    relate to the activities of the Government of the United States
    and its officers and employees, governed by section 161,
    provided that:
              (a) Such actions may only be civil actions for any
            appropriate civil relief other than punitive damages
            against the Government of the United States or, where
            required by law, its officers in their official
            capacity; no criminal actions may arise under this
            section.
              (b) Actions brought pursuant to this section may be
            initiated only by the Government of the Republic of the
            Marshall Islands.
              (c) Administrative agency actions arising under
            section 161 shall be reviewed pursuant to the standard
            of judicial review set forth in 5 U.S.C. 706.
              (d) The United States District Court for the District
            of Hawaii and the United States District Court for the
            District of Columbia shall have jurisdiction to issue
            all necessary processes, and the Government of the
            United States agrees to submit itself to the
            jurisdiction of the court; decisions of the United
            States District Court shall be reviewable in the United
            States Court of Appeals for the Ninth Circuit or the
            United States Court of Appeals for the District of
            Columbia, respectively, or in the United States Supreme
            Court as provided by the laws of the United States.
              (e) The judicial remedy provided for in this section
            shall be the exclusive remedy for the judicial review
            or enforcement of the obligations of the Government of
            the United States under this Article and actions
            brought under section 172(b), which relate to the
            activities of the Government of the United States and
            its officers and employees governed by section 161.
              (f) In actions pursuant to this section, the
            Government of the Republic of the Marshall Islands
            shall be treated as if it were a United States citizen.
    Section 163
        (a) For the purpose of gathering data necessary to study
    the environmental effects of activities of the Government of
    the United States subject to the requirements of this Article,
    the Government of the Republic of the Marshall Islands shall be
    granted access to facilities operated by the Government of the
    United States in the Republic of the Marshall Islands, to the
    extent necessary for this purpose, except to the extent such
    access would unreasonably interfere with the exercise of the
    authority and responsibility of the Government of the United
    States under Title Three.
        (b) The Government of the United States, in turn, shall be
    granted access to the Republic of the Marshall Islands for the
    purpose of gathering data necessary to discharge its
    obligations under this Article, except to the extent such
    access would unreasonably interfere with the exercise of the
    authority and responsibility of the Government of the Republic
    of the Marshall Islands under Title One, and to the extent
    necessary for this purpose shall be granted access to documents
    and other information to the same extent similar access is
    provided the Government of the Republic of the Marshall Islands
    under the Freedom of Information Act, 5 U.S.C. 552.
        (c) The Government of the Republic of the Marshall Islands
    shall not impede efforts by the Government of the United States
    to comply with applicable standards and procedures.

                                  Article VII

                            General Legal Provisions

    Section 171
        Except as provided in this Compact, as amended, or its
    related agreements, the application of the laws of the United
    States to the Trust Territory of the Pacific Islands by virtue
    of the Trusteeship Agreement ceased with respect to the
    Marshall Islands on October 21, 1986, the date the Compact went
    into effect.
    Section 172
        (a) Every citizen of the Republic of the Marshall Islands
    who is not a resident of the United States shall enjoy the
    rights and remedies under the laws of the United States enjoyed
    by any non-resident alien.
        (b) The Government of the Republic of the Marshall Islands
    and every citizen of the Republic of the Marshall Islands shall
    be considered to be a ``person'' within the meaning of the
    Freedom of Information Act, 5 U.S.C. 552, and of the judicial
    review provisions of the Administrative Procedure Act, 5 U.S.C.
    701-706, except that only the Government of the Republic of the
    Marshall Islands may seek judicial review under the
    Administrative Procedure Act or judicial enforcement under the
    Freedom of Information Act when such judicial review or
    enforcement relates to the activities of the Government of the
    United States governed by sections 161 and 162.
    Section 173
        The Governments of the United States and the Republic of
    the Marshall Islands agree to adopt and enforce such measures,
    consistent with this Compact, as amended, and its related
    agreements, as may be necessary to protect the personnel,
    property, installations, services, programs and official
    archives and documents maintained by the Government of the
    United States in the Republic of the Marshall Islands pursuant
    to this Compact, as amended, and its related agreements and by
    the Government of the Republic of the Marshall Islands in the
    United States pursuant to this Compact, Compact, as amended,
    and its related agreements.
    Section 174
        Except as otherwise provided in this Compact, as amended,
    and its related agreements:
              (a) The Government of the Republic of the Marshall
            Islands, and its agencies and officials, shall be
            immune from the jurisdiction of the court of the United
            States, and the Government of the United States, and
            its agencies and officials, shall be immune from the
            jurisdiction of the courts of the Republic of the
            Marshall Islands.
              (b) The Government of the United States accepts
            responsibility for and shall pay:
                      (1) any unpaid money judgment rendered by the
                    High Court of the Trust Territory of the
                    Pacific Islands against the Government of the
                    United States with regard to any cause of
                    action arising as a result of acts or omissions
                    of the Government of the Trust Territory of the
                    Pacific Islands or the Government of the United
                    States prior to October 21, 1986;
                      (2) any claim settled by the claimant and the
                    Government of the Trust Territory of the
                    Pacific Islands but not paid as of October 21,
                    1986; and
                      (3) settlement of any administrative claim or
                    of any action before a court of the Trust
                    Territory of the Pacific Islands or the
                    Government of the United States, arising as a
                    result of acts or omissions of the Government
                    of the Trust Territory of the Pacific Islands
                    or the Government of the United States.
              (c) Any claim not referred to in section 174(b) and
            arising from an act or omission of the Government of
            the Trust Territory of the Pacific Islands or the
            Government of the United States prior to the effective
            date of the Compact shall be adjudicated in the same
            manner as a claim adjudicated according to section
            174(d). In any claim against the Government of the
            Trust Territory of the Pacific Islands, the Government
            of the United States shall stand in the place of the
            Government of the Trust Territory of the Pacific
            Islands. A judgment on any claim referred to in section
            174(b) or this subsection, not otherwise satisfied by
            the Government of the United States, may be presented
            for certification to the United States Court of Appeals
            for the Federal Circuit, or its successor courts, which
            shall have jurisdiction therefore, notwithstanding the
            provisions of 28 U.S.C. 1502, and which court's
            decisions shall be reviewable as provided by the laws
            of the United States. The United States Court of
            Appeals for the Federal Circuit shall certify such
            judgment, and order payment thereof, unless it finds,
            after a hearing, that such judgment is manifestly
            erroneous as to law or fact, or manifestly excessive.
            In either of such cases the United States Court of
            Appeals for the Federal Circuit shall have jurisdiction
            to modify such judgment.
              (d) The Government of the Republic of the Marshall
            Islands shall not be immune from the jurisdiction of
            the courts of the United States, and the Government of
            the United States shall not be immune from the
            jurisdiction of the courts of the Republic of the
            Marshall Islands in any civil case in which an
            exception to foreign state immunity is set forth in the
            Foreign Sovereign Immunities Act (28 U.S.C. 1602 et
            seq.) or its successor statutes.
    Section 175
        (a) A separate agreement, which shall come into effect
    simultaneously with this Compact, as amended, and shall have
    the force of law, shall govern mutual assistance and
    cooperation in law enforcement matters, including the pursuit,
    capture, imprisonment and extradition of fugitives from justice
    and the transfer of prisoners, as well as other law enforcement
    matters. In the United States, the laws of the United States
    governing international extradition, including 18 U.S.C. 3184,
    3186, and 3188-95, shall be applicable to the extradition of
    fugitives under the separate agreement, and the laws of the
    United States governing the transfer of prisoners, including 18
    U.S.C. 4100-15, shall be applicable to the transfer of
    prisoners under the separate agreement; and
        (b) A separate agreement, which shall come into effect
    simultaneously with this Compact, as amended, and shall have
    the force of law, shall govern requirements relating to labor
    recruitment practices, including registration, reporting,
    suspension or revocation of authorization to recruit persons
    for employment in the United States, and enforcement for
    violations of such requirements.
    Section 176
        The Government of the Republic of the Marshall Islands
    confirms that final judgments in civil cases rendered by any
    court of the Trust Territory of the Pacific Islands shall
    continue in full force and effect, subject to the
    constitutional power of the courts of the Republic of the
    Marshall Islands to grant relief from judgments in appropriate
    cases.
    Section 177
        Section 177 of the Compact entered into force with respect
    to the Marshall Islands on October 21, 1986 as follows:
              ``(a) The Government of the United States accepts the
            responsibility for compensation owing to citizens of
            the Marshall Islands, or the Federated States of
            Micronesia, (or Palau) for loss or damage to property
            and person of the citizens of the Marshall Islands, or
            the Federated States of Micronesia, resulting from the
            nuclear testing program which the Government of the
            United States conducted in the Northern Marshall
            Islands between June 30, 1946, and August 18, 1958.
              ``(b) The Government of the United States and the
            Government of the Marshall Islands shall set forth in a
            separate agreement provisions for the just and adequate
            settlement of all such claims which have arisen in
            regard to the Marshall Islands and its citizens and
            which have not as yet been compensated or which in the
            future may arise, for the continued administration by
            the Government of the United States of direct radiation
            related medical surveillance and treatment programs and
            radiological monitoring activities and for such
            additional programs and activities as may be mutually
            agreed, and for the assumption by the Government of the
            Marshall Islands of responsibility for enforcement of
            limitations on the utilization of affected areas
            developed in cooperation with the Government of the
            United States and for the assistance by the Government
            of the United States in the exercise of such
            responsibility as may be mutually agreed. This separate
            agreement shall come into effect simultaneously with
            this Compact and shall remain in effect in accordance
            with its own terms.
              ``(c) The Government of the United States shall
            provide to the Government of the Marshall Islands, on a
            grant basis, the amount of $150 million to be paid and
            distributed in accordance with the separate agreement
            referred to in this Section, and shall provide the
            services and programs set forth in this separate
            agreement, the language of which is incorporated into
            this Compact.''.
    The Compact, as amended, makes no changes to, and has no effect
    upon, Section 177 of the Compact, nor does the Compact, as
    amended, change or affect the separate agreement referred to in
    Section 177 of the Compact including Articles IX and X of that
    separate agreement, and measures taken by the parties
    thereunder.
    Section 178
        (a) The Federal agencies of the Government of the United
    States that provide services and related programs in the
    Republic of the Marshall Islands pursuant to Title Two are
    authorized to settle and pay tort claims arising in the
    Republic of the Marshall Islands from the activities of such
    agencies or from the acts or omissions of the employees of such
    agencies. Except as provided in section 178(b), the provisions
    of 28 U.S.C. 2672 and 31 U.S.C. 1304 shall apply exclusively to
    such administrative settlements and payments.
        (b) Claims under section 178(a) that cannot be settled
    under section 178(a) shall be disposed of exclusively in
    accordance with Article II of Title Four. Arbitration awards
    rendered pursuant to this subsection shall be paid out of funds
    under 31 U.S.C. 1304.
        (c) The Government of the United States and the Government
    of the Republic of the Marshall Islands shall, in the separate
    agreement referred to in section 231, provide for:
              (1) the administrative settlement of claims referred
            to in section 178(a), including designation of local
            agents in each State of the Republic of the Marshall
            Islands; such agents to be empowered to accept,
            investigate and settle such claims, in a timely manner,
            as provided in such separate agreements; and
              (2) arbitration, referred to in section 178(b), in a
            timely manner, at a site convenient to the claimant, in
            the event a claim is not otherwise settled pursuant to
            section 178(a).
        (d) The provisions of section 174(d) shall not apply to
    claims covered by this section.
        (e) Except as otherwise explicitly provided by law of the
    United States, this Compact, as amended, or its related
    agreements, neither the Government of the United States, its
    instrumentalities, nor any person acting on behalf of the
    Government of the United States, shall be named a party in any
    action based on, or arising out of, the activity or activities
    of a recipient of any grant or other assistance provided by the
    Government of the United States (or the activity or activities
    of the recipient's agency or any other person or entity acting
    on behalf of the recipient).
    Section 179
        (a) The courts of the Republic of the Marshall Islands
    shall not exercise criminal jurisdiction over the Government of
    the United States, or its instrumentalities.
        (b) The courts of the Republic of the Marshall Islands
    shall not exercise criminal jurisdiction over any person if the
    Government of the United States provides notification to the
    Government of the Republic of the Marshall Islands that such
    person was acting on behalf of the Government of the United
    States, for actions taken in furtherance of section 221 or 224
    of this amended Compact, or any other provision of law
    authorizing financial, program, or service assistance to the
    Republic of the Marshall Islands.

                                   TITLE TWO

                               ECONOMIC RELATIONS

                                   Article I

                                Grant Assistance

    Section 211 - Annual Grant Assistance
        (a) In order to assist the Government of the Republic of
    the Marshall Islands in its efforts to promote the economic
    advancement and budgetary self-reliance of its people, and in
    recognition of the special relationship that exists between the
    Republic of the Marshall Islands and the United States, the
    Government of the United States shall provide assistance on a
    grant basis for a period of twenty years in the amounts set
    forth in section 217, commencing on the effective date of this
    Compact, as amended. Such grants shall be used for assistance
    in education, health care, the environment, public sector
    capacity building, and private sector development, or for other
    areas as mutually agreed, with priorities in the education and
    health care sectors. Consistent with the medium-term budget and
    investment framework described in subsection (f) of this
    section, the proposed division of this amount among the
    identified areas shall require the concurrence of both the
    Government of the United States and the Government of the
    Republic of the Marshall Islands, through the Joint Economic
    Management and Financial Accountability Committee described in
    section 214. The Government of the United States shall disburse
    the grant assistance and monitor the use of such grant
    assistance in accordance with the provisions of this Article
    and an Agreement Concerning Procedures for the Implementation
    of United States Economic Assistance Provided in the Compact,
    as Amended, of Free Association Between the Government of the
    United States of America and the Government of the Republic of
    the Marshall Islands (``Fiscal Procedures Agreement'') which
    shall come into effect simultaneously with this Compact, as
    amended.
              (1) Education.--United States grant assistance shall
            be made available in accordance with the strategic
            framework described in subsection (f) of this section
            to support and improve the educational system of the
            Republic of the Marshall Islands and develop the human,
            financial, and material resources necessary for the
            Republic of the Marshall Islands to perform these
            services. Emphasis should be placed on advancing a
            quality basic education system.
              (2) Health.--United States grant assistance shall be
            made available in accordance with the strategic
            framework described in subsection (f) of this section
            to support and improve the delivery of preventive,
            curative and environmental care and develop the human,
            financial, and material resources necessary for the
            Republic of the Marshall Islands to perform these
            services.
              (3) Private sector development.--United States grant
            assistance shall be made available in accordance with
            the strategic framework described in subsection (f) of
            this section to support the efforts of the Republic of
            the Marshall Islands to attract foreign investment and
            increase indigenous business activity by vitalizing the
            commercial environment, ensuring fair and equitable
            application of the law, promoting adherence to core
            labor standards, maintaining progress toward
            privatization of state-owned and partially state-owned
            enterprises, and engaging in other reforms.
              (4) Capacity building in the public sector.--United
            States grant assistance shall be made available in
            accordance with the strategic framework described in
            subsection (f) of this section to support the efforts
            of the Republic of the Marshall Islands to build
            effective, accountable and transparent national and
            local government and other public sector institutions
            and systems.
              (5) Environment.--United States grant assistance
            shall be made available in accordance with the
            strategic framework described in subsection (f) of this
            section to increase environmental protection; establish
            and manage conservation areas; engage in environmental
            infrastructure planning, design construction and
            operation; and to involve the citizens of the Republic
            of the Marshall Islands in the process of conserving
            their country's natural resources.
        (b) Kwajalein Atoll.--
              (1) Of the total grant assistance made available
            under subsection (a) of this section, the amount
            specified herein shall be allocated annually from
            fiscal year 2004 through fiscal year 2023 (and
            thereafter in accordance with the Agreement between the
            Government of the United States and the Government of
            the Republic of the Marshall Islands Regarding Military
            Use and Operating Rights) to advance the objectives and
            specific priorities set forth in subsections (a) and
            (d) of this section and the Fiscal Procedures
            Agreement, to address the special needs of the
            community at Ebeye, Kwajalein Atoll and other
            Marshallese communities within Kwajalein Atoll. This
            United States grant assistance shall be made available,
            in accordance with the medium-term budget and
            investment framework described in subsection (f) of
            this section, to support and improve the infrastructure
            and delivery of services and develop the human and
            material resources necessary for the Republic of the
            Marshall Islands to carry out its responsibility to
            maintain such infrastructure and deliver such services.
            The amount of this assistance shall be $3,100,000, with
            an inflation adjustment as provided in section 218,
            from fiscal year 2004 through fiscal year 2013 and the
            fiscal year 2013 level of funding, with an inflation
            adjustment as provided in section 218, will be
            increased by $2 million for fiscal year 2014. The
            fiscal year 2014 level of funding, with an inflation
            adjustment as provided in section 218, will be made
            available from fiscal year 2015 through fiscal year
            2023 (and thereafter as noted above).
              (2) The Government of the United States shall also
            provide to the Government of the Republic of the
            Marshall Islands, in conjunction with section 321(a) of
            this Compact, as amended, an annual payment from fiscal
            year 2004 through fiscal year 2023 (and thereafter in
            accordance with the Agreement between the Government of
            the United States and the Government of the Republic of
            the Marshall Islands Regarding Military Use and
            Operating Rights) of $1.9 million. This grant
            assistance will be subject to the Fiscal Procedures
            Agreement and will be adjusted for inflation under
            section 218 and used to address the special needs of
            the community at Ebeye, Kwajalein Atoll and other
            Marshallese communities within Kwajalein Atoll with
            emphasis on the Kwajalein landowners, as described in
            the Fiscal Procedures Agreement.
              (3) Of the total grant assistance made available
            under subsection (a) of this section, and in
            conjunction with section 321(a) of the Compact, as
            amended, $200,000, with an inflation adjustment as
            provided in section 218, shall be allocated annually
            from fiscal year 2004 through fiscal year 2023 (and
            thereafter as provided in the Agreement between the
            Government of the United States and the Government of
            the Republic of the Marshall Islands Regarding Military
            Use and Operating Rights) for a grant to support
            increased participation of the Government of the
            Republic of the Marshall Islands Environmental
            Protection Authority in the annual U.S. Army Kwajalein
            Atoll Environmental Standards Survey and to promote a
            greater Government of the Republic of the Marshall
            Islands capacity for independent analysis of the
            Survey's findings and conclusions.
        (c) Humanitarian Assistance--Republic of the Marshall
    Islands Program.--In recognition of the special development
    needs of the Republic of the Marshall Islands, the Government
    of the United States shall make available to the Government of
    the Republic of the Marshall Islands, on its request and to be
    deducted from the grant amount made available under subsection
    (a) of this section, a Humanitarian Assistance--Republic of the
    Marshall Islands (``HARMI'') Program with emphasis on health,
    education, and infrastructure (including transportation),
    projects and such other projects as mutually agreed. The terms
    and conditions of the HARMI shall be set forth in the 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, which shall come into
    effect simultaneously with the amendments to this Compact.
        (d) Public Infrastructure.--
              (1) Unless otherwise agreed, not less than 30 percent
            and not more than 50 percent of U.S. annual grant
            assistance provided under this section shall be made
            available in accordance with a list of specific
            projects included in the infrastructure improvement and
            maintenance plan prepared by the Government of the
            Republic of the Marshall Islands as part of the
            strategic framework described in subsection (f) of this
            section.
              (2) Infrastructure maintenance fund.--Five percent of
            the annual public infrastructure grant made available
            under paragraph (1) of this subsection shall be set
            aside, with an equal contribution from the Government
            of the Republic of the Marshall Islands, as a
            contribution to an Infrastructure Maintenance Fund.
            Administration of the Infrastructure Maintenance Fund
            shall be governed by the Fiscal Procedures Agreement.
        (e) Disaster Assistance Emergency Fund.--Of the total grant
    assistance made available under subsection (a) of this section,
    an amount of two hundred thousand dollars ($200,000) shall be
    provided annually, with an equal contribution from the
    Government of the Republic of the Marshall Islands, as a
    contribution to a Disaster Assistance Emergency Fund
    (``DAEF''). Any funds from the DAEF may be used only for
    assistance and rehabilitation resulting from disasters and
    emergencies. The funds will be accessed upon declaration of a
    State of Emergency by the Government of the Republic of the
    Marshall Islands, with the concurrence of the United States
    Chief of Mission to the Republic of the Marshall Islands.
    Administration of the DAEF shall be governed by the Fiscal
    Procedures Agreement.
        (f) Budget and Investment Framework.--The Government of the
    Republic of the Marshall Islands shall prepare and maintain an
    official medium-term budget and investment framework. The
    framework shall be strategic in nature, shall be continuously
    reviewed and updated through the annual budget process, and
    shall make projections on a multi-year rolling basis. Each of
    the sectors and areas named in subsections (a), (b), and (d) of
    this section, or other sectors and areas as mutually agreed,
    shall be accorded specific treatment in the framework. Those
    portions of the framework that contemplate the use of United
    States grant funds shall require the concurrence of both the
    Government of the United States and the Government of the
    Republic of the Marshall Islands.
    Section 212 - Kwajalein Impact and Use
        The Government of the United States shall provide to the
    Government of the Republic of the Marshall Islands in
    conjunction with section 321(a) of the Compact, as amended, and
    the agreement between the Government of the United States and
    the Government of the Republic of the Marshall Islands
    regarding military use and operating rights, a payment in
    fiscal year 2004 of $15,000,000, with no adjustment for
    inflation. In fiscal year 2005 and through fiscal year 2013,
    the annual payment will be the fiscal year 2004 amount
    ($15,000,000) with an inflation adjustment as provided under
    section 218. In fiscal year 2014, the annual payment will be
    $18,000,000 (with no adjustment for inflation) or the fiscal
    year 2013 amount with an inflation adjustment under section
    218, whichever is greater. For fiscal year 2015 through fiscal
    year 2023 (and thereafter in accordance with the Agreement
    between the Government of the United States and the Government
    of the Republic of the Marshall Islands Regarding Military Use
    and Operating Rights) the annual payment will be the fiscal
    year 2014 amount, with an inflation adjustment as provided
    under section 218.
    Section 213 - Accountability
        (a) Regulations and policies normally applicable to United
    States financial assistance to its state and local governments,
    as set forth in the Fiscal Procedures Agreement, shall apply to
    each grant described in section 211, and to grants administered
    under section 221 below, except as modified in the separate
    agreements referred to in section 231 of this Compact, as
    amended, or by U.S. law. As set forth in the Fiscal Procedures
    Agreement, reasonable terms and conditions, including annual
    performance indicators that are necessary to ensure effective
    use of United States assistance and reasonable progress toward
    achieving program objectives may be attached. In addition, the
    United States may seek appropriate remedies for noncompliance
    with the terms and conditions attached to the assistance, or
    for failure to comply with section 234, including withholding
    assistance.
        (b) The Government of the United States shall, for each
    fiscal year of the twenty years during which assistance is to
    be provided on a sector grant basis under section 211 (a),
    grant the Government of the Republic of the Marshall Islands an
    amount equal to the lesser of (i) one half of the reasonable,
    properly documented cost incurred during such fiscal year to
    conduct the annual audit required under Article VIII (2) of the
    Fiscal Procedures Agreement or (ii) $500,000. Such amount will
    not be adjusted for inflation under section 218 or otherwise.
    Section 214 - Joint Economic Management and Financial
    Accountability Committee
        The Governments of the United States and the Republic of
    the Marshall Islands shall establish a Joint Economic
    Management and Financial Accountability Committee, composed of
    a U.S. chair, two other members from the Government of the
    United States and two members from the Government of the
    Republic of the Marshall Islands. The Joint Economic Management
    and Financial Accountability Committee shall meet at least once
    each year to review the audits and reports required under this
    Title and the Fiscal Procedures Agreement, evaluate the
    progress made by the Republic of the Marshall Islands in
    meeting the objectives identified in its framework described in
    subsection (f) of section 211, with particular focus on those
    parts of the framework dealing with the sectors and areas
    identified in subsection (a) of section 211, identify problems
    encountered, and recommend ways to increase the effectiveness
    of U.S. assistance made available under this Title. The
    establishment and operations of the Joint Economic Management
    and Financial Accountability Committee shall be governed by the
    Fiscal Procedures Agreement.
    Section 215 - Annual Report
        The Government of the Republic of the Marshall Islands
    shall report annually to the President of the United States on
    the use of United States sector grant assistance and other
    assistance and progress in meeting mutually agreed program and
    economic goals. The Joint Economic Management and Financial
    Accountability Committee shall review and comment on the report
    and make appropriate recommendations based thereon.
    Section 216 - Trust Fund
        (a) The United States shall contribute annually for twenty
    years from the effective date of the Compact, as amended, in
    the amounts set forth in section 217 into a trust fund
    established in accordance with the Agreement Between the
    Government of the United States of America and the Government
    of the Republic of the Marshall Islands Implementing Section
    216 and Section 217 of the Compact, as Amended, Regarding a
    Trust Fund (``Trust Fund Agreement''), which shall come into
    effect simultaneously with this Compact, as amended. Upon
    termination of the annual grant assistance under section 211
    (a), (d) and (e), the earnings of the fund shall thereafter be
    used for the purposes described in section 211 or as otherwise
    mutually agreed.
        (b) The United States contribution into the Trust Fund
    described in subsection (a) of this section is conditioned on
    the Government of the Republic of the Marshall Islands
    contributing to the Trust Fund at least $25,000,000, on the
    effective date of the Trust Fund Agreement or on October 1,
    2003, whichever is later, $2,500,000 prior to October 1, 2004,
    and $2,500,000 prior to October 1, 2005. Any funds received by
    the Republic of the Marshall Islands under section 111(d) of
    Public Law 99-239 (January 14, 1986), or successor provisions,
    would be contributed to the Trust Fund as a Republic of the
    Marshall Islands' contribution.
        (c) The terms regarding the investment and management of
    funds and use of the income of the Trust Fund shall be governed
    by the Trust Fund Agreement. Funds derived from United States
    investment shall not be subject to Federal or state taxes in
    the United States or any taxes in the Republic of the Marshall
    Islands. The Trust Fund Agreement shall also provide for annual
    reports to the Government of the United States and to the
    Government of the Republic of the Marshall Islands. The Trust
    Fund Agreement shall provide for appropriate distributions of
    trust fund proceeds to the Republic of the Marshall Islands and
    for appropriate remedies for the failure of the Republic of the
    Marshall Islands to use income of the Trust Fund for the annual
    grant purposes set forth in section 211. These remedies may
    include the return to the United States of the present market
    value of its contributions to the Trust Fund and the present
    market value of any undistributed income on the contributions
    of the United States. If this Compact, as amended, is
    terminated, the provisions of sections 451-453 of the Compact,
    as amended, and the Trust Fund Agreement shall govern treatment
    of any U.S. contributions to the Trust Fund or accrued income
    thereon.
    Section 217 - Annual Grant Funding and Trust Fund Contributions
        The funds described in sections 211, 212, 213(b), and 216
    shall be made available as follows:

                                                [In millions of dollars]
    ----------------------------------------------------------------------------------------------------------------
                                                                             Trust Fund       Kwajalein
                Fiscal year               Annual Grants     Audit Grant     Section 216     Impact Section    Total
                                           Section 211    Section 213(b)       (a&c)             212
    ----------------------------------------------------------------------------------------------------------------
    2004...............................       35.2              .5               7               15.0         57.7
    2005...............................       34.7              .5              7.5              15.0         57.7
    2006...............................       34.2              .5               8               15.0         57.7
    2007...............................       33.7              .5              8.5              15.0         57.7
    2008...............................       33.2              .5               9               15.0         57.7
    2009...............................       32.7              .5              9.5              15.0         57.7
    2010...............................       32.2              .5               10              15.0         57.7
    2011...............................       31.7              .5              10.5             15.0         57.7
    2012...............................       31.2              .5               11              15.0         57.7
    2013...............................       30.7              .5              11.5             15.0         57.7
    2014...............................       32.2              .5               12              18.0         62.7
    2015...............................       31.7              .5              12.5             18.0         62.7
    2016...............................       31.2              .5               13              18.0         62.7
    2017...............................       30.7              .5              13.5             18.0         62.7
    2018...............................       30.2              .5               14              18.0         62.7
    2019...............................       29.7              .5              14.5             18.0         62.7
    2020...............................       29.2              .5               15              18.0         62.7
    2021...............................       28.7              .5              15.5             18.0         62.7
    2022...............................       28.2              .5               16              18.0         62.7
    2023...............................       27.7              .5              16.5             18.0         62.7
    ----------------------------------------------------------------------------------------------------------------

    Section 218 - Inflation Adjustment
        Except as otherwise provided, the amounts stated in this
    Title shall be adjusted for each United States Fiscal Year by
    the percent that equals two-thirds of the percent change in the
    United States Gross Domestic Product Implicit Price Deflator,
    or 5 percent, whichever is less in any one year, using the
    beginning of Fiscal Year 2004 as a base.
    Section 219 - Carry-Over of Unused Funds
        If in any year the funds made available by the Government
    of the United States for that year pursuant to this Article are
    not completely obligated by the Government of the Republic of
    the Marshall Islands, the unobligated balances shall remain
    available in addition to the funds to be provided in subsequent
    years.

                                   Article II

                        Services and Program Assistance

    Section 221
        (a) Services.--The Government of the United States shall
    make available to the Republic of the Marshall Islands, in
    accordance with and to the extent provided in the Federal
    Programs and Services Agreement referred to in Section 231, the
    services and related programs of:
              (1) the United States Weather Service;
              (2) the United States Postal Service;
              (3) the United States Federal Aviation
            Administration;
              (4) the United States Department of Transportation;
            and
              (5) the Department of Homeland Security, and the
            United States Agency for International Development,
            Office of Foreign Disaster Assistance.
    Upon the effective date of this Compact, as amended, the United
    States Departments and Agencies named or having responsibility
    to provide these services and related programs shall have the
    authority to implement the relevant provisions of the Federal
    Programs and Services Agreement referred to in section 231.
        (b) Programs.--
              (1) Other than the services and programs covered by
            subsection (a) of this section, and to the extent
            authorized by the Congress of the United States, the
            Government of the United States shall make available to
            the Republic of the Marshall Islands the services and
            programs that were available to the Republic of the
            Marshall Islands on the effective date of this Compact,
            as amended, to the extent that such services and
            programs continue to be available to State and local
            governments of the United States. As set forth in the
            Fiscal Procedures Agreement, funds provided under
            subsection (a) of section 211 shall be considered to be
            local revenues of the Government of the Republic of the
            Marshall Islands when used as the local share required
            to obtain Federal programs and services.
              (2) Unless provided otherwise by U.S. law, the
            services and programs described in paragraph (1) of
            this subsection shall be extended in accordance with
            the terms of the Federal Programs and Services
            Agreement.
        (c) The Government of the United States shall have and
    exercise such authority as is necessary to carry out its
    responsibilities under this Title and the Federal Programs and
    Services Agreement, including the authority to monitor and
    administer all service and program assistance provided by the
    United States to the Republic of the Marshall Islands. The
    Federal Programs and Services Agreement shall also set forth
    the extent to which services and programs shall be provided to
    the Republic of the Marshall Islands.
        (d) Except as provided elsewhere in this Compact, as
    amended, under any separate agreement entered into under this
    Compact, as amended, or otherwise under U.S. law, all Federal
    domestic programs extended to or operating in the Republic of
    the Marshall Islands shall be subject to all applicable
    criteria, standards, reporting requirements, auditing
    procedures, and other rules and regulations applicable to such
    programs and services when operating in the United States.
        (e) The Government of the United States shall make
    available to the Republic of the Marshall Islands alternate
    energy development projects, studies, and conservation measures
    to the extent provided for the Freely Associated States in the
    laws of the United States.
    Section 222
        The Government of the United States and the Government of
    the Republic of the Marshall Islands may agree from time to
    time to extend to the Republic of the Marshall Islands
    additional United States grant assistance, services and
    programs, as provided under the laws of the United States.
    Unless inconsistent with such laws, or otherwise specifically
    precluded by the Government of the United States at the time
    such additional grant assistance, services, or programs are
    extended, the Federal Programs and Services Agreement shall
    apply to any such assistance, services or programs.
    Section 223
        The Government of the Republic of the Marshall Islands
    shall make available to the Government of the United States at
    no cost such land as may be necessary for the operations of the
    services and programs provided pursuant to this Article, and
    such facilities as are provided by the Government of the
    Republic of the Marshall Islands at no cost to the Government
    of the United States as of the effective date of this Compact,
    as amended, or as may be mutually agreed thereafter.
    Section 224
        The Government of the Republic of the Marshall Islands may
    request, from the time to time, technical assistance from the
    Federal agencies and institutions of the Government of the
    United States, which are authorized to grant such technical
    assistance in accordance with its laws. If technical assistance
    is granted pursuant to such a request, the Government of the
    United States shall provide the technical assistance in a
    manner which gives priority consideration to the Republic of
    the Marshall Islands over other recipients not a part of the
    United States, its territories or possessions, and equivalent
    consideration to the Republic of the Marshall Islands with
    respect to other states in Free Association with the United
    States. Such assistance shall be made available on a
    reimbursable or non-reimbursable basis to the extent provided
    by United States law.

                                  Article III

                           Administrative Provisions

    Section 231
        The specific nature, extent and contractual arrangements of
    the services and programs provided for in section 221 of this
    Compact, as amended, as well as the legal status of agencies of
    the Government of the United States, their civilian employees
    and contractors, and the dependents of such personnel while
    present in the Republic of the Marshall Islands, and other
    arrangements in connection with the assistance, services, or
    programs furnished by the Government of the United States, are
    set forth in a Federal Programs and Services Agreement which
    shall come into effect simultaneously with this Compact, as
    amended.
    Section 232
        The Government of the United States, in consultation with
    the Government of the Republic of the Marshall Islands, shall
    determine and implement procedures for the periodic audit of
    all grants and other assistance made under Article I of this
    Title and of all funds expended for the services and programs
    provided under Article II of this Title. Further, in accordance
    with the Fiscal Procedures Agreement described in subsection
    (a) of section 211, the Comptroller General of the United
    States shall have such powers and authorities as described in
    sections 103(m) and 110(c) of Public Law 99-239, 99 Stat. 1777-
    78, and 99 Stat. 1799 (January 14, 1986).
    Section 233
        Approval of this Compact, as amended, by the Government of
    the United States, in accordance with its constitutional
    processes, shall constitute a pledge by the United States that
    the sums and amounts specified as grants in section 211 of this
    Compact, as amended, shall be appropriated and paid to the
    Republic of the Marshall Islands for such period as those
    provisions of this Compact, as amended, remain in force,
    provided that the Republic of the Marshall Islands complies
    with the terms and conditions of this Title and related
    subsidiary agreements.
    Section 234
        The Government of the Republic of the Marshall Islands
    pledges to cooperate with, permit, and assist if reasonably
    requested, designated and authorized representatives of the
    Government of the United States charged with investigating
    whether Compact funds, or any other assistance authorized under
    this Compact, as amended, have, or are being, used for purposes
    other than those set forth in this Compact, as amended, or its
    subsidiary agreements. In carrying out this investigative
    authority, such United States Government representatives may
    request that the Government of the Republic of the Marshall
    Islands subpoena documents and records and compel testimony in
    accordance with the laws and Constitution of the Republic of
    the Marshall Islands. Such assistance by the Government of the
    Republic of the Marshall Islands to the Government of the
    United States shall not be unreasonably withheld. The
    obligation of the Government of the Marshall Islands to fulfill
    its pledge herein is a condition to its receiving payment of
    such funds or other assistance authorized under this Compact,
    as amended. The Government of the United States shall pay any
    reasonable costs for extraordinary services executed by the
    Government of the Marshall Islands in carrying out the
    provisions of this section.

                                   Article IV

                                     Trade

    Section 241
        The Republic of the Marshall Islands is not included in the
    customs territory of the United States.
    Section 242
        The President shall proclaim the following tariff treatment
    for articles imported from the Republic of the Marshall Islands
    which shall apply during the period of effectiveness of this
    title:
              (a) Unless otherwise excluded, articles imported from
            the Republic of the Marshall Islands, subject to the
            limitations imposed under section 503(b) of title V of
            the Trade Act of 1974 (19 U.S.C. 2463(b)), shall be
            exempt from duty.
              (b) Only tuna in airtight containers provided for in
            heading 1604.14.22 of the Harmonized Tariff Schedule of
            the United States that is imported from the Republic of
            the Marshall Islands and the Federated States of
            Micronesia during any calendar year not to exceed 10
            percent of apparent United States consumption of tuna
            in airtight containers during the immediately preceding
            calendar year, as reported by the National Marine
            Fisheries Service, shall be exempt from duty; but the
            quantity of tuna given duty-free treatment under this
            paragraph for any calendar year shall be counted
            against the aggregated quantity of tuna in airtight
            containers that is dutiable under rate column numbered
            1 of such heading 1604.14.22 for that calendar year.
              (c) The duty-free treatment provided under subsection
            (a) shall not apply to:
                      (1) watches, clocks, and timing apparatus
                    provided for in Chapter 91, excluding heading
                    9113, of the Harmonized Tariff Schedule of the
                    United States;
                      (2) buttons (whether finished or not
                    finished) provided for in items 9606.21.40 and
                    9606.29.20 of such Schedule;
                      (3) textile and apparel articles which are
                    subject to textile agreements; and
                      (4) footwear, handbags, luggage, flat goods,
                    work gloves, and leather wearing apparel which
                    were not eligible articles for purposes of
                    title V of the Trade Act of 1974 (19 U.S.C.
                    2461, et seq.) on April 1, 1984.
              (d) If the cost or value of materials produced in the
            customs territory of the United States is included with
            respect to an eligible article which is a product of
            the Republic of the Marshall Islands, an amount not to
            exceed 15 percent of the appraised value of the article
            at the time it is entered that is attributable to such
            United States cost or value may be applied for duty
            assessment purposes toward determining the percentage
            referred to in section 503(a)(2) of title V of the
            Trade Act of 1974.
    Section 243
        Articles imported from the Republic of the Marshall Islands
    which are not exempt from duty under subsections (a), (b), (c),
    and (d) of section 242 shall be subject to the rates of duty
    set forth in column numbered 1-general of the Harmonized Tariff
    Schedule of the United States (HTSUS).
    Section 244
        (a) All products of the United States imported into the
    Republic of the Marshall Islands shall receive treatment no
    less favorable than that accorded like products of any foreign
    country with respect to customs duties or charges of a similar
    nature and with respect to laws and regulations relating to
    importation, exportation, taxation, sale, distribution, storage
    or use.
        (b) The provisions of subsection (a) shall not apply to
    advantages accorded by the Republic of the Marshall Islands by
    virtue of their full membership in the Pacific Island Countries
    Trade Agreement (PICTA), done on August 18, 2001, to those
    governments listed in Article 26 of PICTA, as of the date the
    Compact, as amended, is signed.
        (c) Prior to entering into consultations on, or concluding,
    a free trade agreement with governments not listed in Article
    26 of PICTA, the Republic of the Marshall Islands shall consult
    with the United States regarding whether or how subsection (a)
    of section 244 shall be applied.

                                   Article V

                              Finance and Taxation

    Section 251
        The currency of the United States is the official
    circulating legal tender of the Republic of the Marshall
    Islands. Should the Government of the Republic of the Marshall
    Islands act to institute another currency, the terms of an
    appropriate currency transitional period shall be as agreed
    with the Government of the United States.
    Section 252
        The Government of the Republic of the Marshall Islands may,
    with respect to United States persons, tax income derived from
    sources within its respective jurisdiction, property situated
    therein, including transfers of such property by gift or at
    death, and products consumed therein, in such manner as the
    Government of the Republic of the Marshall Islands deems
    appropriate. The determination of the source of any income, or
    the situs of any property, shall for purposes of this Compact,
    as amended, be made according to the United States Internal
    Revenue Code.
    Section 253
        A citizen of the Republic of the Marshall Islands,
    domiciled therein, shall be exempt from estate, gift, and
    generation-skipping transfer taxes imposed by the Government of
    the United States, provided that such citizen of the Republic
    of the Marshall Islands is neither a citizen nor a resident of
    the United States.
    Section 254
        (a) In determining any income tax imposed by the Government
    of the Republic of the Marshall Islands, the Government of the
    Republic of the Marshall Islands shall have authority to impose
    tax upon income derived by a resident of the Republic of the
    Marshall Islands from sources without the Republic of the
    Marshall Islands, in the same manner and to the same extent as
    the Government of the Republic of the Marshall Islands imposes
    tax upon income derived from within its own jurisdiction. If
    the Government of the Republic of the Marshall Islands
    exercises such authority as provided in this subsection, any
    individual resident of the Republic of the Marshall Islands who
    is subject to tax by the Government of the United States on
    income which is also taxed by the Government of the Republic of
    the Marshall Islands shall be relieved of liability to the
    Government of the United States for the tax which, but for this
    subsection, would otherwise be imposed by the Government of the
    United States on such income. However, the relief from
    liability to the United States Government referred to in the
    preceding sentence means only relief in the form of the foreign
    tax credit (or deduction in lieu thereof) available with
    respect to the income taxes of a possession of the United
    States, and relief in the form of the exclusion under section
    911 of the Internal Revenue Code of 1986. For purposes of this
    section, the term ``resident of the Republic of the Marshall
    Islands'' shall be deemed to include any person who was
    physically present in the Republic of the Marshall Islands for
    a period of 183 or more days during any taxable year.
        (b) If the Government of the Republic of the Marshall
    Islands subjects income to taxation substantially similar to
    that which was imposed by the Trust Territory Code in effect on
    January 1, 1980, such Government shall be deemed to have
    exercised the authority described in section 254(a).
    Section 255
        For purposes of section 274(h)(3)(A) of the U.S. Internal
    Revenue Code of 1986, the term ``North American Area'' shall
    include the Republic of the Marshall Islands.

                                  TITLE THREE

                         SECURITY AND DEFENSE RELATIONS

                                   Article I

                          Authority and Responsibility

    Section 311
        (a) The Government of the United States has full authority
    and responsibility for security and defense matters in or
    relating to the Republic of the Marshall Islands.
        (b) This authority and responsibility includes:
              (1) the obligation to defend the Republic of the
            Marshall Islands and its people from attack or threats
            thereof as the United States and its citizens are
            defended;
              (2) the option to foreclose access to or use of the
            Republic of the Marshall Islands by military personnel
            or for the military purposes of any third country; and
              (3) the option to establish and use military areas
            and facilities in the Republic of the Marshall Islands,
            subject to the terms of the separate agreements
            referred to in sections 321 and 323.
        (c) The Government of the United States confirms that it
    shall act in accordance with the principles of international
    law and the Charter of the United Nations in the exercise of
    this authority and responsibility.
    Section 312
        Subject to the terms of any agreements negotiated in
    accordance with sections 321 and 323, the Government of the
    United States may conduct within the lands, waters and airspace
    of the Republic of the Marshall Islands the activities and
    operations necessary for the exercise of its authority and
    responsibility under this Title.
    Section 313
        (a) The Government of the Republic of the Marshall Islands
    shall refrain from actions that the Government of the United
    States determines, after appropriate consultation with that
    Government, to be incompatible with its authority and
    responsibility for security and defense matters in or relating
    to the Republic of the Marshall Islands.
        (b) The consultations referred to in this section shall be
    conducted expeditiously at senior levels of the two
    Governments, and the subsequent determination by the Government
    of the United States referred to in this section shall be made
    only at senior interagency levels of the Government of the
    United States.
        (c) The Government of the Republic of the Marshall Islands
    shall be afforded, on an expeditious basis, an opportunity to
    raise its concerns with the United States Secretary of State
    personally and the United States Secretary of Defense
    personally regarding any determination made in accordance with
    this section.
    Section 314
        (a) Unless otherwise agreed, the Government of the United
    States shall not, in the Republic of the Marshall Islands:
              (1) test by detonation or dispose of any nuclear
            weapon, nor test, dispose of, or discharge any toxic
            chemical or biological weapon; or
              (2) test, dispose of, or discharge any other
            radioactive, toxic chemical or biological materials in
            an amount or manner that would be hazardous to public
            health or safety.
        (b) Unless otherwise agreed, other than for transit or
    overflight purposes or during time of a national emergency
    declared by the President of the United States, a state of war
    declared by the Congress of the United States or as necessary
    to defend against an actual or impending armed attack on the
    United States, the Republic of the Marshall Islands or the
    Federated States of Micronesia, the Government of the United
    States shall not store in the Republic of the Marshall Islands
    or the Federated States of Micronesia any toxic chemical
    weapon, nor any radioactive materials nor any toxic chemical
    materials intended for weapons use.
        (c) Radioactive, toxic chemical, or biological materials
    not intended for weapons use shall not be affected by section
    314(b).
        (d) No material or substance referred to in this section
    shall be stored in the Republic of the Marshall Islands except
    in an amount and manner which would not be hazardous to public
    health or safety. In determining what shall be an amount or
    manner which would be hazardous to public health or safety
    under this section, the Government of the United States shall
    comply with any applicable mutual agreement, international
    guidelines accepted by the Government of the United States, and
    the laws of the United States and their implementing
    regulations.
        (e) Any exercise of the exemption authority set forth in
    section 161(e) shall have no effect on the obligations of the
    Government of the United States under this section or on the
    application of this subsection.
        (f) The provisions of this section shall apply in the areas
    in which the Government of the Republic of the Marshall Islands
    exercises jurisdiction over the living resources of the seabed,
    subsoil or water column adjacent to its coasts.
    Section 315
        The Government of the United States may invite members of
    the armed forces of other countries to use military areas and
    facilities in the Republic of the Marshall Islands, in
    conjunction with and under the control of United States Armed
    Forces. Use by units of the armed forces of other countries of
    such military areas and facilities, other than for transit and
    overflight purposes, shall be subject to consultation with and,
    in the case of major units, approval of the Government of the
    Republic of the Marshall Islands.
    Section 316
        The authority and responsibility of the Government of the
    United States under this Title may not be transferred or
    otherwise assigned.

                                   Article II

                    Defense Facilities and Operating Rights

    Section 321
        (a) Specific arrangements for the establishment and use by
    the Government of the United States of military areas and
    facilities in the Republic of the Marshall Islands are set
    forth in separate agreements, which shall remain in effect in
    accordance with the terms of such agreements.
        (b) If, in the exercise of its authority and responsibility
    under this Title, the Government of the United States requires
    the use of areas within the Republic of the Marshall Islands in
    addition to those for which specific arrangements are concluded
    pursuant to section 321(a), it may request the Government of
    the Republic of the Marshall Islands to satisfy those
    requirements through leases or other arrangements. The
    Government of the Republic of the Marshall Islands shall
    sympathetically consider any such request and shall establish
    suitable procedures to discuss it with and provide a prompt
    response to the Government of the United States.
        (c) The Government of the United States recognizes and
    respects the scarcity and special importance of land in the
    Republic of the Marshall Islands. In making any requests
    pursuant to section 321(b), the Government of the United States
    shall follow the policy of requesting the minimum area
    necessary to accomplish the required security and defense
    purpose, of requesting only the minimum interest in real
    property necessary to support such purpose, and of requesting
    first to satisfy its requirement through public real property,
    where available, rather than through private real property.
    Section 322
        The Government of the United States shall provide and
    maintain fixed and floating aids to navigation in the Republic
    of the Marshall Islands at least to the extent necessary for
    the exercise of its authority and responsibility under this
    Title.
    Section 323
        The military operating rights of the Government of the
    United States and the legal status and contractual arrangements
    of the United States Armed Forces, their members, and
    associated civilians, while present in the Republic of the
    Marshall Islands are set forth in separate agreements, which
    shall remain in effect in accordance with the terms of such
    agreements.

                                  Article III

             Defense Treaties and International Security Agreements

    Section 331
        Subject to the terms of this Compact, as amended, and its
    related agreements, the Government of the United States,
    exclusively, has assumed and enjoys, as to the Republic of the
    Marshall Islands, all obligations, responsibilities, rights and
    benefits of:
              (a) Any defense treaty or other international
            security agreement applied by the Government of the
            United States as Administering Authority of the Trust
            Territory of the Pacific Islands as of October 20,
            1986.
              (b) Any defense treaty or other international
            security agreement to which the Government of the
            United States is or may become a party which it
            determines to be applicable in the Republic of the
            Marshall Islands. Such a determination by the
            Government of the United States shall be preceded by
            appropriate consultation with the Government of the
            Republic of the Marshall Islands.

                                   Article IV

                  Service in Armed Forces of the United States

    Section 341
        Any person entitled to the privileges set forth in Section
    141 (with the exception of any person described in section
    141(a)(5) who is not a citizen of the Republic of the Marshall
    Islands) shall be eligible to volunteer for service in the
    Armed Forces of the United States, but shall not be subject to
    involuntary induction into military service of the United
    States as long as such person has resided in the United States
    for a period of less than one year, provided that no time shall
    count towards this one year while a person admitted to the
    United States under the Compact, or the Compact, as amended, is
    engaged in full-time study in the United States. Any person
    described in section 141(a)(5) who is not a citizen of the
    Republic of the Marshall Islands shall be subject to United
    States laws relating to selective service.
    Section 342
        The Government of the United States shall have enrolled, at
    any one time, at least one qualified student from the Republic
    of the Marshall Islands, as may be nominated by the Government
    of the Republic of the Marshall Islands, in each of:
              (a) The United States Coast Guard Academy pursuant to
            14 U.S.C. 195.
              (b) The United States Merchant Marine Academy
            pursuant to 46 U.S.C. 1295(b)(6), provided that the
            provisions of 46 U.S.C. 1295b(b)(6)(C) shall not apply
            to the enrollment of students pursuant to section
            342(b) of this Compact, as amended.

                                   Article V

                               General Provisions

    Section 351
        (a) The Government of the United States and the Government
    of the Republic of the Marshall Islands shall continue to
    maintain a Joint Committee empowered to consider disputes
    arising under the implementation of this Title and its related
    agreements.
        (b) The membership of the Joint Committee shall comprise
    selected senior officials of the two Governments. The senior
    United States military commander in the Pacific area shall be
    the senior United States member of the Joint Committee. For the
    meetings of the Joint Committee, each of the two Governments
    may designate additional or alternate representatives as
    appropriate for the subject matter under consideration.
        (c) Unless otherwise mutually agreed, the Joint Committee
    shall meet annually at a time and place to be designated, after
    appropriate consultation, by the Government of the United
    States. The Joint Committee also shall meet promptly upon
    request of either of its members. The Joint Committee shall
    follow such procedures, including the establishment of
    functional subcommittees, as the members may from time to time
    agree. Upon notification by the Government of the United
    States, the Joint Committee of the United States and the
    Republic of the Marshall Islands shall meet promptly in a
    combined session with the Joint Committee established and
    maintained by the Government of the United States and the
    Government of the Federated States of Micronesia to consider
    matters within the jurisdiction of the two Joint Committees.
        (d) Unresolved issues in the Joint Committee shall be
    referred to the Governments for resolution, and the Government
    of the Republic of the Marshall Islands shall be afforded, on
    an expeditious basis, an opportunity to raise its concerns with
    the United States Secretary of Defense personally regarding any
    unresolved issue which threatens its continued association with
    the Government of the United States.
    Section 352
        In the exercise of its authority and responsibility under
    Title Three, the Government of the United States shall accord
    due respect to the authority and responsibility of the
    Government of the Republic of the Marshall Islands under Titles
    One, Two and Four and to the responsibility of the Government
    of the Republic of the Marshall Islands to assure the well-
    being of its people.
    Section 353
        (a) The Government of the United States shall not include
    the Government of the Republic of the Marshall Islands as a
    named party to a formal declaration of war, without that
    Government's consent.
        (b) Absent such consent, this Compact, as amended, is
    without prejudice, on the ground of belligerence or the
    existence of a state of war, to any claims for damages which
    are advanced by the citizens, nationals or Government of the
    Republic of the Marshall Islands, which arise out of armed
    conflict subsequent to October 21, 1986, and which are:
              (1) petitions to the Government of the United States
            for redress; or
              (2) claims in any manner against the government,
            citizens, nationals or entities of any third country.
        (c) Petitions under section 353(b)(1) shall be treated as
    if they were made by citizens of the United States.
    Section 354
        (a) The Government of the United States and the Government
    of the Republic of the Marshall Islands are jointly committed
    to continue their security and defense relations, as set forth
    in this Title. Accordingly, it is the intention of the two
    countries that the provisions of this Title shall remain
    binding as long as this Compact, as amended, remains in effect,
    and thereafter as mutually agreed, unless earlier terminated by
    mutual agreement pursuant to section 441, or amended pursuant
    to Article III of Title Four. If at any time the Government of
    the United States, or the Government of the Republic of the
    Marshall Islands, acting unilaterally, terminates this Title,
    such unilateral termination shall be considered to be
    termination of the entire Compact, as amended, in which case
    the provisions of section 442 and 452 (in the case of
    termination by the Government of the United States) or sections
    443 and 453 (in the case of termination by the Government of
    the Republic of the Marshall Islands), with the exception of
    paragraph (3) of subsection (a) of section 452 or paragraph (3)
    of subsection (a) of section 453, as the case may be, shall
    apply.
        (b) The Government of the United States recognizes, in view
    of the special relationship between the Government of the
    United States and the Government of the Republic of the
    Marshall Islands, and in view of the existence of the separate
    agreement regarding mutual security concluded with the
    Government of the Republic of the Marshall Islands pursuant to
    sections 321 and 323, that, even if this Title should
    terminate, any attack on the Republic of the Marshall Islands
    during the period in which such separate agreement is in
    effect, would constitute a threat to the peace and security of
    the entire region and a danger to the United States. In the
    event of such an attack, the Government of the United States
    would take action to meet the danger to the United States and
    to the Republic of the Marshall Islands in accordance with its
    constitutional processes.
        (c) As reflected in Article 21(1)(b) of the Trust Fund
    Agreement, the Government of the United States and the
    Government of the Republic of the Marshall Islands further
    recognize, in view of the special relationship between their
    countries, that even if this Title should terminate, the
    Government of Republic of the Marshall Islands shall refrain
    from actions which the Government of the United States
    determines, after appropriate consultation with that
    Government, to be incompatible with its authority and
    responsibility for security and defense matters in or relating
    to the Republic of the Marshall Islands or the Federated States
    of Micronesia.

                                   TITLE FOUR

                               GENERAL PROVISIONS

                                   Article I

                          Approval and Effective Date

    Section 411
        Pursuant to section 432 of the Compact and subject to
    subsection (e) of section 461 of the Compact, as amended, the
    Compact, as amended, shall come into effect upon mutual
    agreement between the Government of the United States and the
    Government of the Republic of the Marshall Islands subsequent
    to completion of the following:
              (a) Approval by the Government of the Republic of the
            Marshall Islands in accordance with its constitutional
            processes.
              (b) Approval by the Government of the United States
            in accordance with its constitutional processes.

                                   Article II

                       Conference and Dispute Resolution

    Section 421
        The Government of the United States shall confer promptly
    at the request of the Government of the Republic of the
    Marshall Islands and that Government shall confer promptly at
    the request of the Government of the United States on matters
    relating to the provisions of this Compact, as amended, or of
    its related agreements.
    Section 422
        In the event the Government of the United States or the
    Government of the Republic of the Marshall Islands, after
    conferring pursuant to section 421, determines that there is a
    dispute and gives written notice thereof, the two Governments
    shall make a good faith effort to resolve the dispute between
    themselves.
    Section 423
        If a dispute between the Government of the United States
    and the Government of the Republic of the Marshall Islands
    cannot be resolved within 90 days of written notification in
    the manner provided in section 422, either party to the dispute
    may refer it to arbitration in accordance with section 424.
    Section 424
        Should a dispute be referred to arbitration as provided for
    in section 423, an Arbitration Board shall be established for
    the purpose of hearing the dispute and rendering a decision
    which shall be binding upon the two parties to the dispute
    unless the two parties mutually agree that the decision shall
    be advisory. Arbitration shall occur according to the following
    terms:
              (a) An Arbitration Board shall consist of a Chairman
            and two other members, each of whom shall be a citizen
            of a party to the dispute. Each of the two Governments
            that is a party to the dispute shall appoint one member
            to the Arbitration Board. If either party to the
            dispute does not fulfill the appointment requirements
            of this section within 30 days of referral of the
            dispute to arbitration pursuant to section 423, its
            member on the Arbitration Board shall be selected from
            its own standing list by the other party to the
            dispute. Each Government shall maintain a standing list
            of 10 candidates. The parties to the dispute shall
            jointly appoint a Chairman within 15 days after
            selection of the other members of the Arbitration
            Board. Failing agreement on a Chairman, the Chairman
            shall be chosen by lot from the standing lists of the
            parties to the dispute within 5 days after such
            failure.
              (b) Unless otherwise provided in this Compact, as
            amended, or its related agreements, the Arbitration
            Board shall have jurisdiction to hear and render its
            final determination on all disputes arising exclusively
            under Articles I, II, III, IV and V of Title One, Title
            Two, Title Four, and their related agreements.
              (c) Each member of the Arbitration Board shall have
            one vote. Each decision of the Arbitration Board shall
            be reached by majority vote.
              (d) In determining any legal issue, the Arbitration
            Board may have reference to international law and, in
            such reference, shall apply as guidelines the
            provisions set forth in Article 38 of the Statute of
            the International Court of Justice.
              (e) The Arbitration Board shall adopt such rules for
            its proceedings as it may deem appropriate and
            necessary, but such rules shall not contravene the
            provisions of this Compact, as amended. Unless the
            parties provide otherwise by mutual agreement, the
            Arbitration Board shall endeavor to render its decision
            within 30 days after the conclusion of arguments. The
            Arbitration Board shall make findings of fact and
            conclusions of law and its members may issue dissenting
            or individual opinions. Except as may be otherwise
            decided by the Arbitration Board, one-half of all costs
            of the arbitration shall be borne by the Government of
            the United States and the remainder shall be borne by
            the Government of the Republic of the Marshall Islands.

                                  Article III

                                   Amendment

    Section 431
        The provisions of this Compact, as amended, may be further
    amended by mutual agreement of the Government of the United
    States and the Government of the Republic of the Marshall
    Islands, in accordance with their respective constitutional
    processes.

                                   Article IV

                                  Termination

    Section 441
        This Compact, as amended, may be terminated by mutual
    agreement of the Government of the Republic of the Marshall
    Islands and the Government of the United States, in accordance
    with their respective constitutional processes. Such mutual
    termination of this Compact, as amended, shall be without
    prejudice to the continued application of section 451 of this
    Compact, as amended, and the provisions of the Compact, as
    amended, set forth therein.
    Section 442
        Subject to section 452, this Compact, as amended, may be
    terminated by the Government of the United States in accordance
    with its constitutional processes. Such termination shall be
    effective on the date specified in the notice of termination by
    the Government of the United States but not earlier than six
    months following delivery of such notice. The time specified in
    the notice of termination may be extended. Such termination of
    this Compact, as amended, shall be without prejudice to the
    continued application of section 452 of this Compact, as
    amended, and the provisions of the Compact, as amended, set
    forth therein.
    Section 443
        This Compact, as amended, shall be terminated by the
    Government of the Republic of the Marshall Islands, pursuant to
    its constitutional processes, subject to section 453 if the
    people represented by that Government vote in a plebiscite to
    terminate the Compact. The Government of the Republic of the
    Marshall Islands shall notify the Government of the United
    States of its intention to call such a plebiscite, which shall
    take place not earlier than three months after delivery of such
    notice. The plebiscite shall be administered by the Government
    of the Republic of the Marshall Islands in accordance with its
    constitutional and legislative processes, but the Government of
    the United States may send its own observers and invite
    observers from a mutually agreed party. If a majority of the
    valid ballots cast in the plebiscite favors termination, the
    Government of the Republic of the Marshall Islands shall, upon
    certification of the results of the plebiscite, give notice of
    termination to the Government of the United States, such
    termination to be effective on the date specified in such
    notice but not earlier than three months following the date of
    delivery of such notice. The time specified in the notice of
    termination may be extended.

                                   Article V

                                 Survivability

    Section 451
        (a) Should termination occur pursuant to section 441,
    economic and other assistance by the Government of the United
    States shall continue only if and as mutually agreed by the
    Governments of the United States and the Republic of the
    Marshall Islands, and in accordance with the countries'
    respective constitutional processes.
        (b) In view of the special relationship of the United
    States and the Republic of the Marshall Islands, as reflected
    in subsections (b) and (c) of section 354 of this Compact, as
    amended, and the separate agreement entered into consistent
    with those subsections, if termination occurs pursuant to
    section 441 prior to the twentieth anniversary of the effective
    date of this Compact, as amended, the United States shall
    continue to make contributions to the Trust Fund described in
    section 216 of this Compact, as amended.
        (c) In view of the special relationship of the United
    States and the Republic of the Marshall Islands described in
    subsection (b) of this section, if termination occurs pursuant
    to section 441 following the twentieth anniversary of the
    effective date of this Compact, as amended, the Republic of the
    Marshall Islands shall be entitled to receive proceeds from the
    Trust Fund described in section 216 of this Compact, as
    amended, in the manner described in those provisions and the
    Trust Fund Agreement.
    Section 452
        (a) Should termination occur pursuant to section 442 prior
    to the twentieth anniversary of the effective date of this
    Compact, as amended, the following provisions of this amended
    Compact shall remain in full force and effect until the
    twentieth anniversary of the effective date of this Compact, as
    amended, and thereafter as mutually agreed:
              (1) Article VI and sections 172, 173, 176 and 177 of
            Title One;
              (2) Article One and sections 232 and 234 of Title
            Two;
              (3) Title Three; and
              (4) Articles II, III, V and VI of Title Four.
        (b) Should termination occur pursuant to section 442 before
    the twentieth anniversary of the effective date of this
    Compact, as amended:
              (1) Except as provided in paragraph (2) of this
            subsection and subsection (c) of this section, economic
            and other assistance by the United States shall
            continue only if and as mutually agreed by the
            Governments of the United States and the Republic of
            the Marshall Islands.
              (2) In view of the special relationship of the United
            States and the Republic of the Marshall Islands, as
            reflected in subsections (b) and (c) of section 354 of
            this Compact, as amended, and the separate agreement
            regarding mutual security, and the Trust Fund
            Agreement, the United States shall continue to make
            contributions to the Trust Fund described in section
            216 of this Compact, as amended, in the manner
            described in the Trust Fund Agreement.
        (c) In view of the special relationship of the United
    States and the Republic of the Marshall Islands, as reflected
    in subsections 354(b) and (c) of this Compact, as amended, and
    the separate agreement regarding mutual security, and the Trust
    Fund Agreement, if termination occurs pursuant to section 442
    following the twentieth anniversary of the effective date of
    this Compact, as amended, the Republic of the Marshall Islands
    shall continue to be eligible to receive proceeds from the
    Trust Fund described in section 216 of this Compact, as
    amended, in the manner described in those provisions and the
    Trust Fund Agreement.
    Section 453
        (a) Should termination occur pursuant to section 443 prior
    to the twentieth anniversary of the effective date of this
    Compact, as amended, the following provisions of this Compact,
    as amended, shall remain in full force and effect until the
    twentieth anniversary of the effective date of this Compact, as
    amended, and thereafter as mutually agreed:
              (1) Article VI and sections 172, 173, 176 and 177 of
            Title One;
              (2) Sections 232 and 234 of Title Two;
              (3) Title Three; and
              (4) Articles II, III, V and VI of Title Four.
        (b) Upon receipt of notice of termination pursuant to
    section 443, the Government of the United States and the
    Government of the Republic of the Marshall Islands shall
    promptly consult with regard to their future relationship.
    Except as provided in subsections (c) and (d) of this section,
    these consultations shall determine the level of economic and
    other assistance, if any, which the Government of the United
    States shall provide to the Government of the Republic of the
    Marshall Islands for the period ending on the twentieth
    anniversary of the effective date of this Compact, as amended,
    and for any period thereafter, if mutually agreed.
        (c) In view of the special relationship of the United
    States and the Republic of the Marshall Islands, as reflected
    in subsections 354(b) and (c) of this Compact, as amended, and
    the separate agreement regarding mutual security, and the Trust
    Fund Agreement, if termination occurs pursuant to section 443
    prior to the twentieth anniversary of the effective date of
    this Compact, as amended, the United States shall continue to
    make contributions to the Trust Fund described in section 216
    of this Compact, as amended.
        (d) In view of the special relationship of the United
    States and the Republic of the Marshall Islands, as reflected
    in subsections 354(b) and (c) of this Compact, as amended, and
    the separate agreement regarding mutual security, and the Trust
    Fund Agreement, if termination occurs pursuant to section 443
    following the twentieth anniversary of the effective date of
    this Compact, as amended, the Republic of the Marshall Islands
    shall continue to be eligible to receive proceeds from the
    Trust Fund described in section 216 of this Compact, as
    amended, in the manner described in those provisions and the
    Trust Fund Agreement.
    Section 454
        Notwithstanding any other provision of this Compact, as
    amended:
              (a) The Government of the United States reaffirms its
            continuing interest in promoting the economic
            advancement and budgetary self-reliance of the people
            of the Republic of the Marshall Islands.
              (b) The separate agreements referred to in Article II
            of Title Three shall remain in effect in accordance
            with their terms.

                                   Article VI

                              Definition of Terms

    Section 461
        For the purpose of this Compact, as amended, only, and
    without prejudice to the views of the Government of the United
    States or the Government of the Republic of the Marshall
    Islands as to the nature and extent of the jurisdiction of
    either of them under international law, the following terms
    shall have the following meanings:
              (a) ``Trust Territory of the Pacific Islands'' means
            the area established in the Trusteeship Agreement
            consisting of the former administrative districts of
            Kosrae, Yap, Ponape, the Marshall Islands and Truk as
            described in Title One, Trust Territory Code, section
            1, in force on January 1, 1979. This term does not
            include the area of Palau or the Northern Mariana
            Islands.
              (b) ``Trusteeship Agreement'' means the agreement
            setting forth the terms of trusteeship for the Trust
            Territory of the Pacific Islands, approved by the
            Security Council of the United Nations April 2, 1947,
            and by the United States July 18, 1947, entered into
            force July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665, 8
            U.N.T.S. 189.
              (c) ``The Republic of the Marshall Islands'' and
            ``the Federated States of Micronesia'' are used in a
            geographic sense and include the land and water areas
            to the outer limits of the territorial sea and the air
            space above such areas as now or hereafter recognized
            by the Government of the United States.
              (d) ``Compact'' means the Compact of Free Association
            Between the United States and the Federated States of
            Micronesia and the Marshall Islands, that was approved
            by the United States Congress in section 201 of Public
            Law 99-239 (Jan. 14, 1986) and went into effect with
            respect to the Republic of the Marshall Islands on
            October 21, 1986.
              (e) ``Compact, as amended'' means the Compact of Free
            Association Between the United States and the Republic
            of the Marshall Islands, as amended. The effective date
            of the Compact, as amended, shall be on a date to be
            determined by the President of the United States, and
            agreed to by the Government of the Republic of the
            Marshall Islands, following formal approval of the
            Compact, as amended, in accordance with section 411 of
            this Compact, as amended.
              (f) ``Government of the Republic of the Marshall
            Islands'' means the Government established and
            organized by the Constitution of the Republic of the
            Marshall Islands including all the political
            subdivisions and entities comprising that Government.
              (g) ``Government of the Federated States of
            Micronesia'' means the Government established and
            organized by the Constitution of the Federated States
            of Micronesia including all the political subdivisions
            and entities comprising that Government.
              (h) The following terms shall be defined consistent
            with the 1978 Edition of the Radio Regulations of the
            International Telecommunications as follows:
                      (1) ``Radiocommunication'' means
                    telecommunication by means of radio waves.
                      (2) ``Station'' means one or more
                    transmitters or receivers or a combination of
                    transmitters and receivers, including the
                    accessory equipment, necessary at one location
                    for carrying on a radiocommunication service,
                    or the radio astronomy service.
                      (3) ``Broadcasting Service'' means a
                    radiocommunication service in which the
                    transmissions are intended for direct reception
                    by the general public. This service may include
                    sound transmissions, television transmissions
                    or other types of transmission.
                      (4) ``Broadcasting Station'' means a station
                    in the broadcasting service.
                      (5) ``Assignment (of a radio frequency or
                    radio frequency channel)'' means an
                    authorization given by an administration for a
                    radio station to use a radio frequency or radio
                    frequency channel under specified conditions.
                      (6) ``Telecommunication'' means any
                    transmission, emission or reception of signs,
                    signals, writings, images and sounds or
                    intelligence of any nature by wire, radio,
                    optical or other electromagnetic systems.
              (i) ``Military Areas and Facilities'' means those
            areas and facilities in the Republic of the Marshall
            Islands reserved or acquired by the Government of the
            Republic of the Marshall Islands for use by the
            Government of the United States, as set forth in the
            separate agreements referred to in section 321.
              (j) ``Tariff Schedules of the United States'' means
            the Tariff Schedules of the United States as amended
            from time to time and as promulgated pursuant to United
            States law and includes the Tariff Schedules of the
            United States Annotated (TSUSA), as amended.
              (k) ``Vienna Convention on Diplomatic Relations''
            means the Vienna Convention on Diplomatic Relations,
            done April 18, 1961, 23 U.S.T. 3227, T.I.A.S. 7502, 500
            U.N.T.S. 95.
    Section 462
        (a) The Government of the United States and the Government
    of the Republic of the Marshall Islands previously have
    concluded agreements, which shall remain in effect and shall
    survive in accordance with their terms, as follows:
              (1) Agreement Between the Government of the United
            States and the Government of the Marshall Islands for
            the Implementation of Section 177 of the Compact of
            Free Association;
              (2) Agreement Between the Government of the United
            States and the Government of the Marshall Islands by
            Persons Displaced as a Result of the United States
            Nuclear Testing Program in the Marshall Islands;
              (3) Agreement Between the Government of the United
            States and the Government of the Marshall Islands
            Regarding the Resettlement of Enjebi Island;
              (4) Agreement Concluded Pursuant to Section 234 of
            the Compact; and
              (5) Agreement Between the Government of the United
            States and the Government of the Marshall Islands
            Regarding Mutual Security Concluded Pursuant to
            Sections 321 and 323 of the Compact of Free
            Association.
        (b) The Government of the United States and the Government
    of the Republic of the Marshall Islands shall conclude prior to
    the date of submission of this Compact to the legislatures of
    the two countries, the following related agreements which shall
    come into effect on the effective date of this Compact, as
    amended, and shall survive in accordance with their terms, as
    follows:
              (1) Federal Programs and Services Agreement Between
            the Government of the United States of America and the
            Government of the Republic of the Marshall Islands
            Concluded Pursuant to Article III of Title One, Article
            II of Title Two (including Section 222), and Section
            231 of the Compact of Free Association, as Amended,
            which include:
                      (i) Postal Services and Related Programs;
                      (ii) Weather Services and Related Programs;
                      (iii) Civil Aviation Safety Service and
                    Related Programs;
                      (iv) Civil Aviation Economic Services and
                    Related Programs;
                      (v) United States Disaster Preparedness and
                    Response Services and Related Programs; and
                      (vi) Telecommunications Services and Related
                    Programs.
              (2) Agreement Between the Government of the United
            States of America and the Government of the Republic of
            the Marshall Islands on Extradition, Mutual Assistance
            in Law Enforcement Matters and Penal Sanctions
            Concluded Pursuant to Section 175 (a) of the Compact of
            Free Association, as Amended;
              (3) Agreement Between the Government of the United
            States of America and the Government of the Republic of
            the Marshall Islands on Labor Recruitment Concluded
            Pursuant to Section 175 (b) of the Compact of Free
            Association, as Amended;
              (4) Agreement Concerning Procedures for the
            Implementation of United States Economic Assistance
            Provided in the Compact, as Amended, of Free
            Association Between the Government of the United States
            of America and the Government of the Republic of the
            Marshall Islands;
              (5) Agreement Between the Government of the United
            States of America and the Government of the Republic of
            the Marshall Islands Implementing Section 216 and
            Section 217 of the Compact, as Amended, Regarding a
            Trust Fund;
              (6) 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; and
              (7) Status of Forces Agreement Between the Government
            of the United States of America and the Government of
            the Republic of the Marshall Islands Concluded Pursuant
            to Section 323 of the Compact of Free Association, as
            Amended.
    Section 463
        (a) Except as set forth in subsection (b) of this section,
    any reference in this Compact, as amended, to a provision of
    the United States Code or the Statutes at Large of the United
    States constitutes the incorporation of the language of such
    provision into this Compact, as amended, as such provision was
    in force on the effective date of this Compact, as amended.
        (b) Any reference in Article IV and VI of Title One, and
    Sections 174, 175, 178 and 342 to a provision of the United
    States Code or the Statutes at Large of the United States or to
    the Privacy Act, the Freedom of Information Act, the
    Administrative Procedure Act or the Immigration and Nationality
    Act constitutes the incorporation of the language of such
    provision into this Compact, as amended, as such provision was
    in force on the effective date of this Compact, as amended, or
    as it may be amended thereafter on a non-discriminatory basis
    according to the constitutional processes of the United States.

                                  Article VII

                             Concluding Provisions

    Section 471
        Both the Government of the United States and the Government
    of the Republic of the Marshall Islands shall take all
    necessary steps, of a general or particular character, to
    ensure, no later than the entry into force date of this
    Compact, as amended, the conformity of its laws, regulations
    and administrative procedures with the provisions of this
    Compact, as amended, or, in the case of subsection (d) of
    section 141, as soon as reasonably possible thereafter.
    Section 472
        This Compact, as amended, may be accepted, by signature or
    otherwise, by the Government of the United States and the
    Government of the Republic of the Marshall Islands.
        IN WITNESS WHEREOF, the undersigned, duly authorized, have
    signed this Compact of Free Association, as amended, which
    shall enter into force upon the exchange of diplomatic notes by
    which the Government of the United States of America and the
    Government of the Republic of the Marshall Islands inform each
    other about the fulfillment of their respective requirements
    for entry into force.
        DONE at Majuro, Republic of the Marshall Islands, in
    duplicate, this thirtieth (30) day of April, 2003, each text
    being equally authentic.

     Signed (April 30, 2003)              Signed (April 30, 2003)
    For the Government of the            For the Government of the
    United States of America:            Republic of the Marshall Islands:Ambassador Michael J. Senko          His Excellency Banny deBrum
    U.S. Ambassador to the               Ambassador Extraordinary and
    Republic of the Marshall Islands     Plenipotentiary
                   b. Compact of Free Association Act of 1985

       Partial text of Public Law 99-239 [H.J. Res. 187], 99 Stat. 1770,
    approved January 14, 1986; as amended by Public Law 99-514 [Tax Reform
      Act of 1986; H.R. 3838], 100 Stat. 2085, approved October 22, 1986;
     Public Law 99-658 [H.J. Res. 626], 100 Stat. 3672, approved November
     14, 1986; Public Law 102-247 [Omnibus Insular Areas Act of 1992; H.R.
      2927], 106 Stat. 33, approved February 24, 1992; Public Law 102-486
    [Energy Policy Act of 1992; H.R. 775], 106 Stat. 2776, approved October
      24, 1992; Public Law 102-572 [Federal Courts Administration Act of
     1992; S. 1569], 106 Stat. 4506, approved October 29, 1992; Public Law
     102-583 [International Narcotics Control Act of 1992; H.R. 6187], 106
      Stat. 4914, approved November 2, 1992; Public Law 104-208 [Omnibus
      Consolidated Appropriations Act, 1997; H.R. 3610], 110 Stat. 3001,
    approved September 30, 1996; Public Law 105-209 [H.R. 1460], 112 Stat.
     880, approved July 29, 1998; and Public Law 106-504 [H.R. 2462], 114
                     Stat. 2309, approved November 13, 2000

     JOINT RESOLUTION To approve the ``Compact of Free Association'', and
                              for other purposes.

    Whereas the United States, in accordance with the Trusteeship
        Agreement, and Charter of the United Nations and the
        objectives of the international trusteeship system, has
        promoted the development of the peoples of the Trust
        Territory toward self-government or independence as
        appropriate to the particular circumstances of the Trust
        Territory and its peoples and the freely expressed wishes
        of the people concerned; and
    Whereas the United States, in response to the desires of the
        peoples of the Federated States of Micronesia and the
        Marshall Islands expressed through their freely-elected
        representatives and by the official pronouncements and
        enactments of their lawfully constituted governments, and
        in consideration of its own obligations under the
        Trusteeship Agreement to promote self-determination,
        entered into political status negotiations with
        representatives of the peoples of the Federated States of
        Micronesia, and the Marshall Islands; and
    Whereas these negotiations resulted in the ``Compact of Free
        Association'' which, together with its related agreements,
        was signed by the United States and by the Federated States
        of Micronesia and the Republic of the Marshall Islands on
        October 1, 1982 and June 25, 1983, respectively; and
    Whereas the Compact of Free Association was approved by
        majorities of the peoples of the Federated States of
        Micronesia and the Marshall Islands in United Nations-
        observed plebiscites conducted on June 21, 1983 and
        September 7, 1983, respectively; and
    Whereas the Compact of Free Association has been approved by
        the Governments of the Federated States of Micronesia and
        the Marshall Islands in accordance with their respective
        constitutional processes, thus completing fully for the
        Federated States of Micronesia and the Marshall Islands
        their domestic approval processes with respect to the
        Compact as contemplated in Compact Section 411: Now,
        therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

        (a) Short Title.--This joint resolution, together with the
    Table of Contents in subsection (b) of this section, may be
    cited as the ``Compact of Free Association Act of 1985''.
        (b) Table of Contents. * * *

      TITLE I--APPROVAL OF COMPACT; INTERPRETATION OF, AND U.S. POLICIES
                  REGARDING, COMPACT; SUPPLEMENTAL PROVISIONS

    SEC. 101.\1\ APPROVAL OF COMPACT OF FREE ASSOCIATION.

        (a) Federated States of Micronesia.--The Compact of Free
    Association set forth in title II of this joint resolution
    between the United States and the Government of the Federated
    States of Micronesia is hereby approved, and Congress hereby
    consents to the subsidiary agreements as set forth on pages 115
    through 391 of House Document 98-192 of March 30, 1984, as they
    relate to such Government. Subject to the provisions of this
    joint resolution, the President is authorized to agree, in
    accordance with section 411 of the Compact, to an effective
    date for and thereafter to implement such Compact, having taken
    into account any procedures with respect to the United Nations
    for termination of the Trusteeship Agreement.
    ---------------------------------------------------------------------------
        \1\ 48 U.S.C. 1901.
    ---------------------------------------------------------------------------
        (b) Marshall Islands.--The Compact of Free Association set
    forth in title II of this joint resolution between the United
    States and the Government of the Marshall Islands is hereby
    approved, and Congress hereby consents to the subsidiary
    agreements as set forth on pages 115 through 391 of House
    Document 98-192 of March 30, 1984, as they relate to such
    Government. Subject to the provisions of this joint resolution,
    the President is authorized to agree, in accordance with
    section 411 of the Compact, to an effective date for and
    thereafter to implement such Compact, having taken into account
    any procedures with respect to the United Nations for
    termination of the Trusteeship Agreement.
        (c) Reference to the Compact.--Any reference in this joint
    resolution to ``the Compact'' shall be treated as a reference
    to the Compact of Free Association set forth in title II of
    this joint resolution.
        (d) \2\ Amendment, Change, or Termination in the Compact
    and Certain Agreements.--(1) Mutual agreement by the Government
    of the United States as provided in the Compact which results
    in amendment, change, or termination of all or any part thereof
    shall be effected only by Act of Congress and no unilateral
    action by the Government of the United States provided for in
    the Compact, and having such result, may be effected other than
    by Act of Congress.
    ---------------------------------------------------------------------------
        \2\ Public Law 101-62 (103 Stat. 162) provided the following:
        ``Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, That, pursuant to
    section 101(d) of Public Law 99-239, the following agreements are
    approved and shall enter into force in accordance with their terms:
    ---------------------------------------------------------------------------

      ``(1) `Agreement Between the Government of the United States and the
    Government of the Republic of the Marshall Islands to Amend the
    Governmental Representation Provisions of the Compact of Free Association
    Pursuant to section 432 of the Compact', signed on March 18, 1988; and

      ``(2) `Agreement Between the Government of the United States and the
    Government of the Federated States of Micronesia to Amend the Governmental
    Representation Provisions of the Compact of Free Association Pursuant to
    section 432 of the Compact', signed on March 9, 1988.''.

        (2) The provisions of paragraph (1) shall apply--
              (A) to all actions of the Government of the United
            States under the Compact including, but not limited to,
            actions taken pursuant to sections 431, 432, 441, or
            442;
              (B) to any amendment, change, or termination in the
            Agreement between the Government of the United States
            and the Government of the Federated States of
            Micronesia Regarding Friendship, Cooperation and Mutual
            Security Concluded Pursuant to Sections 321 and 323 of
            the Compact of Free Association referred to in section
            462(j) of the Compact and the Agreement between the
            Government of the United States and the Government of
            the Marshall Islands Concerning Mutual Security
            Concluded Pursuant to Sections 321 and 323 of the
            Compact of Free Association referred to in section
            462(k) of the Compact;
              (C) to any amendment, change, or termination of the
            agreements concluded pursuant to Compact sections 175,
            177, and 221(a)(5), the terms of which are incorporated
            by reference into the Compact; and
              (D) to the following subsidiary agreements, or
            portions thereof:
                      (i) Article II of the agreement referred to
                    in section 462(a) of the Compact;
                      (ii) Article II of the agreement referred to
                    in section 462(b) of the Compact;
                      (iii) Article II and Section 7 of Article XI
                    of the agreement referred to in section 462(e)
                    of the Compact;
                      (iv) the agreement referred to in section
                    462(f) of the Compact;
                      (v) Articles III and IV of the agreement
                    referred to in section 462(g) of the Compact;
                      (vi) Articles III and IV of the agreement
                    referred to in section 462(h) of the Compact;
                    and
                      (vii) Articles VI, XV, and XVII of the
                    agreement referred to in section 462(i) of the
                    Compact.
        (e) Subsidiary Agreements Deemed Bilateral.--For purposes
    of implementation of the Compact and this joint resolution,
    each of the subsidiary agreements referred to in subsections
    (a) and (b) (whether or not bilateral in form) shall be deemed
    to be bilateral agreements between the United States and each
    other party to such subsidiary agreement. The consent or
    concurrence of any other party shall not be required for the
    effectiveness of any actions taken by the United States in
    conjunction with either the Federated States of Micronesia or
    the Marshall Islands which are intended to affect the
    implementation, modification, suspension, or termination of any
    such subsidiary agreement (or any provision thereof) as regards
    the mutual responsibilities of the United States and the party
    in conjunction with whom the actions are taken.
        (f) Effective Date.--(1) The President shall not agree to
    an effective date for the Compact, as authorized by this
    section, until after certifying to Congress that the agreements
    described in section 102 and section 103 of this title have
    been concluded.
        (2) Any agreement concluded with the Federated States of
    Micronesia or the Marshall Islands pursuant to sections 102 and
    103 of this title and any agreement which would amend, change,
    or terminate any subsidiary agreement or portion thereof as set
    forth in paragraph (4) of this subsection shall be submitted to
    the Congress. No such agreement shall take effect until after
    the expiration of 30 days after the date such agreement is so
    submitted (excluding days on which either House of Congress is
    not in session).
        (3) No agreement described in paragraph (2) shall take
    effect if a joint resolution of disapproval is enacted during
    the period specified in paragraph (2). For the purpose of
    expediting the consideration of such a joint resolution, a
    motion to proceed to the consideration of any such joint
    resolution after it has been reported by an appropriate
    committee shall be treated as highly privileged in the House of
    Representatives. Any such joint resolution shall be considered
    in the Senate in accordance with the provisions of section
    601(b) of Public Law 94-329.
        (4) The subsidiary agreements or portions thereof referred
    to in paragraph (2) are as follows:
              (A) Articles III and IV of the agreement referred to
            in section 462(b) of the Compact.
              (B) Articles III, IV, V, VI, VII, VIII, IX, X, and XI
            (except for Section 7 thereof) of the agreement
            referred to in section 462(e) of the Compact.
              (C) Articles IV, V, X, XIV, XVI, and XVIII of the
            agreement referred to in section 462(i) of the Compact.
              (D) Articles II, V, VI, VII, and VIII of the
            agreement referred to in section 462(g) of the Compact.
              (E) Articles II, V, VI, and VIII of the agreement
            referred to in section 462(h) of the Compact.
              (F) The Agreement set forth on pages 388 through 391
            of House Document 98-192 of March 30, 1984.
        (5) No agreement between the United States and the
    Government of either the Federated States of Micronesia or the
    Marshall Islands which would amend, change, or terminate any
    subsidiary agreement or portion thereof, other than those set
    forth in subsection (d) of this section or paragraph (4) of
    this subsection shall take effect until the President has
    transmitted such agreement to the President of the Senate and
    the Speaker of the House of Representatives together with an
    explanation of the agreement and the reasons therefor.

    SEC. 102.\3\ AGREEMENTS WITH FEDERATED STATES OF MICRONESIA.

        (a) Law Enforcement Assistance.--
    ---------------------------------------------------------------------------
        \3\ 48 U.S.C. 1902.
    ---------------------------------------------------------------------------
              (1) Agreement.--The President of the United States
            shall negotiate with the Government of the Federated
            States of Micronesia an agreement pursuant to section
            175 of the Compact which is in addition to the
            Agreement pursuant to such section dated October 1,
            1982, and transmitted to the Congress by the President
            on February 20, 1985. Such additional agreement shall
            provide as follows:
                      (A) Mutual assistance in law enforcement.--
                    The law enforcement agencies of the United
                    States and the Federated States of Micronesia
                    shall assist one another, as mutually agreed,
                    in the prevention and investigation of crimes
                    and the enforcement of the laws of the United
                    States and the Federated States of Micronesia
                    specified in subparagraph (C) of this
                    paragraph. The United States and the Federated
                    States of Micronesia will authorize mutual
                    assistance with respect to investigations,
                    inquiries, audits and related activities by the
                    law enforcement agencies of both Governments in
                    the United States and the Federated States of
                    Micronesia. In conducting activities authorized
                    in accordance with this section, the United
                    States and the Federated States of Micronesia
                    will act in accordance with the constitution
                    and laws of the jurisdiction in which such
                    activities are conducted.
                      (B) Narcotics and control of illegal
                    substances.--The United States and the
                    Federated States of Micronesia will take all
                    reasonable and necessary steps, as mutually
                    agreed, based upon consultations in which the
                    Attorney General or other designated official
                    of each Government participates, to prevent the
                    use of the lands, waters, and facilities of the
                    United States or the Federated States of
                    Micronesia for the purposes of cultivation of,
                    production of, smuggling of, trafficking in,
                    and abuse of any controlled substance as
                    defined in section 102(6) of the United States
                    Controlled Substances Act and Schedules I
                    through V of Subchapter II of the Controlled
                    Substances Act of the Federated States of
                    Micronesia, or for the distribution of any such
                    substance to or from the Federated States of
                    Micronesia or to or from the United States or
                    any of its territories or commonwealths.
                      (C) Other criminal laws.--Assistance provided
                    pursuant to this subsection shall also extend
                    to, but not be limited to, prevention and
                    prosecution of violations of the laws of the
                    United States and the laws of the Federated
                    States of Micronesia related to terrorism,
                    espionage, racketeer influenced and corrupt
                    organizations, and financial transactions which
                    advance the interests of any person engaging in
                    unlawful activities, as well as the schedule of
                    offenses set forth in Appendix A of the
                    subsidiary agreement to section 175 of the
                    Compact.
              (2) Technical and training assistance.--Pursuant to
            sections 224 and 226 of the Compact, the United States
            shall provide non-reimbursable technical and training
            assistance as appropriate, including training and
            equipment for postal inspection of illicit drugs and
            other contraband, to enable the Government of the
            Federated States of Micronesia to develop and
            adequately enforce laws of the Federated States of
            Micronesia and to cooperate with the United States in
            the enforcement of criminal laws of the United States.
            Funds appropriated pursuant to section 105(l) of this
            title may be used to reimburse State or local agencies
            providing such assistance.
              (3) Consultation.--Any official, designated by this
            joint resolution or by the President to negotiate any
            agreement under this section, shall consult with
            affected law enforcement agencies prior to entering
            into such an agreement on behalf of the United States.
              (4) Report.--The President shall report annually to
            Congress on the implementation of this subsection. Such
            report shall provide statistical and other information
            about the incidence of crimes in the Federated States
            of Micronesia which have an impact upon United States
            jurisdictions, and propose measures which the United
            States and the Federated States of Micronesia should
            take in order better to prevent and prosecute
            violations of the laws of the United States and the
            Federated States of Micronesia. The reports required
            under section 489 \4\ of the Foreign Assistance Act of
            1961 shall include relevant information concerning the
            Federated States of Micronesia.
    ---------------------------------------------------------------------------
        \4\ Formerly read ``section 481(e)''. Sec. 6(a) of Public Law 102-
    583 (106 Stat. 4932), however, provided that ``Any reference in any
    provision of law enacted before the date of enactment of this Act to
    section 481(e) or section 481(i) of that Act shall be deemed to be a
    reference to section 489 or section 481(e) (as amended * * * )''.
    ---------------------------------------------------------------------------
        (b) Economic Development Plans Review Process.--
              (1) Submission.--Notwithstanding section 211(b) of
            the Compact, the President may agree to an effective
            date for the Compact pursuant to section 101(a) of this
            title if the Government of the Federated States of
            Micronesia agrees to submit economic development plans
            consistent with section 211(b) of the Compact to the
            Government of the United States for concurrence at
            intervals no greater than every 5 years for the
            duration of the Compact. Any capital construction
            project and any planned independent purchase of
            aircraft which is to be financed (directly or
            indirectly) through the use of funds provided under
            section 211 of the Compact shall be identified in the
            economic development plans.
              (2) United states government review.--The United
            States shall not concur in those development plans
            described in paragraph (1) of this subsection until--
                      (A) after the President of the United States
                    has conducted a review and reported the
                    findings of the President to the Congress; and
                      (B) the Congress has had 30 days (excluding
                    days on which both Houses of Congress are not
                    in session) to review the findings of the
                    President.
              (3) Report.--The President shall complete the review
            under paragraph (2) and shall report the findings no
            later than 60 days after the President's receipt of
            such plans.
              (4) Views and comments.--The report shall include the
            views of the Secretary of the Interior, the
            Administrator of the Agency for International
            Development, and the heads of such other Executive
            departments as the President may decide to include in
            the report, as well as any comments which the Federated
            States of Micronesia may wish to have included.
        (c) Agreement on Audits.--In accordance with section 233 of
    the Compact, the President of the United States, in
    consultation with the Comptroller General of the United States,
    shall negotiate with the Government of the Federated States of
    Micronesia modifications to the ``Agreement Concerning
    Procedures for the Implementation of United States Economic
    Assistance, Programs and Services Provided in the Compact of
    Free Association'', which shall provide as follows:
              (1) General authority of the gao to audit.--
                      (A) The Comptroller General of the United
                    States (and his duly authorized
                    representatives) shall have the authority to
                    audit--
                              (i) all grants, program assistance,
                            and other assistance provided to the
                            Government of the Federated States of
                            Micronesia under Articles I and II of
                            Title Two of the Compact; and
                              (ii) any other assistance provided by
                            the Government of the United States to
                            the Government of the Federated States
                            of Micronesia.
                    Such authority shall include authority for the
                    Comptroller General to conduct or cause to be
                    conducted any of the audits provided for in
                    section 233 of the Compact. The authority
                    provided in this paragraph shall continue for
                    at least three years after the last such grant
                    has been made or assistance has been provided.
                      (B) The Comptroller General (and his duly
                    authorized representatives) shall also have
                    authority to review any audit conducted by or
                    on behalf of the Government of the United
                    States. In this connection, the Comptroller
                    General shall have access to such personnel and
                    to such records, documents, working papers,
                    automated data and files, and other information
                    relevant to such review.
              (2) GAO access to records.--
                      (A) In carrying out paragraph (1), the
                    Comptroller General (and his duly authorized
                    representatives) shall have such access to the
                    personnel and (without cost) to records,
                    documents, working papers, automated data and
                    files, and other information relevant to such
                    audits. The Comptroller General may duplicate
                    any such records, documents, working papers,
                    automated data and files, or other information
                    relevant to such audits.
                      (B) Such records, documents, working papers,
                    automated data and files, and other information
                    regarding each such grant or other assistance
                    shall be maintained for at least three years
                    after the date such grant or assistance was
                    provided and in a manner that permits such
                    grants, assistance, and payments to be
                    accounted for distinct from any other funds of
                    the Government of the Federated States of
                    Micronesia.
              (3) Representative status for gao representatives.--
            The Comptroller General and his duly authorized
            representatives shall be accorded the status set forth
            in Article V of Title One of the Compact.
              (4) Annual financial statements.--As part of the
            annual report submitted by the Government of the
            Federated States of Micronesia under section 211 of the
            Compact, the Government shall include annual financial
            statements which account for the use of all of the
            funds provided by the Government of the United States
            to the Government under the Compact or otherwise. Such
            financial statements shall be prepared in accordance
            with generally accepted accounting procedures, except
            as may otherwise be mutually agreed. Not later than 180
            days after the end of the United States fiscal year
            with respect to which such funds were provided, each
            such statement shall be submitted to the President for
            audit and transmission to the Congress.
              (5) Definition of audits.--As used in this
            subsection, the term ``audits'' includes financial,
            program, and management audits, including determining--
                      (A) whether the Government of the Federated
                    States of Micronesia has met the requirements
                    set forth in the Compact, or any related
                    agreement entered into under the Compact,
                    regarding the purposes for which such grants
                    and other assistance are to be used; and
                      (B) the propriety of the financial
                    transactions of the Government of the Federated
                    States of Micronesia pursuant to such grants or
                    assistance.
              (6) Cooperation by federated states of micronesia.--
            The Government of the Federated States of Micronesia
            will cooperate fully with the Comptroller General of
            the United States in the conduct of such audits as the
            Comptroller General determines necessary to enable the
            Comptroller General to fully discharge his
            responsibilities under this joint resolution.

    SEC. 103.\5\ AGREEMENTS WITH AND OTHER PROVISIONS RELATED TO THE
                        MARSHALL ISLANDS.

        (a) Law Enforcement Assistance.--
              (1) Agreement.--The President of the United States
            shall negotiate with the Government of the Marshall
            Islands an agreement pursuant to section 175 of the
            Compact which is in addition to the Agreement pursuant
            to such section dated May 30, 1982, and transmitted to
            the Congress by the President on February 20, 1985.
            Such additional agreement shall provide as follows:
    ---------------------------------------------------------------------------
        \5\ 48 U.S.C. 1903.
    ---------------------------------------------------------------------------
                      (A) Mutual assistance in law enforcement.--
                    The law enforcement agencies of the United
                    States and the Marshall Islands shall assist
                    one another, as mutually agreed, in the
                    prevention and investigation of crimes and the
                    enforcement of the laws of the United States
                    and the Marshall Islands specified in
                    subparagraph (C) of this paragraph. The United
                    States and the Marshall Islands will authorize
                    mutual assistance with respect to
                    investigations, inquiries, audits and related
                    activities by the law enforcement agencies of
                    both Governments in the United States and the
                    Marshall Islands. In conducting activities
                    authorized in accordance with this section, the
                    United States and the Marshall Islands will act
                    in accordance with the constitution and laws of
                    the jurisdiction in which such activities are
                    conducted.
                      (B) Narcotics and control of illegal
                    substances.--The United States and the Marshall
                    Islands will take all reasonable and necessary
                    steps, as mutually agreed, based upon
                    consultations in which the Attorney General or
                    other designated official of each Government
                    participates, to prevent the use of the lands,
                    waters, and facilities of the United States or
                    the Marshall Islands for the purposes of
                    cultivation of, production of, smuggling of,
                    trafficking in, and abuse of any controlled
                    substance as defined in section 102(6) of the
                    United States Controlled Substances Act and
                    Schedules I through V of Subchapter II of the
                    Controlled Substances Act of the Marshall
                    Islands, or for the distribution of any such
                    substance to or from the Marshall Islands or to
                    or from the United States or any of its
                    territories or commonwealths.
                      (C) Other criminal laws.--Assistance provided
                    pursuant to this subsection shall also extend
                    to, but not be limited to, prevention and
                    prosecution of violations of the laws of the
                    United States and the laws of the Marshall
                    Islands related to terrorism, espionage,
                    racketeer influenced and corrupt organizations,
                    and financial transactions which advance the
                    interests of any person engaging in unlawful
                    activities, as well as the schedule of offenses
                    set forth in Appendix A of the subsidiary
                    agreement to section 175 of the Compact.
              (2) Technical and training assistance.--Pursuant to
            sections 224 and 226 of the Compact, the United States
            shall provide non-reimbursable technical and training
            assistance as appropriate, including training and
            equipment for postal inspection of illicit drugs and
            other contraband, to enable the Government of the
            Marshall Islands to develop and adequately enforce laws
            of the Marshall Islands and to cooperate with the
            United States in the enforcement of criminal laws of
            the United States. Funds appropriated pursuant to
            section 105(l) of this title may be used to reimburse
            State or local agencies providing such assistance.
              (3) Consultation.--Any official, designated by this
            joint resolution or by the President to negotiate any
            agreement under this section, shall consult with
            affected law enforcement agencies prior to entering
            into such an agreement on behalf of the United States.
              (4) Report.--The President shall report annually to
            Congress on the implementation of this subsection. Such
            report shall provide statistical and other information
            about the incidence of crimes in the Marshall Islands
            which have an impact upon United States jurisdictions,
            and propose measures which the United States and the
            Marshall Islands should take in order better to prevent
            and prosecute violations of the laws of the United
            States and the Marshall Islands. The reports required
            under section 489 \6\ of the Foreign Assistance Act of
            1961 shall include relevant information concerning the
            Marshall Islands.
    ---------------------------------------------------------------------------
        \6\ Formerly read ``section 481(e)''. Sec. 6(a) of Public Law 102-
    583 (106 Stat. 4932), however, provided that ``Any reference in any
    provision of law enacted before the date of enactment of this Act to
    section 481(e) or section 481(i) of that Act shall be deemed to be a
    reference to section 489 or section 481(e) (as amended * * * )''.
    ---------------------------------------------------------------------------
        (b) Economic Development Plans Review Process.--
              (1) Submission.--Notwithstanding section 211(b) of
            the Compact, the President may agree to an effective
            date for the Compact pursuant to section 101(b) of this
            title if the Government of the Marshall Islands agrees
            to submit economic development plans consistent with
            section 211(b) of the Compact to the Government of the
            United States for concurrence at intervals no greater
            than every 5 years for the duration of the Compact. Any
            capital construction project and any planned
            independent purchase of aircraft which is to be
            financed (directly or indirectly) through the use of
            funds provided under section 211 of the Compact shall
            be identified in the economic development plans.
              (2) United states government review.--The United
            States shall not concur in those development plans
            described in paragraph (1) of this subsection until--
                      (A) after the President of the United States
                    has conducted a review and reported the
                    findings of the President to the Congress; and
                      (B) the Congress has had 30 days (excluding
                    days on which both Houses of Congress are not
                    in session) to review the findings of the
                    President.
              (3) Report.--The President shall complete the review
            under paragraph (2) and shall report the findings no
            later than 60 days after the President's receipt of
            such plans.
              (4) Views and comments.--The report shall include the
            views of the Secretary of the Interior, the
            Administrator of the Agency for International
            Development, and the heads of such other Executive
            departments as the President may decide to include in
            the report, as well as any comments which the Marshall
            Islands may wish to have included.
        (c) Ejit.--(1) The President of the United States shall
    negotiate with the Government of the Marshall Islands an
    agreement whereby, without prejudice as to any claims which
    have been or may be asserted by any party as to rightful title
    and ownership of any lands on Ejit, the Government of the
    Marshall Islands shall assure that lands on Ejit used as of
    January 1, 1985, by the people of Bikini, will continue to be
    available without charge for their use, until such time as
    Bikini is restored and inhabitable and the continued use of
    Ejit is no longer necessary, unless a Marshall Islands court of
    competent jurisdiction finally determines that there are legal
    impediments to continued use of Ejit by the people of Bikini.
        (2) If the impediments described in paragraph (1) do arise,
    the United States will cooperate with the Government of the
    Marshall Islands in assisting any person adversely affected by
    such judicial determination to remain on Ejit, or in locating
    suitable and acceptable alternative lands for such person's
    use.
        (3) Paragraph (1) shall not be applied in a manner which
    would prevent the Government of the Marshall Islands from
    acting in accordance with its constitutional processes to
    resolve title and ownership claims with respect to such lands
    or from taking substitute or additional measures to meet the
    needs of the people of Bikini with their democratically
    expressed consent and approval.
        (d) Kwajalein Payments.--
              (1) Statement of policy.--The Congress of the United
            States hereby declares that it is the policy of the
            United States that payment of funds by the Government
            of the Marshall Islands to the landowners of Kwajalein
            Atoll in accordance with the land use agreement dated
            October 19, 1982, and the related allocation
            agreements, is required in order to ensure that the
            Government of the United States will be able to fulfill
            its obligations and responsibilities under Title Three
            of the Compact and the subsidiary agreements concluded
            pursuant thereto.
              (2) Failure to pay.--In the event that the Government
            of the Marshall Islands fails to make payments in
            accordance with paragraph (1) of this subsection, the
            Government of the United States shall initiate
            procedures under Section 313 of the Compact and consult
            with the Government of the Marshall Islands with
            respect to the basis for such non-payment of funds. The
            United States shall expeditiously resolve the matter of
            any non-payment of funds as described in paragraph (1)
            of this subsection pursuant to Section 313 of the
            Compact and the authority and responsibility of the
            Government of the United States for security and
            defense matters in or relating to the Marshall Islands.
            This paragraph shall be enforced, as may be necessary,
            in accordance with section 105(g)(2) of this joint
            resolution.
              (3) Assistance.--The President is hereby authorized
            to make loans and grants to the Government of the
            Marshall Islands for the sole use of the Kwajalein
            Atoll Development Authority for the benefit of the
            Kwajalein landowners of amounts sought by such
            authority for development purposes, pursuant to a
            development plan for Kwajalein Atoll which such
            authority has adopted in accordance with applicable
            laws of the Marshall Islands. Such loans and grants
            shall be subject to such other terms and conditions as
            the President, in his discretion, may determine
            appropriate and necessary.
        (e) Section 177 Agreement.--(1) In furtherance of the
    purposes of Article I of the Subsidiary Agreement for
    Implementation of Section 177 of the Compact, the payment of
    the amount specified therein shall be made by the United States
    under Article I of the Agreement between the Government of the
    United States and the Government of the Marshall Islands for
    the Implementation of Section 177 of the Compact (hereafter in
    this subsection referred to as the ``Section 177 Agreement'')
    only after the Government of the Marshall Islands has notified
    the President of the United States as to which investment
    management firm has been selected by such Government to act as
    Fund Manager under Article I of the Section 177 Agreement.
        (2) In the event that the President determines that an
    investment management firm selected by the Government of the
    Marshall Islands does not meet the requirements specified in
    Article I of the Section 177 Agreement, the United States shall
    invoke the conference and dispute resolution procedures of
    Article II of Title Four of the Compact. Pending the resolution
    of such a dispute and until a qualified Fund Manager has been
    designated, the Government of the Marshall Islands shall place
    the funds paid by the United States pursuant to Article I of
    the Section 177 Agreement into an interest-bearing escrow
    account. Upon designation of a qualified Fund Manager, all
    funds in the escrow account shall be transferred to the control
    of such Fund Manager for management pursuant to the Section 177
    Agreement.
        (3) If the Government of the Marshall Islands determines
    that some other investment firm should act as Fund Manager in
    place of the firm first (or subsequently) selected by such
    Government, the Government of the Marshall Islands shall so
    notify the President of the United States, identifying the firm
    selected by such Government to become Fund Manager, and the
    President shall proceed to evaluate the qualifications of such
    identified firm.
        (4) At the end of 15 years after the effective date of the
    Compact, the firm then acting as Fund Manager shall transfer to
    the Government of the Marshall Islands, or to such account as
    such Government shall so notify the Fund Manager, all remaining
    funds and assets being managed by the Fund Manager under the
    Section 177 Agreement.
        (5) An annual report concerning all actions of the Fund
    Manager pursuant to the Section 177 Agreement and this joint
    resolution, including information prepared by the Fund Manager,
    shall be transmitted by the Government of the Marshall Islands
    to the Congress. Such report shall include such information
    (whether received from the Fund Manager or any other source) as
    relates to the disbursements provided for in Article II of the
    Section 177 Agreement. Such report shall be made public.
        (f) Nuclear Test Effects.--In approving the Compact, the
    Congress understands and intends that the peoples of Bikini,
    Enewetak, Rongelap, and Utrik, who were affected by the United
    States nuclear weapons testing program in the Marshall Islands,
    will receive the amounts of $75,000,000 (Bikini); $48,750,000
    (Enewetak), $37,500,000 (Rongelap); and $22,500,000 (Utrik),
    respectively, which amounts shall be paid out of proceeds from
    the fund established under Article I, section 1 of the
    subsidiary agreement for the implementation of section 177 of
    the Compact. The amounts specified in this subsection shall be
    in addition to any amounts which may be awarded to claimants
    pursuant to Article IV of the subsidiary agreement for the
    implementation of Section 177 of the Compact.
        (g) Espousal Provisions.--(1) It is the intention of the
    Congress of the United States that the provisions of section
    177 of the Compact of Free Association and the Agreement
    between the Government of the United States and the Government
    of the Marshall Islands for the Implementation of Section 177
    of the Compact (hereafter in this subsection referred to as the
    ``Section 177 Agreement'') constitute a full and final
    settlement of all claims described in Articles X and XI of the
    Section 177 Agreement, and that any such claims be terminated
    and barred except insofar as provided for in the Section 177
    Agreement.
        (2) In furtherance of the intention of Congress as stated
    in paragraph (1) of this subsection, the Section 177 Agreement
    is hereby ratified and approved. It is the explicit
    understanding and intent of Congress that the jurisdictional
    limitations set forth in Article XII of such Agreement are
    enacted solely and exclusively to accomplish the objective of
    Article X of such Agreement and only as a clarification of the
    effect of Article X, and are not to be construed or implemented
    separately from Article X.
        (h) DOE Radiological Health Care Program; USDA Agricultural
    and Food Programs.--
              (1) Marshall islands program.--Notwithstanding any
            other provision of law, upon the request of the
            Government of the Marshall Islands, the President
            (either through an appropriate department or agency of
            the United States or by contract with a United States
            firm) shall continue to provide special medical care
            and logistical support thereto for the remaining 174
            members of the population of Rongelap and Utrik who
            were exposed to radiation resulting from the 1954
            United States thermonuclear ``Bravo'' test, pursuant to
            Public Laws 95-134 and 96-205. Such medical care and
            its accompanying logistical support shall total
            $22,500,000 over the first 11 years of the Compact.
              (2) Agricultural and food programs.--Notwithstanding
            any other provision of law, upon the request of the
            Government of the Marshall Islands, for the fifteen \7\
            five years after the effective date of the Compact, the
            President (either through an appropriate department or
            agency of the United States or by contract with a
            United States firm) shall provide technical and other
            assistance--
    ---------------------------------------------------------------------------
        \7\ Sec. 2 of Public Law 105-209 (112 Stat. 880) struck out
    ``ten'', inserted in lieu thereof ``fifteen'', and added the last
    sentence of subpara. (B). Previously, sec. 304 of the Omnibus Insular
    Areas Act of 1992 (Public Law 102-247; 106 Stat. 33) struck out
    ``five'' and inserted in lieu thereof ``ten''.
    ---------------------------------------------------------------------------
                      (A) without reimbursement, to continue the
                    planting and agricultural maintenance program
                    on Enewetak;
                      (B) without reimbursement, to continue the
                    food programs of the Bikini and Enewetak people
                    described in section 1(d) of Article II of the
                    Subsidiary Agreement for the Implementation of
                    Section 177 of the Compact and for continued
                    waterborne transportation of agricultural
                    products to Enewetak including operations and
                    maintenance of the vessel used for such
                    purposes. The President shall ensure the
                    assistance provided under these programs
                    reflects the changes in the population since
                    the inception of such programs.\7\
              (3) Payments.--Payments under this subsection shall
            be provided to such extent or in such amounts as are
            necessary for services and other assistance provided
            pursuant to this subsection. It is the sense of
            Congress that after the periods of time specified in
            paragraphs (1) and (2) of this subsection,
            consideration will be given to such additional funding
            for these programs as may be necessary.
        (i) Rongelap.--(1) Because Rongelap was directly affected
    by fallout from a 1954 United States thermonuclear test and
    because the Rongelap people remain unconvinced that it is safe
    to continue to live on Rongelap Island, it is the intent of
    Congress to take such steps (if any) as may be necessary to
    overcome the effects of such fallout on the habitability of
    Rongelap Island, and to restore Rongelap Island, if necessary,
    so that it can be safely inhabited. Accordingly, it is the
    expectation of the Congress that the Government of the Marshall
    Islands shall use such portion of the funds specified in
    Article II, section 1(e) of the subsidiary agreement for the
    implementation of section 177 of the Compact as are necessary
    for the purpose of contracting with a qualified scientist or
    group of scientists to review the data collected by the
    Department of Energy relating to radiation levels and other
    conditions on Rongelap Island resulting from the thermonuclear
    test. It is the expectation of the Congress that the Government
    of the Marshall Islands, after consultation with the people of
    Rongelap, shall select the party to review such data, and shall
    contract for such review and for submission of a report to the
    President of the United States and the Congress as to the
    results thereof.
        (2) The purpose of the review referred to in paragraph (1)
    of this subsection shall be to establish whether the data cited
    in support of the conclusions as to the habitability of
    Rongelap Island, as set forth in the Department of Energy
    report entitled: ``The Meaning of Radiation for Those Atolls in
    the Northern Part of the Marshall Islands That Were Surveyed in
    1978'', dated November 1982, are adequate and whether such
    conclusions are fully supported by the data. If the party
    reviewing the data concludes that such conclusions as to
    habitability are fully supported by adequate data, the report
    to the President of the United States and the Congress shall so
    state. If the party reviewing the data concludes that the data
    are inadequate to support such conclusions as to habitability
    or that such conclusions as to habitability are not fully
    supported by the data, the Government of the Marshall Islands
    shall contract with an appropriate scientist or group of
    scientists to undertake a complete survey of radiation and
    other effects of the nuclear testing program relating to the
    habitability of Rongelap Island. Such sums as are necessary for
    such survey and report concerning the results thereof and as to
    steps needed to restore the habitability of Rongelap Island are
    authorized to be made available to the Government of the
    Marshall Islands.
        (3) It is the intent of Congress that such steps (if any)
    as are necessary to restore the habitability of Rongelap Island
    and return the Rongelap people to their homeland will be taken
    by the United States in consultation with the Government of the
    Marshall Islands and, in accordance with its authority under
    the Constitution of the Marshall Islands, the Rongelap local
    government council.
        (j) Four Atoll Health Care Program.--(1) Services provided
    by the United States Public Health Service or any other United
    States agency pursuant to section 1(a) of Article II of the
    Agreement for the Implementation of Section 177 of the Compact
    (hereafter in this subsection referred to as the ``Section 177
    Agreement'') shall be only for services to the people of the
    Atolls of Bikini, Enewetak, Rongelap, and Utrik who were
    affected by the consequences of the United States nuclear
    testing program, pursuant to the program described in Public
    Law 95-134 and Public Law 96-205 and their descendants (and any
    other persons identified as having been so affected if such
    identification occurs in the manner described in such public
    laws). Nothing in this subsection shall be construed as
    prejudicial to the views or policies of the Government of the
    Marshall Islands as to the persons affected by the consequences
    of the United States nuclear testing program.
        (2) At the end of the first year after the effective date
    of the Compact and at the end of each year thereafter, the
    providing agency or agencies shall return to the Government of
    the Marshall Islands any unexpended funds to be returned to the
    Fund Manager (as described in Article I of the Section 177
    Agreement) to be covered into the Fund to be available for
    future use.
        (3) The Fund Manager shall retain the funds returned by the
    Government of the Marshall Islands pursuant to paragraph (2) of
    this subsection, shall invest and manage such funds, and at the
    end of 15 years after the effective date of the Compact, shall
    make from the total amount so retained and the proceeds thereof
    annual disbursements sufficient to continue to make payments
    for the provision of health services as specified in paragraph
    (1) of this subsection to such extent as may be provided in
    contracts between the Government of the Marshall Islands and
    appropriate United States providers of such health services.
        (k) Enjebi Community Trust Fund.--Notwithstanding any other
    provision of law, the Secretary of the Treasury shall establish
    on the books of the Treasury of the United States a fund having
    the status specified in Article V of the subsidiary agreement
    for the implementation of Section 177 of the Compact, to be
    known as the ``Enjebi Community Trust Fund'' (hereafter in this
    subsection referred to as the ``Fund''), and shall credit to
    the Fund the amount of $7,500,000.\8\ Such amount, which shall
    be ex gratia, shall be in addition to and not charged against
    any other funds provided for in the Compact and its subsidiary
    agreements, this joint resolution, or any other Act. Upon
    receipt by the President of the United States of the agreement
    described in this subsection, the Secretary of the Treasury,
    upon request of the Government of the Marshall Islands, shall
    transfer the Fund to the Government of the Marshall Islands,
    provided that the Government of the Marshall Islands agrees as
    follows:
    ---------------------------------------------------------------------------
        \8\ The Department of the Interior and Related Agencies
    Appropriations Act, 1989 (Public Law 100-446; 102 Stat. 1774 at 1798),
    provided $2,500,000 for this Fund, to remain available until expended.
    ---------------------------------------------------------------------------
              (1) Enjebi Trust Agreement.--The Government of the
            Marshall Islands and the Enewetak Local Government
            Council, in consultation with the people of Enjebi,
            shall provide for the creation of the Enjebi Community
            Trust Fund and the employment of the manager of the
            Enewetak Fund established pursuant to the Section 177
            Agreement as trustee and manager of the Enjebi
            Community Trust Fund, or, should the manager of the
            Enewetak Fund not be acceptable to the people of
            Enjebi, another United States investment manager with
            substantial experience in the administration of trusts
            and with funds under management in excess of 250
            million dollars.
              (2) Monitor conditions.--Upon the request of the
            Government of the Marshall Islands, the United States
            shall monitor the radiation and other conditions on
            Enjebi and within one year of receiving such a request
            shall report to the Government of the Marshall Islands
            when the people of Enjebi may resettle Enjebi under
            circumstances where the radioactive contamination at
            Enjebi, including contamination derived from
            consumption of locally grown food products, can be
            reduced or otherwise controlled to meet whole body
            Federal radiation protection standards for the general
            population, including mean annual dose and mean 30-year
            cumulative dose standards.
              (3) Resettlement of Enjebi.--In the event that the
            United States determines that the people of Enjebi can
            within 25 years of the date of the enactment of this
            joint resolution resettle Enjebi under the conditions
            set forth in paragraph (2) of this subsection, then
            upon such determination there shall be available to the
            people of Enjebi from the Fund such amounts as are
            necessary for the people of Enjebi to do the following,
            in accordance with a plan developed by the Enewetak
            Local Government Council and the people of Enjebi, and
            concurred with by the Government of the Marshall
            Islands to assure consistency with the government's
            overall economic development plan:
                      (A) Establish a community on Enjebi Island
                    for the use of the people of Enjebi.
                      (B) Replant Enjebi with appropriate food-
                    bearing and other vegetation.
              (4) Resettlement of other location.--In the event
            that the United States determines that within 25 years
            of the date of the enactment of this joint resolution
            the people of Enjebi cannot resettle Enjebi without
            exceeding the radiation standards set forth in
            paragraph (2) of this subsection, then the fund manager
            shall be directed by the trust instrument to distribute
            the Fund to the people of Enjebi for their resettlement
            at some other location in accordance with a plan,
            developed by the Enewetak Local Government Council and
            the people of Enjebi and concurred with by the
            Government of the Marshall Islands, to assure
            consistency with the government's overall economic
            development plan.
              (5) Interest from fund.--Prior to and during the
            distribution of the corpus of the Fund pursuant to
            paragraphs (3) and (4) of this subsection, the people
            of Enjebi may, if they so request, receive the interest
            earned by the Fund on no less frequent a basis than
            quarterly.
              (6) Disclaimer of liability.--Neither under the laws
            of the Marshall Islands nor under the laws of the
            United States, shall the Government of the United
            States be liable for any loss or damage to person or
            property in respect to the resettlement of Enjebi by
            the people of Enjebi, pursuant to the provision of this
            subsection or otherwise.
        (l) Bikini Atoll Cleanup.--
              (1) Declaration of policy.--The Congress hereby
            determines and declares that it is the policy of the
            United States, to be supported by the full faith and
            credit of the United States, that because the United
            States, through its nuclear testing and other
            activities, rendered Bikini Atoll unsafe for habitation
            by the people of Bikini, the United States will fulfill
            its responsibility for restoring Bikini Atoll to
            habitability, as set forth in paragraphs (2) and (3) of
            this subsection.
              (2) Cleanup funds.--There are hereby authorized to be
            appropriated \9\ such sums as are necessary to
            implement the settlement agreement of March 15, 1985,
            in The People of Bikini, et al. against United States
            of America, et al., Civ. No. 84-0425 (D. Ha.).
    ---------------------------------------------------------------------------
        \9\ The Department of the Interior and Related Agencies
    Appropriations Act, 1989 (Public Law 100-446; 102 Stat. 1774 at 1798),
    contained the following provision:
        ``* * * Provided further, That in full satisfaction of the
    obligation of the United States to provide funds to assist in the
    resettlement and rehabilitation of Bikini Atoll by the People of
    Bikini, to which the full faith and credit of the United States is
    pledged pursuant to section 103(l) of Public Law 99-239, the United
    States shall deposit $90,000,000 into the Resettlement Trust Fund for
    the People of Bikini established pursuant to Public Law 97-257, and
    governed pursuant to the terms of such trust instrument, such deposit
    to be installments of $5,000,000 on October 1, 1988; $22,0000,000 on
    October 1, 1989; $21,000,000 on October 1, 1990; $21,000,000 on October
    1, 1991; and $21,000,000 on October 1, 1992; * * * ''.
        Sec. 2 of the Bikini Resettlement and Relocation Act of 2000
    (Public Law 106-188; 114 Stat. 228) further provided the following:
        ``Three percent of the market value as of June 1, 1999, of the
    Resettlement Trust Fund for the People of Bikini, established pursuant
    to Public Law 97-257, shall be made available for immediate ex gratia
    distribution to the people of Bikini, provided such distribution does
    not reduce the corpus of the trust fund. The amount of such
    distribution shall be deducted from any additional ex gratia payments
    that may be made by the Congress into the Resettlement Trust Fund.''.
    ---------------------------------------------------------------------------
              (3) Conditions of funding.--The funds referred to in
            paragraph (2) shall be made available pursuant to
            Article VI, Section 1 of the Compact Section 177
            Agreement upon completion of the events set forth in
            the settlement agreement referred to in paragraph (2)
            of this subsection.
        (m) Agreement on Audits.--In accordance with section 233 of
    the Compact, the President of the United States, in
    consultation with the Comptroller General of the United States,
    shall negotiate with the Government of the Marshall Islands an
    agreement which shall provide as follows:
              (1) General authority of the gao to audit.--
                      (A) The Comptroller General of the United
                    States (and his duly authorized
                    representatives) shall have the authority to
                    audit--
                              (i) all grants, program assistance,
                            and other assistance provided to the
                            Government of the Marshall Islands
                            under Articles I and II of Title Two of
                            the Compact; and
                              (ii) any other assistance provided by
                            the Government of the United States to
                            the Government of the Marshall Islands.
                    Such authority shall include authority for the
                    Comptroller General to conduct or cause to be
                    conducted any of the audits provided for in
                    section 233 of the Compact. The authority
                    provided in this paragraph shall continue for
                    at least three years after the last such grant
                    has been made or assistance has been provided.
                      (B) The Comptroller General (and his duly
                    authorized representatives) shall also have
                    authority to review any audit conducted by or
                    on behalf of the Government of the United
                    States. In this connection, the Comptroller
                    General shall have access to such personnel and
                    to such records, documents, working papers,
                    automated data and files, and other information
                    relevant to such review.
              (2) GAO access to records.--
                      (A) In carrying out paragraph (1), the
                    Comptroller General (and his duly authorized
                    representatives) shall have such access to the
                    personnel and (without cost) to records,
                    documents, working papers, automated data and
                    files, and other information relevant to such
                    audits. The Comptroller General may duplicate
                    any such records, documents, working papers,
                    automated data and files, or other information
                    relevant to such audits.
                      (B) Such records, documents, working papers,
                    automated data and files, and other information
                    regarding each such grant or other assistance
                    shall be maintained for at least three years
                    after the date such grant or assistance was
                    provided and in a manner that permits such
                    grants, assistance, and payments to be
                    accounted for distinct from any other funds of
                    the Government of the Marshall Islands.
              (3) Representative status for gao representatives.--
            The Comptroller General and his duly authorized
            representatives shall be accorded the status set forth
            in Article V of Title One of the Compact.
              (4) Annual financial statements.--As part of the
            annual report submitted by the Government of the
            Marshall Islands under section 211 of the Compact, the
            Government shall include annual financial statements
            which account for the use of all of the funds provided
            by the Government of the United States to the
            Government under the Compact or otherwise. Such
            financial statements shall be prepared in accordance
            with generally accepted accounting procedures, except
            as may otherwise be mutually agreed. Not later than 180
            days after the end of the United States fiscal year
            with respect to which such funds were provided, each
            such statement shall be submitted to the President for
            audit and transmission to the Congress.
              (5) Definition of audits.--As used in this
            subsection, the term ``audits'' includes financial,
            program, and management audits, including determining--
                      (A) whether the Government of the Marshall
                    Islands has met the requirements set forth in
                    the Compact, or any related agreement entered
                    into under the Compact, regarding the purposes
                    for which such grants and other assistance are
                    to be used; and
                      (B) the propriety of the financial
                    transactions of the Government of the Marshall
                    Islands pursuant to such grants or assistance.
              (6) Cooperation by marshall islands.--The Government
            of the Marshall Islands will cooperate fully with the
            Comptroller General of the United States in the conduct
            of such audits as the Comptroller General determines
            necessary to enable the Comptroller General to fully
            discharge his responsibilities under this joint
            resolution.

    SEC. 104.\10\ INTERPRETATION OF AND UNITED STATES POLICY REGARDING
                        COMPACT OF FREE ASSOCIATION.

        (a) Human Rights.--In approving the Compact, the Congress
    notes the conclusion in the Statement of Intent of the Report
    of The Future Political Status Commission of the Congress of
    Micronesia in July, 1969, that ``our recommendation of a free
    associated state is indissolubly linked to our desire for such
    a democratic, representative, constitutional government'' and
    notes that such desire and intention are reaffirmed and
    embodied in the Constitutions of the Federated States of
    Micronesia and the Marshall Islands. The Congress also notes
    and specifically endorses the preamble to the Compact, which
    affirms that the governments of the parties to the Compact are
    founded upon respect for human rights and fundamental freedoms
    for all. The Secretary of State shall include in the annual
    reports on the status of internationally recognized human
    rights in foreign countries, which are submitted to the
    Congress pursuant to sections 116 and 502B of the Foreign
    Assistance Act of 1961, a full and complete report regarding
    the status of internationally recognized human rights in the
    Federated States of Micronesia and the Marshall Islands.
    ---------------------------------------------------------------------------
        \10\ 48 U.S.C. 1904.
    ---------------------------------------------------------------------------
        (b) Immigration.--The rights of a bona fide naturalized
    citizen of the Marshall Islands or the Federated States of
    Micronesia to enter the United States, to lawfully engage
    therein in occupations, and to establish residence therein as a
    non-immigrant, pursuant to the provisions of section 141(a)(3)
    of the Compact, shall not extend to any such naturalized
    citizen with respect to whom circumstances associated with the
    acquisition of the status of a naturalized citizen are such as
    to allow a reasonable inference, on the part of appropriate
    officials of the United States and subject to United States
    procedural requirements, that such naturalized status was
    acquired primarily in order to obtain such rights.
        (c) Nonalienation of Lands.--The Congress endorses and
    encourages the maintenance of the policies of the Government of
    the Federated States of Micronesia and the Government of the
    Marshall Islands to regulate, in accordance with their
    Constitutions and laws, the alienation of permanent and long-
    term interests in real property so as to restrict the
    acquisition of such interests to persons of Federated States of
    Micronesia citizenship and Marshall Islands citizenship,
    respectively.
        (d) Nuclear Waste Disposal.--In approving the Compact, the
    Congress understands that the Government of the Federated
    States of Micronesia and the Government of the Marshall Islands
    will not permit any other government or any nongovernmental
    party to conduct, in the Marshall Islands or in the Federated
    States of Micronesia, any of the activities specified in
    subsection (a) of section 314 of the Compact.
        (e) Impact of Compact on U.S. Areas.--
              (1) Statement of congressional intent.--In approving
            the Compact, it is not the intent of the Congress to
            cause any adverse consequences for the United States
            territories and commonwealths or the State of Hawaii.
              (2) Annual reports and recommendations.--One year
            after the date of enactment of this joint resolution
            and at one year intervals thereafter, the Governor of
            any of the United States territories or commonwealths
            or the State of Hawaii may report to the Secretary of
            the Interior by February 1 of each year with respect to
            the impacts of the compacts of free association on the
            Governor's respective jurisdiction. The Secretary of
            the Interior shall review and forward any such reports
            to the Congress with the comments of the
            Administration. The Secretary of the Interior shall,
            either directly or, subject to available technical
            assistance funds, through a grant to the affected
            jurisdiction, provide for a census of Micronesians at
            intervals no greater than 5 years from each decennial
            United States census using generally acceptable
            statistical methodologies for each of the impact
            jurisdictions where the Governor requests such
            assistance, except that the total expenditures to carry
            out this sentence may not exceed $300,000 in any
            year.\11\ Reports submitted pursuant to this paragraph
            (hereafter in this subsection referred to as
            ``reports'') shall identify any adverse consequences
            resulting from the Compact and shall make
            recommendations for corrective action to eliminate
            those consequences. The reports shall pay particular
            attention to matters relating to trade, taxation,
            immigration, labor laws, minimum wages, social systems
            and infrastructure, and environmental regulation. With
            regard to immigration, the reports shall include
            statistics concerning the number of persons availing
            themselves of the rights described in section 141(a) of
            the Compact during the year covered by each report.
            With regard to trade, the reports shall include an
            analysis of the impact on the economy of American Samoa
            resulting from imports of canned tuna into the United
            States from the Federated States of Micronesia and the
            Marshall Islands.
    ---------------------------------------------------------------------------
        \11\ Sec. 2 of Public Law 106-504 (114 Stat. 2311) struck out
    ``President shall report to the Congress with respect to the impact of
    the Compact on the United States territories and commonwealths and on
    the State of Hawaii.'' and inserted in lieu thereof the text to this
    point beginning with ``Governor of any of the United States
    territories''.
    ---------------------------------------------------------------------------
              (3) Other views.--In preparing the reports, the
            President shall request the views of the Government of
            the State of Hawaii, and the governments of each of the
            United States territories and commonwealths, the
            Federated States of Micronesia, the Marshall Islands,
            and Palau, and shall transmit the full text of any such
            views to the Congress as part of such reports.
              (4) Commitment of congress to redress adverse
            consequences.--The Congress hereby declares that, if
            any adverse consequences to United States territories
            and commonwealths or the State of Hawaii result from
            implementation of the Compact of Free Association, the
            Congress will act sympathetically and expeditiously to
            redress those adverse consequences.
              (5) Definition of u.s. territories and
            commonwealths.--As used in this subsection, the term
            ``United States territories and commonwealths'' means
            the Commonwealth of Puerto Rico, the Virgin Islands,
            Guam, American Samoa, and the Commonwealth of the
            Northern Mariana Islands.
              (6) Impact costs.--There are hereby authorized to be
            appropriated for fiscal years beginning after September
            30, 1985, such sums as may be necessary to cover the
            costs, if any, incurred by the State of Hawaii, the
            territories of Guam and American Samoa, and the
            Commonwealth of the Northern Mariana Islands resulting
            from any increased demands placed on educational and
            social services by immigrants from the Marshall Islands
            and the Federated States of Micronesia.
        (f) Fisheries Management.--In clarification of Title One,
    Article II, section 121(b)(1) of the Compact:
              (1) Nothing in the Compact or this joint resolution
            shall be interpreted as recognition by the United
            States of any claim by the Federated States of
            Micronesia or by the Marshall Islands to jurisdiction
            or authority over highly migratory species of fish
            during the time such species of fish are found outside
            the territorial sea of the Federated States of
            Micronesia or the Marshall Islands.
              (2) It is the understanding of Congress that none of
            the monies made available pursuant to the Compact or
            this joint resolution will be used by either the
            Federated States of Micronesia or the Marshall Islands
            for enforcement actions against any vessel of the
            United States on the basis of fishing by any such
            vessel for highly migratory species of fish outside the
            territorial sea of the Federated States of Micronesia
            or the Marshall Islands, respectively, in the absence
            of a licensing agreement.
              (3) Appropriate United States officials shall apply
            the policies and provisions of the Magnuson-Stevens
            Fishery Conservation and Management Act (16 U.S.C. 1801
            et seq.) \12\ and the Fishermen's Protective Act of
            1967 (22 U.S.C. 1971 et seq.) with regard to any action
            taken by the Federated States of Micronesia or the
            Marshall Islands affecting any vessel of the United
            States engaged in fishing for highly migratory species
            of fish in waters outside the territorial seas of the
            Federated States of Micronesia or the Marshall Islands,
            respectively. For the purpose of applying the
            provisions of section 5 of the Fishermen's Protective
            Act of 1967 (22 U.S.C. 1975), monies made available to
            either the Federated States of Micronesia or the
            Marshall Islands pursuant to the provisions of the
            Compact or this joint resolution shall be treated as
            ``assistance to the government of such country under
            the Foreign Assistance Act of 1961''. For purposes of
            this Act only, certification by the President in
            accordance with such section 5 shall be accompanied by
            a report to Congress on the basis for such
            certification, and such certification shall have no
            effect if by law Congress so directs prior to the
            expiration of 60 days during which Congress is in
            continuous session following the date of such
            certification.
    ---------------------------------------------------------------------------
        \12\ Sec. 211(b) of the Department of Commerce and Related Agencies
    Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public
    Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after
    the enactment of the Sustainable Fisheries Act [enacted October 11,
    1996], all references to the Magnuson Fishery Conservation and
    Management Act shall be redesignated as references to the Magnuson-
    Stevens Fishery Conservation and Management Act.''.
    ---------------------------------------------------------------------------
              (4) For the purpose of paragraphs (1) and (3) of this
            subsection--
                      (A) The term ``vessel of the United States''
                    has the same meaning as provided in the first
                    section of the Fishermen's Protective Act of
                    1967 (22 U.S.C. 1971).
                      (B) The terms ``fishing'' and ``highly
                    migratory species'' have the same meanings as
                    provided in paragraphs (10) and (14),
                    respectively, of section 3 of the Magnuson-
                    Stevens Fishery Conservation and Management Act
                    (16 U.S.C. 1802(10) and (14)).\12\
              (5)(A) It is the policy of the United States of
            America--
                      (i) to negotiate and conclude with the
                    governments of the Central, Western, and South
                    Pacific Ocean, including the Federated States
                    of Micronesia and the Marshall Islands, a
                    regional licensing agreement setting forth
                    agreed terms of access for United States tuna
                    vessels fishing in the region; and
                      (ii) that such an agreement should overcome
                    existing jurisdictional differences and provide
                    for a mutually beneficial relationship between
                    the United States and the Pacific Island States
                    that will promote the development of the tuna
                    and other latent fisheries resources of the
                    Central, Western, and South Pacific Ocean and
                    the economic development of the region.
              (B) At such time as an agreement referred to in
            subparagraph (A) is submitted to the Senate for advice
            and consent to ratification, the Secretary of State,
            after consultation with the Secretary of Commerce and
            other interested agencies and concerned governments,
            shall submit to the Congress a proposed long term
            regional fisheries development program which may
            include, but not be limited to--
                      (i) exploration for, and stock assessment of,
                    tuna and other fish;
                      (ii) improvement of harvesting techniques;
                      (iii) gear development;
                      (iv) biological resource monitoring;
                      (v) education and training in the field of
                    fisheries; and
                      (vi) regional and direct bilateral assistance
                    in the field of fisheries.
        (g) Foreign Loans.--The Congress hereby reaffirms the
    United States position that the United States Government is not
    responsible for foreign loans or debt obtained by the
    Governments of the Federated States of Micronesia and the
    Marshall Islands.

    SEC. 105.\13\ SUPPLEMENTAL PROVISIONS.

        (a) Domestic Program Requirements.--Except as may otherwise
    be provided in this joint resolution, all United States Federal
    programs and services extended to or operated in the Federated
    States of Micronesia or the Marshall Islands are and shall
    remain subject to all applicable criteria, standards, reporting
    requirements, auditing procedures, and other rules and
    regulations applicable to such programs when operating in the
    United States (including its territories and commonwealths).
    ---------------------------------------------------------------------------
        \13\ 48 U.S.C. 1905.
    ---------------------------------------------------------------------------
        (b) Relations With the Federated States of Micronesia and
    the Marshall Islands.--
              (1) The United States representatives to the
            Federated States of Micronesia and the Republic of the
            Marshall Islands pursuant to Article V of title I of
            the Compact shall be appointed by the President with
            the advice and consent of the Senate, and shall be
            under the supervision of the Secretary of State, who
            shall have responsibility for government to government
            relations between the United States and the Government
            with respect to whom they are appointed, consistent
            with the authority of the Secretary of the Interior as
            set forth in this section.
              (2) Appropriations made pursuant to the Compact or
            any other provision of this joint resolution may be
            made only to the Secretary of the Interior, who shall
            coordinate and monitor any program or activity provided
            to the Federated States of Micronesia or the Republic
            of the Marshall Islands by departments and agencies of
            the Government of the United States and related
            economic development planning pursuant to the Compact
            or pursuant to any other authorization except for the
            provisions of sections 161(e), 313, and 351 of the
            Compact and the authorization of the President to agree
            to an effective date pursuant to this resolution. Funds
            appropriated to the Secretary of the Interior pursuant
            to this paragraph shall not be allocated to other
            Departments or agencies.
              (3) All programs and services provided to the
            Federated States of Micronesia and the Republic of the
            Marshall Islands by Federal agencies may be provided
            only after consultation with and under the supervision
            of the Secretary of the Interior, and the head of each
            Federal agency is directed to cooperate with the
            Secretary of the Interior and to make such personnel
            and services available as the Secretary of the Interior
            may request.
              (4) Any United States Government personnel assigned,
            on a temporary or permanent basis, to either the
            Federated States of Micronesia or the Marshall Islands
            shall, during the period of such assignment, be subject
            to the supervision of the United States representative
            to that area.
              (5) The President is hereby authorized to appoint an
            Interagency Group on Freely Associated States' Affairs
            to provide policy guidance to federal departments and
            agencies. Such interagency group shall include the
            Secretary of the Interior and the Secretary of State.
        (c) Continuing Trust Territory Authorization.--The
    authorization provided by the Act of June 30, 1954, as amended
    (68 Stat. 330) shall remain available after the effective date
    of the Compact with respect to the Federated States of
    Micronesia and the Marshall Islands for the following purposes:
              (1) Prior to October 1, 1986, for any purpose
            authorized by the Compact or this joint resolution.
              (2) Transition purposes, including but not limited
            to, completion of projects and fulfillment of
            commitments or obligations; termination of the Trust
            Territory Government and termination of the High Court;
            health and education as a result of exceptional
            circumstances; ex gratia contributions for the
            populations of Bikini, Enewetak, Rongelap, and Utrik;
            and technical assistance and training in financial
            management, program administration, and maintenance of
            infrastructure.
        (d) Medical Referral Debts.--
              (1) Federated states of micronesia.--In addition to
            the funds provided in Title Two, Article II, section
            221(b) of the Compact, following approval of the
            Compact with respect to the Federated States of
            Micronesia, the United States shall make available to
            the Government of the Federated States of Micronesia
            such sums as may be necessary for the payment of the
            obligations incurred for the use of medical facilities
            in the United States, including any territories and
            commonwealths, by citizens of the Federated States of
            Micronesia before September 1, 1985.
              (2) Marshall islands.--In addition to the funds
            provided in Title Two, Article II, section 221(b) of
            the Compact, following approval of the Compact with
            respect to the Marshall Islands, the United States
            shall make available to the Government of the Marshall
            Islands such sums as may be necessary for the payment
            of the obligations incurred for the use of medical
            facilities in the United States, its territories and
            commonwealths by citizens of the Marshall Islands
            before September 1, 1985.
              (3) Use of funds.--In making funds available pursuant
            to this subsection, the President shall take such
            actions as he deems necessary to assure that the funds
            are used only for the payment of the medical expenses
            described in paragraph (1) or (2) of this subsection,
            as the case may be.
              (4) Authorization of appropriations.--There are
            hereby authorized to be appropriated such sums as may
            be necessary for the purposes of this subsection.
        (e) Survivability.--In furtherance of the provisions of
    Title Four, Article V, sections 452 and 453 of the Compact, any
    provisions of the Compact which remain effective after the
    termination of the Compact by the act of any party thereto and
    which are affected in any manner by provisions of this title
    shall remain subject to such provisions.
        (f) Registration for Agents of Micronesian Governments.--
              (1) In general.--Notwithstanding the provisions of
            Title One, Article V, section 153 of the Compact, after
            approval of the Compact any citizen of the United
            States who, without authority of the United States,
            acts as the agent of the Government of the Marshall
            Islands or the Federated States of Micronesia with
            regard to matters specified in the provisions of the
            Foreign Agents Registration Act of 1938, as amended (22
            U.S.C. 611 et seq.) that apply with respect to an agent
            of a foreign principal shall be subject to the
            requirements of such Act. Failure to comply with such
            requirements shall subject such citizen to the same
            penalties and provisions of law as apply in the case of
            the failure of such an agent of a foreign principal to
            comply with such requirements. For purposes of the
            Foreign Agents Registration Act of 1938, the Federated
            States of Micronesia and the Marshall Islands shall be
            considered to be foreign countries.
              (2) Exception.--Paragraph (1) of this subsection
            shall not apply to a citizen of the United States
            employed by either the Government of the Marshall
            Islands or the Government of the Federated States of
            Micronesia with respect to whom the employing
            Government from time to time certifies to the
            Government of the United States that such citizen is an
            employee of the Government of the Marshall Islands or
            the Government of the Federated States of Micronesia
            (as the case may be) whose principal duties are other
            than those matters specified in the Foreign Agents
            Registration Act of 1938, as amended, that apply with
            respect to an agent of a foreign principal. The agency
            or officer of the United States receiving such
            certifications shall cause them to be filed with the
            Attorney General, who shall maintain a publicly
            available list of the persons so certified.
              (3) Resident representative exemption.--Nothing in
            this subsection shall be construed as amending section
            152(b) of the Compact.
        (g) Noncompliance Sanctions.--
              (1) Authority of president.--The President of the
            United States shall have no authority to suspend or
            withhold payments or assistance with respect to--
                      (A) section 177, 213, 216(a)(2), 216(a)(3),
                    221(b), or 223 of the Compact, or
                      (B) any agreements made pursuant to such
                    sections of the Compact,
            unless such suspension or withholding is imposed as a
            sanction due to noncompliance by the Government of the
            Federated States of Micronesia or the Government of the
            Marshall Islands (as the case may be) with the
            obligations and requirements of such sections of the
            Compact or such agreements.
              (2) Actions incompatible with united states
            authority.--The Congress expresses its understanding
            that the Governments of the Federated States of
            Micronesia and the Marshall Islands will not act in a
            manner incompatible with the authority and
            responsibility of the United States for security and
            defense matters in or related to the Federated States
            of Micronesia or the Marshall Islands pursuant to the
            Compact, including the agreements referred to in
            sections 462(j) and 462(k) thereof. The Congress
            further expresses its intention that any such act on
            the part of either such Government will be viewed by
            the United States as a material breach of the Compact.
            The Government of the United States reserves the right
            in the event of such a material breach of the Compact
            by the Government of the Federated States of Micronesia
            or the Government of the Marshall Islands to take
            action, including (but not limited to) the suspension
            in whole or in part of the obligations of the
            Government of the United States to that Government.
        (h) Continuing Programs and Laws.--
              (1) Federated states of micronesia and marshall
            islands.--In addition to the programs and services set
            forth in section 221 of the Compact, and pursuant to
            section 224 of the Compact, the programs and services
            of the following agencies shall be made available to
            the Federated States of Micronesia and to the Marshall
            Islands:
                      (A) the Legal Services Corporation;
                      (B) the Public Health Service; and
                      (C) the Farmers Home Administration (in the
                    Marshall Islands and each of the four States of
                    the Federated States of Micronesia: Provided,
                    That in lieu of continuation of the program in
                    the Federated States of Micronesia, the
                    President may agree to transfer to the
                    Government of the Federated States of
                    Micronesia without cost, the portfolio of the
                    Farmers Home Loan Administration applicable to
                    the Federated States of Micronesia and provide
                    such technical assistance in management of the
                    portfolio as may be requested by the Federated
                    States of Micronesia).
              (2) Palau.--Upon the effective date of the Compact,
            the laws of the United States generally applicable to
            the Trust Territory of the Pacific Islands shall
            continue to apply to the Republic of Palau and the
            Republic of Palau shall be eligible for such proportion
            of Federal assistance as it would otherwise have been
            eligible to receive under such laws prior to the
            effective date of the Compact, as provided in
            appropriation Acts or other Acts of Congress.
              (3) Section 219 determination.--The determination by
            the Government of the United States under section 219
            of the Compact shall be as provided in appropriation
            Acts.
              (4) Tort claims.--(A) At such time as the Trusteeship
            Agreement ceases to apply to either the Federated
            States of Micronesia or the Marshall Islands, the
            provisions of Section 178 of the Compact regarding
            settlement and payment of tort claims shall apply to
            employees of any federal agency of the Government of
            the United States which provides any service or carries
            out any other function pursuant to or in furtherance of
            any provisions of the Compact or this Act, except for
            provisions of Title Three of the Compact and of the
            subsidiary agreements related to such Title, in such
            area to which such Agreement formerly applied. For
            purposes of this subparagraph (B), persons providing
            such service or carrying out such function pursuant to
            a contract with a federal agency shall be deemed to be
            an employee of the contracting federal agency.
              (B) For purposes of the Federal Tort Claims Act (28
            U.S.C. 2671 et seq.), persons providing services to the
            people of the atolls of Bikini, Enewetak, Rongelap, and
            Utrik as described in Public Law 95-134 and Public Law
            96-205 pursuant to a contract with a Department or
            agency of the federal government shall be deemed to be
            an employee of the contracting Department or agency
            working in the United States. This subparagraph (B)
            shall expire when the Trusteeship Agreement is
            terminated with respect to the Marshall Islands.
              (5) \14\ The programs and services of the
            Environmental Protection Agency regarding PCB's shall,
            to the extent applicable, as appropriate, and in
            accordance with applicable law, be construed to be made
            available to such islands.
    ---------------------------------------------------------------------------
        \14\ Sec. 2704 of the Energy Policy Act of 1992 (Public Law 102-
    486; 106 Stat. 3120) added para. (5).
    ---------------------------------------------------------------------------
        (i) College of Micronesia; Education Programs.--
              (1) College of micronesia.--Notwithstanding any other
            provision of law, all funds which as of the date of the
            enactment of this joint resolution were appropriated
            for the use of the College of Micronesia System shall
            remain available for use by such college until
            expended. Until otherwise provided by Act of Congress,
            or until termination of the Compact, such college shall
            retain its status as a land-grant institution and its
            eligibility for all benefits and programs available to
            such land-grant institutions.
              (2) Federal education programs.--Pursuant to section
            224 of the Compact and upon the request of the affected
            Government, any Federal program providing financial
            assistance for education which, as of January 1, 1985,
            was providing financial assistance for education to the
            Federated States of Micronesia or the Marshall Islands
            or to any institution, agency, organization, or
            permanent resident thereof, including the College of
            Micronesia System, shall continue to provide such
            assistance to such institutions, agencies,
            organizations, and residents as follows:
                      (A) For the fiscal year in which the Compact
                    becomes effective, not to exceed $13,000,000;
                      (B) For the fiscal year beginning after the
                    end of the fiscal year in which the Compact
                    becomes effective, not to exceed $8,700,000;
                    and
                      (C) For the fiscal year immediately following
                    the fiscal year described in subparagraph (B),
                    not to exceed $4,300,000.
              (3) Authorization of appropriations.--There are
            hereby authorized to be appropriated such sums as are
            necessary for purposes of this subsection.
        (j) Trust Territory Debts to U.S. Federal Agencies.--
    Neither the Government of the Federated States of Micronesia
    nor the Government of the Marshall Islands shall be required to
    pay to any department, agency, independent agency, office, or
    instrumentality of the United States any amounts owed to such
    department, agency, independent agency, office, or
    instrumentality by the Government of the Trust Territory of the
    Pacific Islands as of the effective date of the Compact. There
    is authorized to be appropriated such sums as may be necessary
    to carry out the purposes of this subsection.
        (k) Use of DOD Medical Facilities.--Following approval of
    the Compact, the Secretary of Defense shall make available the
    medical facilities of the Department of Defense for use by
    citizens of the Federated States of Micronesia and the Marshall
    Islands who are properly referred to such facilities by
    government authorities responsible for provision of medical
    services in the Federated States of Micronesia and the Marshall
    Islands. The Secretary of Defense is hereby authorized to
    cooperate with such authorities in order to permit use of such
    medical facilities for persons properly referred by such
    authorities. The Secretary of Health and Human Services is
    hereby authorized and directed to continue to make the services
    of the National Health Service Corps available to the residents
    of the Federated States of Micronesia and the Marshall Islands
    to the same extent and for so long as such services are
    authorized to be provided to persons residing in any other
    areas within or outside the United States.
        (l) Technical Assistance.--Technical assistance may be
    provided pursuant to section 226 of the Compact by Federal
    agencies and institutions of the Government of the United
    States to the extent such assistance may be provided to States,
    territories, or units of local government. Such assistance by
    the Forest Service, the Soil Conservation Service, the Fish and
    Wildlife Service, the National Marine Fisheries Service, the
    United States Coast Guard, and the Advisory Council on Historic
    Preservation, the Department of the Interior, and other
    agencies providing assistance under the National Historic
    Preservation Act (80 Stat. 915; 16 U.S.C. 470-470t), shall be
    on a nonreimbursable basis. During the period the Compact is in
    effect, the grant programs under the National Historic
    Preservation Act shall continue to apply to the Federated
    States of Micronesia and the Marshall Islands in the same
    manner and to the same extent as prior to the approval of the
    Compact. Funds provided pursuant to sections 102(a), 103(a),
    103(c), 103(h), 103(i), 103(j), 103(l), 105(c), 105(i), 105(j),
    105(k), 105(l), 105(m), 105(n), and 105(o) of this joint
    resolution shall be in addition to and not charged against any
    amounts to be paid to either the Federated States of Micronesia
    or the Marshall Islands pursuant to the Compact or the
    subsidiary agreements.
        (m) Prior Service Benefits Program.--Notwithstanding any
    other provision of law, persons who on January 1, 1985, were
    eligible to receive payment under the Prior Service Benefits
    Program established within the Social Security System of the
    Trust Territory of the Pacific Islands because of their
    services performed for the United States Navy or the Government
    of the Trust Territory of the Pacific Islands prior to July 1,
    1968, shall continue to receive such payments on and after the
    effective date of the Compact.
      (n) Indefinite Land Use Payments.--There are authorized to be
    appropriated such sums as may be necessary to complete
    repayment by the United States of any debts owed for the use of
    various lands in the Federated States of Micronesia and the
    Marshall Islands prior to January 1, 1985.
        (o) Communicable Disease Control Program.--There are
    authorized to be appropriated for grants to the Government of
    the Federated States of Micronesia such sums as may be
    necessary for purposes of establishing or continuing programs
    for the control and prevention of communicable diseases,
    including (but not limited to) cholera and Hansen's Disease.
    The Secretary of the Interior shall assist the Government of
    the Federated States of Micronesia in designing and
    implementing such a program.
        (p) Trust Funds.--The responsibilities of the United States
    with regard to implementation of section 235 of the Compact
    shall be discharged by the Secretary of the Interior, who shall
    consult with the Government of the Marshall Islands and the
    designated beneficiaries of the funds held in trust by the High
    Commissioner of the Trust Territory of the Pacific Islands.
        (q) Annual Reports on Determinations Under Compact Section
    313.--The President shall report annually to the Congress on
    determinations made by the United States in the exercise of its
    authority under section 313 of the Compact. Each such report
    shall describe the following, on a classified basis if
    necessary:
              (1) The actions that the Government of the Federated
            States of Micronesia or the Government of the Marshall
            Islands were required to refrain from pursuant to the
            determinations of the United States.
              (2) The justification for each determination by the
            United States, and the position of the other Government
            concerned with respect to such determination.
              (3) The effect of the determination on the authority
            and responsibility of the other government to conduct
            foreign affairs in accordance with section 121 of the
            Compact.
              (4) Any domestic effect in the Federated States of
            Micronesia or the Marshall Islands resulting from the
            determination, including any restriction on the civil
            and political rights of the citizens thereof.
        (r) User Fees.--Any person in the Federated States of
    Micronesia or the Marshall Islands shall be liable for user
    fees, if any, for services provided in the Federated States of
    Micronesia or the Marshall Islands by the Government of the
    United States to the same extent as any person in the United
    States would be liable for fees, if any, for such services in
    the United States.

    SEC. 106.\15\ CONSTRUCTION CONTRACT ASSISTANCE.

        (a) Assistance to U.S. Firms.--In order to assist the
    Governments of the Federated States of Micronesia and of the
    Marshall Islands through private sector firms which may be
    awarded contracts for construction or major repair of capital
    infrastructure within the Federated States of Micronesia or the
    Republic of the Marshall Islands, the President shall consult
    with the Governments of the Federated States of Micronesia and
    the Marshall Islands with respect to any such contracts, and
    the President shall enter into agreements with such firms
    whereby such firms will, consistent with applicable
    requirements of such Governments--
    ---------------------------------------------------------------------------
        \15\ 48 U.S.C. 1906.
    ---------------------------------------------------------------------------
              (1) to the maximum extent possible, employ citizens
            of the Federated States of Micronesia and the Marshall
            Islands;
              (2) to the extent that necessary skills are not
            possessed by citizens of the Federated States of
            Micronesia and the Marshall Islands, provide on the job
            training, with particular emphasis on the development
            of skills relating to operation of machinery and
            routine and preventative maintenance of machinery and
            other facilities; and
              (3) provide specific training or other assistance in
            order to enable the Government to engage in long-term
            maintenance of infrastructure.
    Assistance by such firms pursuant to this section may not
    exceed 20 percent of the amount of the contract and shall be
    made available only to such firms which meet the definition of
    United States firm under the nationality rule for suppliers of
    services of the Agency for International Development (hereafter
    in this section referred to as ``United States firms''). There
    are authorized to be appropriated such sums as may be necessary
    for the purposes of this subsection.
        (b) Authorization.--There are authorized to be appropriated
    such sums as may be necessary to cover any additional costs
    incurred by the Government of the Federated States of
    Micronesia or the Republic of the Marshall Islands if such
    Governments, pursuant to an agreement entered into with the
    United States, apply a preference on the award of contracts to
    United States firms, provided that the amount of such
    preference does not exceed 10 percent of the amount of the
    lowest qualified bid from a non-United States firm for such
    contract.

    SEC. 107.\16\ LIMITATIONS.

        (a) Prohibition.--The provisions of Chapter 11 of title 18,
    United States Code, shall apply in full to any individual who
    has served as the President's Personal Representative for
    Micronesian Status Negotiations or who is or was an officer or
    employee of the Office for Micronesian Status Negotiations or
    who is or was assigned or detailed to that Office or who served
    on the Micronesia Interagency Group, except that for the
    purposes of this section, clauses (i) and (ii) of section
    207(b) of such title shall read as follows: ``(i) having been
    so employed, within three years after his employment has
    ceased, knowingly acts as agent or attorney for, or otherwise
    represents, any other person (except the United States), in any
    formal or informal appearance before, or, with the intent to
    influence, makes any oral or written communication on behalf of
    any other person (except the United States) to, or (ii) having
    been so employed and as specified in subsection (d) of this
    section, within three years after his employment has ceased,
    knowingly represents or aids, counsels, advises, consults, or
    assists in representing any other person (except the United
    States) by personal presence at any formal or informal
    appearance before--''.
    ---------------------------------------------------------------------------
        \16\ 48 U.S.C. 1907.
    ---------------------------------------------------------------------------
        (b) Termination.--Effective upon the date of the
    termination of the Trust Territory of the Pacific Islands with
    respect to Palau, the Office for Micronesian Status
    Negotiations is abolished and no department, agency, or
    instrumentality of the United States shall thereafter
    contribute funds for the support of such Office.

    SEC. 108.\17\ TRANSITIONAL IMMIGRATION RULES.

        (a) Citizen of Northern Mariana Islands.--Any person who is
    a citizen of the Northern Mariana Islands, as that term is
    defined in section 24(b) of the Act of December 8, 1983 (97
    Stat. 1465), is considered a citizen of the United States for
    purposes of entry into, permanent residence, and employment in
    the United States and its territories and possessions.
    ---------------------------------------------------------------------------
        \17\ 48 U.S.C. 1908.
    ---------------------------------------------------------------------------
      (b) Termination.--The provisions of this section shall cease
    to be effective when section 301 of the Covenant to Establish a
    Commonwealth of the Northern Mariana Islands in Political Union
    With the United States (Public Law 94-241) becomes effective
    pursuant to section 1003(c) of the Covenant.

    SEC. 109.\18\ TIMING.

        No payment may be made pursuant to the Compact nor under
    any provision of this joint resolution prior to October 1,
    1985.
    ---------------------------------------------------------------------------
        \18\ 48 U.S.C. 1909.
    ---------------------------------------------------------------------------

    SEC. 110.\19\ IMPLEMENTATION OF AUDIT AGREEMENTS.

        (a) Transmission of Annual Financial Statement.--Upon
    receipt of the annual financial statement described in sections
    102(c)(4) and 103(m)(4), the President shall promptly transmit
    a copy of such statement to the Congress.
    ---------------------------------------------------------------------------
        \19\ 48 U.S.C. 1910.
    ---------------------------------------------------------------------------
        (b) Annual Audits by the President.--(1) The President
    shall cause an annual audit to be conducted of the annual
    financial statements described in sections 102(c)(4) and
    103(m)(4). Such audit shall be conducted in accordance with the
    Generally Accepted Government Auditing Standards promulgated by
    the Comptroller General of the United States. Such audit shall
    be submitted to the Congress not later than 180 days after the
    end of the United States fiscal year.
        (2) The President shall develop and implement procedures to
    carry out such audits. Such procedures shall include the
    matters described in sections 102(c)(2) and 103(m)(2) of this
    title.
        (c) Authority of GAO.--The Comptroller General of the
    United States shall have the authority to conduct the audits
    referred to in sections 102(c)(1) and 103(m)(1) of this title.

    SEC. 111.\20\ COMPENSATORY ADJUSTMENTS.

        (a) Additional Programs and Services.--In addition to the
    programs and services set forth in Section 221 of the Compact,
    and pursuant to Section 224 of the Compact, the services and
    programs of the following U.S. agencies shall be made available
    to the Federated States of Micronesia and the Marshall Islands:
    The Federal Deposit Insurance Corporation, Small Business
    Administration, Economic Development Administration, the Rural
    Electrification Administration, Job Partnership Training Act,
    Job Corps, and the programs and services of the Department of
    Commerce relating to tourism and to marine resource
    development.
    ---------------------------------------------------------------------------
        \20\ 48 U.S.C. 1911.
    ---------------------------------------------------------------------------
        (b)(1) Investment Development Funds.--In order to further
    close economic and commercial relations between the United
    States and the Federated States of Micronesia and the Marshall
    Islands, and in order to encourage the presence of the United
    States private sector in such areas, there are hereby created
    two Investment Development Funds, to be established and
    administered by the Federated States of Micronesia and the
    Marshall Islands respectively in consultation with the United
    States as follows:
              (i) For the Investment Development Fund for the
            Federated States of Micronesia there is hereby
            authorized to be appropriated for fiscal 1986, $20
            million, backed by the full faith and credit of the
            United States, of which $12 million shall be made
            available for obligation for the first full fiscal year
            after the effective date of the Compact, and of which
            $8 million shall be made available for obligation for
            the third full fiscal year after the effective date of
            the Compact.
              (ii) For the Investment Development Fund for the
            Marshall Islands there is hereby authorized to be
            appropriated $10 million for fiscal 1986, backed by the
            full faith and credit of the United States, of which $6
            million for the first full fiscal year after the
            effective date of the Compact, and of which $4 million
            shall be made available for obligation for the third
            full fiscal year after the effective date of the
            Compact.
        (2) The amounts specified in subsection (b) of this section
    shall be in addition to the sums and amounts specified in
    Articles I and III of Title Two of the Compact, and shall be
    deemed to be included in the sums and amounts referred to in
    section 236 of the Compact.
        (c) Board of Advisors.--To provide policy guidance for the
    Funds established by subsection (b) of this section, the
    President is hereby authorized to establish a Board of
    Advisors, pursuant to appropriate agreements between the United
    States and the Federated States of Micronesia and the Marshall
    Islands.
        (d) Further Amounts.--The governments of the Federated
    States of Micronesia and the Marshall Islands may submit to
    Congress reports concerning the overall financial and economic
    impacts on such areas resulting from the effect of Title IV of
    this joint resolution upon Title Two of the Compact. There are
    hereby authorized to be appropriated for fiscal years beginning
    after September 30, 1990, such amounts as may be necessary, but
    not to exceed $40 million for the Federated States of
    Micronesia and $20 million for the Marshall Islands, as
    provided in appropriation acts, to further compensate the
    governments of such islands (in addition to the compensation
    provided in subsections (a) and (b) of this section) for
    adverse impacts, if any, on the finances and economies of such
    areas resulting from the effect of Title IV of this joint
    resolution upon Title Two of the Compact. At the end of the
    initial fifteen-year term of the Compact, should any portion of
    the total amount of funds authorized in this subsection not
    have been appropriated, such amount not yet appropriated may be
    appropriated, without regard to divisions between amounts
    authorized in this subsection for the Federated States of
    Micronesia and for the Marshall Islands, based on either or
    both such government's showing of such adverse impact, if any,
    as provided in this subsection.

                     TITLE II--COMPACT OF FREE ASSOCIATION

    SEC. 201.\21\ COMPACT OF FREE ASSOCIATION.
    ---------------------------------------------------------------------------

        \21\ Sec. 201 set out the text of the Compact of Free Association.
    Sec. 201 of the Compact of Free Association Amendments Act of 2003
    (Public Law 108-188; 117 Stat. 2757) provides the current text of the
    Compact of Free Association, as amended.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 202.\22\ JURISDICTION.

        (a) With respect to section 321 of the Compact of Free
    Association and its related agreements, the jurisdictional
    provisions set forth in subsection (b) of this section shall
    apply only to the citizens and nationals of the United States
    and aliens lawfully admitted to the United States for permanent
    residence who are in the Marshall Islands or the Federated
    States of Micronesia.
    ---------------------------------------------------------------------------
        \22\ 48 U.S.C. 1912.
    ---------------------------------------------------------------------------
        (b)(1) The defense sites of the United States established
    in the Marshall Islands or the Federated States of Micronesia
    in accordance with the Compact of Free Association and its
    related agreements are within the special maritime and
    territorial jurisdiction of the United States as set forth in
    section 7, title 18, United States Code.
        (2) Any person referred to in subsection (a) of this
    section who within or upon such defense sites is guilty of any
    act or omission which, although not made punishable by any
    enactment of Congress, would be punishable if committed or
    omitted within the jurisdiction of the State of Hawaii by the
    laws thereof, in force at the time of such act or omission,
    shall be guilty of a like offense and subject to a like
    punishment.
        (3) The United States District Court for the District of
    Hawaii shall have jurisdiction to try all criminal offenses
    against the United States, including the laws of the State of
    Hawaii made applicable to the defense sites in the Marshall
    Islands or the Federated States of Micronesia by virtue of
    paragraph (2) of this subsection, committed by any person
    referred to in subsection (a) of this section.
        (4) The United States District Court for the District of
    Hawaii may appoint one or more Magistrates for the defense
    sites in the Marshall Islands. Such Magistrates shall have the
    power and the status of Magistrates appointed pursuant to
    chapter 43, title 28, United States Code, provided, however
    that such Magistrates shall have the power to try persons
    accused of and sentence persons convicted of petty offenses, as
    defined in section 1(3), title 18, United States Code,
    including violations of regulations for the maintenance of
    peace, order, and health issued by the Commanding Officer on
    such defense sites, without being subject to the restrictions
    provided for in section 3401(b), title 18, United States Code.

                       TITLE III--PACIFIC POLICY REPORTS

    SEC. 301.\23\ FINDINGS.

        The Congress finds that--
              (1) the United States does not have a clearly defined
            policy for United States noncontiguous Pacific areas
            (including the Commonwealth of the Northern Mariana
            Islands, American Samoa, Guam, the State of Hawaii, and
            the State of Alaska) and for United States-associated
            noncontiguous Pacific areas (including the Federated
            States of Micronesia, the Marshall Islands, and Palau);
    ---------------------------------------------------------------------------
        \23\ 48 U.S.C. 2001.
    ---------------------------------------------------------------------------
              (2) the Federal Government has often failed to
            consider the implications for, effects on, and
            potential of noncontiguous Pacific areas in the
            formulation and conduct of foreign and domestic policy,
            to the detriment of both the attainment of the
            objectives of Federal policy and noncontiguous Pacific
            areas;
              (3) policies and programs designed for the United
            States as a whole may impose inappropriate standards on
            noncontiguous Pacific areas because of their unique
            circumstances and needs; and
              (4) the present Federal organizational arrangements
            for liaison with (and providing assistance to) the
            insular areas may not be adequate--
                      (A) to coordinate the delivery of Federal
                    programs and services to noncontiguous Pacific
                    areas;
                      (B) to provide a consistent basis for
                    administration of programs;
                      (C) to adapt policy to the special
                    requirements of each area and modify the
                    application of Federal programs, laws, and
                    regulations accordingly;
                      (D) to be responsive to the Congress in the
                    discharge of its responsibilities; and
                      (E) to attain the international obligations
                    of the United States.

    SEC. 302.\24\ REPORTS.

        (a) Submission.--Not later than one year after the date of
    the enactment of this joint resolution and each five years
    thereafter, the Secretary of the Interior, in consultation with
    the Secretary of State, shall submit to the Congress and the
    President a report on United States noncontiguous Pacific areas
    policy together with such recommendations as may be necessary
    to accomplish the objectives of such policy.
    ---------------------------------------------------------------------------
        \24\ 48 U.S.C. 2002.
    ---------------------------------------------------------------------------
        (b) Contents.--The reports required in subsection (a) of
    this section shall set forth clearly defined policies regarding
    United States, and United States associated, noncontiguous
    Pacific areas, including--
              (1) the role of and impacts on the noncontiguous
            Pacific areas in the formulation and conduct of foreign
            policy;
              (2) the applicability of standards contained in
            Federal laws, regulations, and programs to the
            noncontiguous Pacific areas and any modifications which
            may be necessary to achieve the intent of such laws,
            regulations, and programs consistent with the unique
            character of the noncontiguous Pacific areas;
              (3) the effectiveness of the Federal executive
            organizational arrangements for--
                      (A) providing liaison between the Federal
                    Government and the governments of the
                    noncontiguous Pacific areas;
                      (B) coordinating Federal actions in a manner
                    which recognizes the unique circumstances and
                    needs of the noncontiguous Pacific areas; and
                      (C) achieving the objective of Federal policy
                    and ensuring that the Congress receives the
                    information necessary to discharge its
                    responsibilities; and
              (4) actions which may be needed to facilitate the
            economic and social health and development of the
            noncontiguous Pacific areas, consistent with their
            self-determined objectives.

    SEC. 303.\25\ CONFERENCE.

        (a) Meeting.--Prior to submitting the reports required
    under section 302(b), the Secretary of the Interior, in
    consultation with the Secretary of State, shall convene a
    conference to obtain the views of the noncontiguous Pacific
    areas on the matters required to be addressed in such reports.
    ---------------------------------------------------------------------------
        \25\ 48 U.S.C. 2003.
    ---------------------------------------------------------------------------
        (b) Participants.--Representatives of each of the
    noncontiguous Pacific areas; and the heads of all executive
    departments and agencies, and other public and private
    organizations concerned with the noncontiguous Pacific areas as
    requested by the Secretary of the Interior shall be entitled to
    be participants in the conference.
        (c) Written Comments.--The Secretary of the Interior shall
    afford participants in the conference an opportunity to submit
    written comments for inclusion in the reports required under
    section 302.

    SEC. 304.\26\ ADMINISTRATIVE MATTERS.

        (a) Administrative Support.--The Secretary of the Interior
    shall provide all necessary administrative support to
    accomplish the requirements of sections 302 and 303.
    ---------------------------------------------------------------------------
        \26\ 48 U.S.C. 2004.
    ---------------------------------------------------------------------------
        (b) Authorization of Appropriations.--There are authorized
    to be appropriated such sums as may be necessary to carry out
    the provisions of this title.

      TITLE IV--CLARIFICATION OF CERTAIN TRADE AND TAX PROVISIONS OF THE
                                  COMPACT \27\
    ---------------------------------------------------------------------------

        \27\ For the most part, title IV clarified certain provisions of
    the Compact, as set out in Public Law 99-239. For the current text of
    the Compact, see Public Law 108-188.
    ---------------------------------------------------------------------------
              * * * * * * *

    SEC. 405.\28\ THE MARSHALL ISLANDS AND THE FEDERATED STATES OF
                        MICRONESIA TREATED AS NORTH AMERICAN AREA.

        For purposes of section 274(h)(3)(A) of the Internal
    Revenue Code of 1954, the term ``North American Area'' shall
    include the Marshall Islands and the Federated States of
    Micronesia.
    ---------------------------------------------------------------------------
        \28\ 48 U.S.C. 1901 note.
    ---------------------------------------------------------------------------

    SEC. 406.\28\ EFFECTIVE DATE.

        This title shall apply to income earned, and transactions
    occurring, after September 30, 1985, in taxable years ending
    after such date.

    SEC. 407.\28\ STUDY OF TAX PROVISIONS.

        The Secretary of the Treasury or his delegate--
              (1) shall conduct a study of the effects of the tax
            provisions of the Compact (as clarified by the
            foregoing provisions of this title), and
              (2) shall report the results of such study before
            October 1, 1987, to the Committee on Ways and Means of
            the House of Representatives and the Committee on
            Finance of the Senate.

    SEC. 408.\28\ COORDINATION WITH OTHER PROVISIONS.

        Nothing in any provision of this joint resolution (other
    than this title) which is inconsistent with any provision of
    this title shall have any force or effect.

    TITLE V--COMPACT OF FREE ASSOCIATION WITH PALAU * * * [Repealed--1986]
                                      \29\

    ---------------------------------------------------------------------------
        \29\ Sec. 103 of the Approval of Compact of Free Association:
    United States-Palau (Public Law 99-658; 100 Stat. 3672 at 3675)
    repealed title V.
        c. Implementation of the Compact of Free Association With Palau

      Partial text of Public Law 101-219 [H.J. Res. 175], 103 Stat. 1870,
                           approved December 12, 1989

      A JOINT RESOLUTION To authorize entry into force of the Compact for
    Free Association between the United States and the Government of Palau,
                            and for other purposes.

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

       TITLE I--IMPLEMENTATION OF COMPACT OF FREE ASSOCIATION WITH PALAU

    SEC. 101.\1\ ENTRY INTO FORCE OF COMPACT.

        Notwithstanding the provisions of Section 101(d)(1)(B) of
    Public Law 99-658, entry into force of the Compact of Free
    Association between the United States and Palau (set forth in
    title II of Public Law 99-658 and hereafter in this joint
    resolution referred to as the ``Compact'') in accordance with
    subsections (a) and (d) of section 101 of Public Law 99-658
    (100 Stat. 3673) is hereby authorized--
    ---------------------------------------------------------------------------
        \1\ 48 U.S.C. 1951 (formerly at 48 U.S.C. 1681 note). The President
    issued Proclamation 6726 on September 27, 1994 (59 F.R. 49777), placing
    into full force and effect the Compact of Free Association With the
    Republic of Palau.
    ---------------------------------------------------------------------------
              (1) subject to the condition that the Compact, as
            approved by the Congress in Public Law 99-658, is
            approved by the requisite percentage of the votes cast
            in a referendum conducted pursuant to the Constitution
            of Palau, and such approval is free from any legal
            challenge, and
              (2) upon expiration of 30 days, in which either the
            House of Representatives or the Senate of the United
            States is in session, after the President notifies the
            Committees on Interior and Insular Affairs and Foreign
            Affairs \2\ of the House of Representatives and the
            Committee on Energy and Natural Resources of the Senate
            of the effective date of the Compact.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------

    SEC. 102.\3\ FISCAL PROCEDURES ASSISTANCE.

        Upon request of the Government of Palau, the Secretary of
    the Interior shall provide assistance to the Government of
    Palau to develop and promulgate regulations for the effective
    expenditure of funds received pursuant to this joint
    resolution, Public Laws 99-658 and 99-239, or any other Act of
    Congress.
    ---------------------------------------------------------------------------
        \3\ 48 U.S.C. 1952 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------

    SEC. 103.\4\ ANTIDRUG PROGRAM.

        (a) Plan.--The Department of the Interior shall develop, in
    cooperation with the Government of Palau and the National Drug
    Control Policy Office, a plan for an antidrug program in Palau.
    The plan shall be submitted to the Committees on Interior and
    Insular Affairs, Foreign Affairs,\2\ and Appropriations of the
    House of Representatives and the Committees on Energy and
    Natural Resources and Appropriations of the Senate by April 1,
    1990. The plan shall: (1) identify the specific needs and costs
    of such an antidrug program; (2) shall identify all existing
    resources to be allocated for its implementation by the
    Government of the United States and the Government of Palau;
    and (3) shall recommend priority use for additional resources,
    assuming such resources are made available.
    ---------------------------------------------------------------------------
        \4\ 48 U.S.C. 1953 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------
        (b) Agreement.--Following completion of the plan, the
    President and the Government of Palau shall negotiate an
    agreement to facilitate implementation of the plan. Such
    agreement may include--
              (1) that the Government of Palau may request, on a
            long-term or case-by-case basis, that the officers of
            United States law enforcement agencies may conduct
            investigations consistent with implementation of the
            plan in cooperation with the law enforcement agencies
            of the Government of Palau;
              (2) that the Government of Palau or the Government of
            the United States may agree to provide specific
            resources, on a one-time or a multiyear basis, to
            strengthen the antidrug program; and
              (3) a specific description of the technical
            assistance, training, and equipment to be provided to
            Palau by the United States necessary to implement the
            plan.

    SEC. 104.\5\ PUBLIC AUDITOR AND SPECIAL PROSECUTOR.

        (a) Upon request of the Government of Palau the President
    shall provide, on a nonreimbursable basis, appropriate
    technical assistance to the public auditor or special
    prosecutor. The assistance provided pursuant to this subsection
    for the first five years after the effective date of the
    Compact shall, upon the request of the Government of Palau, and
    to the extent personnel are available, include (but not be
    limited to) the full services of--
    ---------------------------------------------------------------------------
        \5\ 48 U.S.C. 1954 (formerly at 48 U.S.C. 1681 note). As enrolled;
    no subsec. (b).
    ---------------------------------------------------------------------------
              (1) an auditor or accountant, as determined by the
            public auditor, for the office of public auditor; and
              (2) an attorney or investigator, as determined by the
            special prosecutor, for the office of special
            prosecutor.

    SEC. 105.\6\ POWER GENERATION. * * *
    ---------------------------------------------------------------------------

        \6\ Sec. 105 amended sec. 104(e) of Public Law 99-658.
    ---------------------------------------------------------------------------

    SEC. 106.\7\ AUDIT CERTIFICATION.

        The chief officer of any agency conducting an audit
    pursuant to paragraph (1) of sections 102(c) and 103(m) of the
    Compact of Free Association Act of 1985 (Public Law 99-239) and
    section 101(d)(1)(C) of Public Law 99-658 shall certify that
    audit.
    ---------------------------------------------------------------------------
        \7\ 48 U.S.C. 1955 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------

    SEC. 107.\8\ ACQUISITION OF DEFENSE SITES.

        The provisions of title III of the Compact relating to
    future use by the United States of defense sites in Palau do
    not restrict the authority of the President of the United
    States to--
    ---------------------------------------------------------------------------
        \8\ 48 U.S.C. 1956 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------
              (1) request additional funding, subject to
            appropriation, related to the use of privately owned
            land in Palau pursuant to article II of title III of
            the Compact as may be appropriate in light of actual
            land use requirements, independent appraisals of such
            privately owned land accepted by both governments, and
            other appropriate documentation of actual land use
            costs; and
              (2) consent to an extension of the time set forth in
            a subsidiary agreement to such article in which the
            Government of Palau is required to make such land
            available to the United States.

    SEC. 108.\9\ FEDERAL PROGRAMS COORDINATION PERSONNEL.

        The Secretary of the Interior shall station at least one
    professional staff person in each of the offices of the United
    States Representatives in the Republic of Palau, the Federated
    States of Micronesia, and the Republic of the Marshall Islands
    to provide Federal program coordination and technical
    assistance to such governments as authorized under Public Laws
    99-239 and 99-658. In meeting the purposes of this section the
    Secretary shall select qualified persons following
    consultations with the Interagency Group on Freely Associated
    State Affairs.
    ---------------------------------------------------------------------------
        \9\ 48 U.S.C. 1957 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------

    SEC. 109.\10\ REFERENDUM COSTS.

        The Secretary of the Interior shall provide such sums as
    may be necessary for a further referendum on approval of the
    compact, if one is required, or other appropriate costs
    associated with the approval process in Palau.
    ---------------------------------------------------------------------------
        \10\ 48 U.S.C. 1958 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------

    SEC. 110.\11\ AGREEMENTS.

        (a) Effective Date of Certain Agreements.--An agreement
    between the United States and the Government of the Republic of
    Palau consistent with the agreements approved by Public Law
    101-62 (103 Stat. 162) shall take effect without further
    authorization thirty days after submission to Congress.
    ---------------------------------------------------------------------------
        \11\ 48 U.S.C. 1959 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------
        (b) Extensions.--The provisions of article IX, paragraph
    5(a) of the Agreement referred to in section 462(e) of the
    compact of Free Association as approved by Public Law 99-239,
    and article IX, paragraph 5(a) of the agreement referred to in
    section 462(f) of the Compact of Free Association for Palau as
    approved by Public Law 99-658, are extended, in accordance with
    the terms thereof, until October 1, 1998, unless earlier
    terminated or further extended by the laws of the United
    States.
        (c) Authorization.--Funding to implement the provisions of
    this title, and for assistance to the central health care
    facility and the prison in Palau, and the offices of Public
    Auditor and Special Prosecutor as proposed in the agreement
    entitled ``Agreement Concerning Special Programs related to the
    Entry into Force of the Compact of Free Association Between the
    Government of the United States and the Government of the
    Republic of Palau'' signed on May 26, 1989, shall be available
    pursuant to the authorization in section 105(c) of Public Law
    99-239 as referenced by section 102(b) of Public Law 99-658 or
    from funds appropriated for technical assistance to the
    Secretary of the Interior.

    SEC. 111.\12\ MODIFICATION OF ENERGY ASSISTANCE FUNDING.

        (a) The President is authorized to negotiate and conclude
    an agreement, including the obligation of United States funds,
    with the Government of Palau which shall provide the following:
    ---------------------------------------------------------------------------
        \12\ 48 U.S.C. 1960 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------
              (1) the sum of $28,000,000, adjusted by section 215
            of the Compact at the time of its availability to
            Palau, shall be provided to Palau pursuant to section
            211(b) of the Compact and upon entry into force of the
            Compact.
              (2) Palau shall pay to the United States, on or
            before the 15th anniversary of the effective date of
            the Compact, an amount equal to the net economic cost
            to the United States of making available the section
            211(b) funds in the manner specified in this subsection
            rather than as provided in section 211(b).
              (3) Such economic cost shall reflect the time value
            of money and be determined using the date determined
            for a equivalent loan by the Federal Financing Bank as
            of the date these funds are advanced, and using an
            inflation rate consistent with the determinations made
            under the provisions of section 215 of the Compact.
              (4) If the Government of Palau has not paid such net
            economic costs to the United States by the 15th
            anniversary of the effective date of the Compact, then
            the United States shall be automatically paid such sums
            from the fund established under section 211(f) of the
            Compact.
              (5) The provision of section 211(b) funds, as
            appropriated by Public Law 99-349 and pursuant to this
            subsection, shall be in fulfillment of all United
            States obligations under such section 211(b) of the
            Compact and shall be subject to section 236 of the
            compact.
        (b) Subject to the provisions of subsection (a) and upon
    the request of the Government of Palau, the sum of $28 million
    appropriated by Public Law 99-349 to fulfill the obligations of
    the United States under section 211(b) of the Compact (approved
    in Public Law 99-658), adjusted by section 215 of such Compact,
    shall be provided to Palau upon entry into force of the
    Compact.
        (c) Funding provided in Public Law 101-121 under the
    ``Trust Territory of the Pacific Islands'' appropriation
    account shall remain available until expended.

    SEC. 112.\13\ SUBMISSION OF AGREEMENTS.

        Any agreement concluded with the Government of Palau
    pursuant to this joint resolution including the agreement
    entitled ``Agreement Concerning Special Programs related to the
    Entry into Force of the Compact of Free Association Between the
    Government of the United States and the Government of the
    Republic of Palau'' signed on May 26, 1989, and any agreement
    which would amend, change, or terminate any such agreement, or
    portion thereof, shall be submitted to the Congress and may not
    take effect until the 30 days after the date on which such
    agreement is so submitted. An amendment or agreement
    substituting or in addition to the subsidiary agreement
    negotiated under section 212(a) of the compact or its annex
    shall take effect only when approved by an Act of Congress.
    ---------------------------------------------------------------------------
        \13\ 48 U.S.C. 1961 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------

    SEC. 113.\14\ TRANSITION FUNDING.

        For the purposes of applying section 105(c)(2) of the
    Compact of Free Association Act of 1985 (99 Stat. 1792) to
    Palau, the terms ``fiscal year 1987'', ``fiscal year 1988'',
    and ``fiscal year 1989'' in section 104(c) of Public Law 99-658
    shall be deemed to be the first, second, and third fiscal
    years, respectively, beginning after the effective date of the
    Compact.
    ---------------------------------------------------------------------------
        \14\ 48 U.S.C. 1962 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------
              * * * * * * *
                      d. Omnibus Insular Areas Act of 1992

    Partial text of Public Law 102-247 [H.R. 2927], 106 Stat. 33, approved
     February 24, 1992; as amended by Public Law 103-437 [U.S.C. Technical
       Amendments; H.R. 4777], 108 Stat. 4594, approved November 2, 1994

       AN ACT To provide for the establishment of the St. Croix, Virgin
        Islands Historical Park and Ecological Preserve, and for other
                                   purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Omnibus Insular Areas Act of
    1992''.
    ---------------------------------------------------------------------------
        \1\ 16 U.S.C. 410tt note.
    ---------------------------------------------------------------------------
              * * * * * * *

             TITLE II--INSULAR AREAS DISASTER SURVIVAL AND RECOVERY

    SEC. 201.\2\ DEFINITIONS.

        As used in this title--
    ---------------------------------------------------------------------------
        \2\ 42 U.S.C. 5204.
    ---------------------------------------------------------------------------
              (1) the term ``insular area'' means any of the
            following: American Samoa, the Federated States of
            Micronesia, Guam, the Marshall Islands, the Northern
            Mariana Islands, the Trust Territory of the Pacific
            Islands, and the Virgin Islands;
              (2) the term ``disaster'' means a declaration of a
            major disaster by the President after September 1,
            1989, pursuant to section 401 of the Robert T. Stafford
            Disaster Relief and Emergency Assistance Act (42 U.S.C.
            5170); and
              (3) the term ``Secretary'' means the Secretary of the
            Interior.

    SEC. 202.\3\ AUTHORIZATION.

        There are hereby authorized to be appropriated to the
    Secretary such sums as may be necessary to--
    ---------------------------------------------------------------------------
        \3\ 42 U.S.C. 5204a.
    ---------------------------------------------------------------------------
              (1) reconstruct essential public facilities damaged
            by disasters in the insular areas that occurred prior
            to the date of the enactment of this Act; and
              (2) enhance the survivability of essential public
            facilities in the event of disasters in the insular
            areas, except that with respect to the disaster
            declared by the President in the case of Hurricane
            Hugo, September 1989, amounts for any fiscal year shall
            not exceed 25 percent of the estimated aggregate amount
            of grants to be made under sections 403 and 406 of The
            Robert T. Stafford Disaster Relief and Emergency
            Assistance Act (42 U.S.C. 5170b, 5172) for such
            disaster. Such sums shall remain available until
            expended.

    SEC. 203.\4\ TECHNICAL ASSISTANCE.

        (a) Upon the declaration by the President of a disaster in
    an insular area, the President, acting through the Director of
    the Federal Emergency Management Agency, shall assess, in
    cooperation with the Secretary and chief executive of such
    insular area, the capability of the insular government to
    respond to the disaster, including the capability to assess
    damage; coordinate activities with Federal agencies,
    particularly the Federal Emergency Management Agency; develop
    recovery plans, including recommendations for enhancing the
    survivability of essential infrastructure; negotiate and manage
    reconstruction contracts; and prevent the misuse of funds. If
    the President finds that the insular government lacks any of
    these or other capabilities essential to the recovery effort,
    then the President shall provide technical assistance to the
    insular area which the President deems necessary for the
    recovery effort.
    ---------------------------------------------------------------------------
        \4\ 42 U.S.C. 5204b.
    ---------------------------------------------------------------------------
        (b) One year following the declaration by the President of
    a disaster in an insular area, the Secretary, in consultation
    with the Director of the Federal Emergency Management Agency,
    shall submit to the Senate Committee on Energy and Natural
    Resources and the House Committee on Natural Resources \5\ a
    report on the status of the recovery effort, including an audit
    of Federal funds expended in the recovery effort and
    recommendations on how to improve public health and safety,
    survivability of infrastructure, recovery efforts, and
    effective use of funds in the event of future disasters.
    ---------------------------------------------------------------------------
        \5\ Sec. 15(p) of Public Law 103-437 (108 Stat. 4594) struck out
    ``Interior and Insular Affairs'' and inserted in lieu thereof ``Natural
    Resources''. Sec. 1(a)(8) of Public Law 104-14 (109 Stat. 186) provided
    that references to the Committee on Natural Resources of the House of
    Representatives shall be treated as referring to the Committee on
    Resources of the House of Representatives.
    ---------------------------------------------------------------------------

    SEC. 204.\6\ HAZARD MITIGATION.

        The total of contributions under the last sentence of
    section 404 of The Robert T. Stafford Disaster Relief and
    Emergency Assistance Act (42 U.S.C. 5170c) for the insular
    areas shall not exceed 10 percent of the estimated aggregate
    amounts of grants to be made under sections 403, 406, 407, 408,
    and 411 of such Act for any disaster: Provided, That the
    President shall require a 50 percent local match for assistance
    in excess of 10 percent of the estimated aggregate amount of
    grants to be made under section 406 of such Act for any
    disaster.
    ---------------------------------------------------------------------------
        \6\ 42 U.S.C. 5204c.
    ---------------------------------------------------------------------------
              * * * * * * *

                      TITLE III--MISCELLANEOUS PROVISIONS

              * * * * * * *

    SEC. 302.\7\ INSULAR GOVERNMENT PURCHASES.

        The Governments of American Samoa, Guam, the Northern
    Mariana Islands, the Trust Territory of the Pacific Islands,
    and the Virgin Islands are authorized to make purchases through
    the General Services Administration.
    ---------------------------------------------------------------------------
        \7\ 48 U.S.C. 1469e.
    ---------------------------------------------------------------------------

    SEC. 303.\8\ FREELY ASSOCIATED STATE CARRIER.

        (a) In furtherance of the objectives of the Compact of Free
    Association Act of 1985 (Public Law 99-239) and notwithstanding
    any other provision of law, a Freely Associated State Air
    Carrier shall not be precluded from providing transportation,
    between a place in the United States and a place in a state in
    free association with the United States or between two places
    in such a freely associated state, by air of persons (and their
    personal effects) and property procured, contracted for, or
    otherwise obtained by any executive department or other agency
    or instrumentality of the United States for its own account or
    in furtherance of the purposes or pursuant to the terms of any
    contract, agreement, or other special arrangement made or
    entered into under which payment is made by the United States
    or payment is made from funds appropriated, owned, controlled,
    granted, or conditionally granted, or utilized by or otherwise
    established for the account of the United States, or shall be
    furnished to or for the account of any foreign nation, or any
    international agency, or other organization of whatever
    nationality, without provisions for reimbursement.
    ---------------------------------------------------------------------------
        \8\ 48 U.S.C. 1973 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------
        (b) The term ``Freely Associated State Air Carrier'' shall
    apply exclusively to a carrier referred to in Article IX(5)(b)
    of the Federal Programs and Services Agreement concluded
    pursuant to Article II of Title Two and Section 232 of the
    Compact of Free Association.

    SEC. 304. MARSHALL ISLANDS FOOD ASSISTANCE.

        Section 103(h)(2) of the Compact of Free Association Act of
    1985 (48 U.S.C. 1681 note) is amended by striking out ``five''
    and inserting in lieu thereof ``ten''.
              * * * * * * *
           e. Interior Appropriations for Compact of Free Association

        Partial text of Public Law 109-54 [Department of the Interior,
    Environment, and Related Agencies Appropriations Act, 2006; H.R. 2361],
                     119 Stat. 499, approved August 2, 2005

       AN ACT Making appropriations for the Department of the Interior,
    environment, and related agencies for the fiscal year ending September
                       30, 2006, and for other purposes.

                      TITLE I--DEPARTMENT OF THE INTERIOR

              * * * * * * *

                              Departmental Offices

                                Insular affairs

              * * * * * * *

                          compact of free association

        For grants and necessary expenses, $5,362,000, to remain
    available until expended, as provided for in sections 221(a),
    221(b), and 233 of the Compact of Free Association for the
    Republic of Palau and section 221(a)(2) of the Compact of Free
    Association, as authorized by Public Law 99-658 and Public Law
    108-188.
              * * * * * * *
     f. Approval of Agreement Between United States and Marshall Islands,
        and Between United States and Micronesia to Amend Governmental
          Representation Provisions of the Compact of Free Association

      Public Law 101-62 [H.R. 2214], 103 Stat. 162, approved July 26, 1989

     AN ACT To ratify certain agreements relating to the Vienna Convention
                            on Diplomatic Relations.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That,
    pursuant to section 101(d) of Public Law 99-239, the following
    agreements are approved and shall enter into force in
    accordance with their terms:
              (1) ``Agreement Between the Government of the United
            States and the Government of the Republic of the
            Marshall Islands to Amend the Governmental
            Representation Provisions of the Compact of Free
            Association Pursuant to section 432 of the Compact'',
            signed on March 18, 1988; and
              (2) ``Agreement Between the Government of the United
            States and the Government of the Federated States of
            Micronesia to Amend the Governmental Representation
            Provisions of the Compact of Free Association Pursuant
            to section 432 of the Compact'', signed on March 9,
            1988.
        g. Approval of Compact of Free Association: United States-Palau

     Public Law 99-658 [H.J. Res. 626], 100 Stat. 3672, approved November
    14, 1986; as amended by Public Law 99-514 [Tax Reform Act of 1986; H.R.
     3838], 100 Stat. 2085, approved October 22, 1986; Public Law 101-219
    [Palau Compact of Free Association Implementation Act; H.J. Res. 175],
     103 Stat. 1870, approved December 12, 1989; Public Law 101-650 [Civil
       Justice Reform Act of 1990; H.R. 5316], 104 Stat. 5117, approved
    December 1, 1990; and Public Law 102-572 [Federal Courts Administration
        Act of 1992; S. 1569], 106 Stat. 4506, approved October 29, 1992

    JOINT RESOLUTION To approve the ``Compact of Free Association'' between
     the United States and the Government of Palau, and for other purposes.

    Whereas the United States is the administering authority of the
        Trust Territory of the Pacific Islands under the terms of
        the Trusteeship Agreement for the former Japanese Mandated
        Islands entered into by the United States with the Security
        Council of the United Nations on April 2, 1947, and
        approved by the United States on July 18, 1947; and
    Whereas the United States, in accordance with the Trusteeship
        Agreement, the Charter of the United Nations and the
        objectives of the international trusteeship system, has
        promoted the development of the peoples of the Trust
        Territory toward self-government or independence as
        appropriate to the particular circumstances of the Trust
        Territory and its peoples and the freely expressed wishes
        of the peoples concerned; and
    Whereas the United States, in response to the desires of the
        people of Palau expressed through their freely-elected
        representatives and by the official pronouncements and
        enactments of their lawfully constituted government, and in
        consideration of its own obligations under the Trusteeship
        Agreement to promote self-determination, entered into
        political status negotiations with representatives of the
        people of Palau; and
    Whereas these negotiations resulted in the ``Compact of Free
        Association'' between the United States and Palau which,
        together with its related agreements, was signed by the
        United States and by Palau on January 10, 1986; and
    Whereas the Compact of Free Association received a favorable
        vote of a majority of the people of Palau voting in a
        United Nations-observed plebiscite conducted on February
        21, 1986; and
    Whereas the Supreme Court of Palau has ruled that the
        constitutional process of Palau for approval of the Compact
        of Free Association in accordance with section 411 of the
        Compact has not yet been completed; and
    Whereas the President of Palau has requested the United States
        to complete the process of United States approval of the
        Compact of Free Association in accordance with section 411
        of the Compact through enactment of an appropriate joint
        resolution: Now, therefore, be it

      Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

      TITLE I--APPROVAL OF COMPACT; INTERPRETATION OF, AND UNITED STATES
              POLICIES REGARDING, COMPACT; SUPPLEMENTAL PROVISIONS

                    approval of compact of free association

      Sec. 101.\1\ (a) Approval.--The Compact of Free Association
    set forth in title II of this joint resolution between the
    United States and the Government of Palau is hereby approved,
    and Congress hereby consents to the agreements as set forth on
    pages 154 through 405 of House Document 99-193 of April 9, 1986
    (hereafter in this joint resolution referred to as subsidiary
    or related agreements), as they relate to such Government.
    Subject to the provisions of this joint resolution, the
    President is authorized to agree, in accordance with section
    411 of the Compact, to an effective date for and thereafter to
    implement such Compact, having taken into account any
    procedures with respect to the United Nations for termination
    of the Trusteeship Agreement.
    ---------------------------------------------------------------------------
        \1\ 48 U.S.C. 1931 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------
      (b) Reference to the Compact.--Any reference in this joint
    resolution to the ``Compact'' shall be treated as a reference
    to the Compact of Free Association set forth in title II of
    this joint resolution.
      (c) Amendment, Change, or Termination of the Compact and
    Certain Agreements.--(1) Mutual agreement by the Government of
    the United States as provided in the Compact which results in
    amendment, change, or termination of all or any part thereof
    shall be affected only by Act of Congress and no unilateral
    action by the Government of the United States provided for in
    the Compact, and having such result, may be effected other than
    by Act of Congress.
      (2) The provisions of paragraph (1) shall apply--
              (A) to all actions of the Government of the United
            States under the Compact including, but not limited to,
            actions taken pursuant to sections 431, 432, 441, or
            442;
              (B) to any amendment, change, or termination in any
            agreement that may be concluded at any time between the
            Government of the United States and the Government of
            Palau regarding friendship, cooperation and mutual
            security concluded pursuant to sections 321 and 323 of
            the Compact referred to in section 462(h);
              (C) to any amendment, change, or termination of the
            agreements concluded pursuant to Compact sections 175
            and 221(a)(4), the terms of which are incorporated by
            reference into the Compact; and
              (D) to the following subsidiary agreements, or
            portions thereof:
                      (i) Article II of the agreement referred to
                    in section 462(a) of the Compact;
                      (ii) Article II of the agreement referred to
                    in section 462(b) of the Compact;
                      (iii) Article II and Section 7 of Article X
                    of the agreement referred to in section 462(f)
                    of the Compact;
                      (iv) the agreement referred to in section
                    462(g) of the Compact;
                      (v) Articles II, III, IV, V, VI, and VII of
                    the agreement referred to in section 462(h) of
                    the Compact; and
                      (vi) Articles VI, XV, and XVII of the
                    agreement referred to in section 462(i) of the
                    Compact.
      (d) Effective Date.--(1) The authority of the President to
    agree to an effective date for the Compact of Free Association
    between the United States and Palau concurrently with
    termination of the Trusteeship shall be carried out in
    accordance with this section, and the Compact shall not take
    effect until after--
              (A) The President has certified to the Congress that
            the Compact has been approved in accordance with
            Section 411 (a) and (b) of the Compact, and that there
            exists no legal impediment to the ability of the United
            States to carry out fully its responsibilities and to
            exercise its rights under Title Three of the Compact,
            as set forth in this Act, and
              (B) enactment of a joint resolution which has been
            reported by the Committee on Energy and Natural
            Resources of the Senate and the Committees on Interior
            and Insular Affairs and Foreign Affairs \2\ and other
            appropriate Committees of the House of Representatives
            authorizing entry into force of the Compact, and
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Foreign Affairs of the House of
    Representatives shall be treated as referring to the Committee on
    International Relations of the House of Representatives.
    ---------------------------------------------------------------------------
              (C) agreements have been concluded with Palau which
            satisfy the requirements of Section 102 of Public Law
            99-239. For the purpose of this subsection the word
            ``Palau'' shall be substituted for ``Federated States
            of Micronesia'' whenever it appears in Section 102 of
            Public Law 99-239.
      (2) Any agreement concluded with Palau pursuant to
    subparagraph 101(d)(1)(C) of this title and any agreement which
    would amend, change, or terminate any subsidiary agreement or
    related agreement, or portion thereof, as set forth in
    paragraph (4) of this subsection shall be submitted to the
    Congress. No such agreement shall take effect until after the
    expiration of 30 days after the date such agreement is so
    submitted (excluding days on which either House of Congress is
    not in session).
      (3) No agreement described in paragraph (2) shall take effect
    if a joint resolution of disapproval is enacted during the
    period specified in paragraph (2). For the purpose of
    expediting the consideration of such a joint resolution, a
    motion to proceed to the consideration of any such joint
    resolution after it has been reported by an appropriate
    committee shall be treated as highly privileged in the House of
    Representatives. Any such joint resolution shall be considered
    in the Senate in accordance with the provisions of section
    601(b) of Public Law 94-329.
      (4) The subsidiary agreement of portions thereof referred to
    in paragraph (2) are as follows:
              (A) Articles III and IV of the agreement referred to
            in section 462(b) of the Compact.
              (B) Articles III, IV, V, VI, VII, VIII, IX, and X
            (except for section 7 thereof) of the agreement
            referred to in section 462(f) of the Compact.
              (C) Articles IV, V, X, XIV, XVI, and XVIII of the
            agreement referred to in section 462(i) of the Compact.
              (D) Articles II, V, VI, VII, and VIII of the
            agreement referred to in section 462(h) of the Compact.
              (E) The agreement referred to in section 462(j) of
            the Compact.
      (5) No agreement between the United States and the Government
    of Palau which would amend, change, or terminate any subsidiary
    or related agreement, or portion thereof, other than those set
    forth in subsection (d) of this section or paragraph (4) of
    this subsection, shall take effect until the President has
    transmitted such an agreement to the President of the Senate
    and the Speaker of the House of Representatives, together with
    an explanation of the agreement and the reasons therefor.

               extension of compact of free association to palau

      Sec. 102.\3\ (a) The interpretation of and United States
    Policy Regarding the Compact of Free Association set forth in
    section 104 of Public Law 99-239 shall apply to the Compact of
    Free Association with Palau.
    ---------------------------------------------------------------------------
        \3\ 48 U.S.C. 1932 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------
      (b) The provisions of section 105, except for subsection (i),
    section 106, section 110, and section 111 (a) and (d) of Public
    Law 99-239, as amended, shall apply to Palau in the same manner
    and to the same extent as such sections apply to the Marshall
    Islands.

     repeal of title v of the compact of free association act (public law
                                    99-239)

      Sec. 103. Title V of Public Law 99-239 is repealed.

                            supplemental provisions

      Sec. 104.\4\ (a) Civic Action Teams.--In recognition of the
    special development needs of Palau and the Marshall Islands,
    the United States shall make available United States military
    Civic Action Teams for use in Palau or the Marshall Islands
    under terms and conditions mutually agreed upon by the
    Government of the United States and the Governments of Palau or
    the Marshall Islands, as appropriate. The Government of Palau
    may use the amount of $250,000 annually from current account
    funds provided pursuant to section 211 of the Compact to defray
    expenditures attendant to the operation of the Civic Action
    Teams made available pursuant to this subsection. The
    Government of the Marshall Islands may use the amount of
    $250,000 annually from current account funds provided under
    section 211 of Title Two of the Compact of Free Association
    with the Marshall Islands to defray expenditures attendant to
    the operation of the Civic Action Teams made available pursuant
    to this subsection.
    ---------------------------------------------------------------------------
        \4\ 48 U.S.C. 1933 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------
      (b) Inventory and Study of Natural, Historic, and Other
    Resources.--The Secretary of the Interior shall conduct, upon
    request of Palau, the Federated States of Micronesia or the
    Marshall Islands, and through the Director of the National Park
    Service, a comprehensive inventory and study of the most unique
    and significant natural, historical, cultural, and recreational
    resources of Palau, the Federated States of Micronesia or the
    Marshall Islands. Areas or sites exhibiting such qualities
    shall be described and evaluated with the objective of the
    preservation of their values and their careful use and
    appreciation by the public, along with a determination of their
    potential for attracting tourism. Alternative methodologies for
    such preservation and use shall be developed for each area or
    site (including continued assistance from the National Park
    Service); current or impending damage or threats to the
    resources of such areas or sites shall be identified and
    evaluated; and authorities needed to properly protect and allow
    for public use and appreciation shall be identified and
    discussed. Such inventory and study shall be conducted in full
    cooperation and consultation with affected governmental
    officials and the interested public. A full report on such
    inventory and study shall be transmitted to Palau or the
    Federated States of Micronesia or the Marshall Islands, the
    Committee on Interior and Insular Affairs of the United States
    House of Representatives and the Committee on Energy and
    Natural Resources of the United States Senate no later than two
    complete calendar years after the date of enactment of this
    joint resolution. The inventory and study shall also identify
    areas or sites which, if they were located in the United
    States, would qualify to be listed on the Registry of Natural
    Landmarks and the National Register of Historic Places.
      (c) Authorization for Transition Purposes.--Section 105(c)(2)
    of Public Law 99-239 is amended by deleting ``infrastructure.''
    and inserting in lieu thereof ``infrastructure, except that,
    for purposes of an orderly reduction of United States programs
    and services in the Federated States of Micronesia, the
    Marshall Islands, and Palau, United States programs or services
    not specifically authorized by the Compact of Free Association
    or by other provisions of law may continue but, unless
    reimbursed by the respective freely associated state, not in
    excess of the following amounts:
              ``(1) For fiscal year 1987, an amount not to exceed
            75 per centum of the total amount appropriated for such
            programs for fiscal year 1986;
              ``(2) For fiscal year 1988, an amount not to exceed
            50 per centum of the total amount appropriated for such
            programs for fiscal year 1986;
              ``(3) For fiscal year 1989, an amount not to exceed
            25 per centum of the total amount appropriated for such
            programs for fiscal year 1986.''.
      (d) Peleliu and Angaur.--Not later than one year after the
    date of enactment of this joint resolution, the Secretary of
    Agriculture, after appropriate studies conducted in
    consultation with the Government of Palau, shall report to the
    President and the Congress concerning the feasibility and cost
    of rehabilitating and restoring the fertility of the topsoil of
    the islands of Peleliu and Angaur. Upon the request of the
    Government of Palau, the President shall make the report of the
    Secretary of Agriculture available to the Government of Palau.
    Technical assistance to accomplish such rehabilitation and
    restoration, if feasible, may be provided to the Government of
    Palau on a nonreimbursable basis, subject to the availability
    of appropriated funds.
      (e) \5\ Neither the Secretary of the Treasury nor any other
    officer or agent of the United States shall pay or transfer any
    portion of the sums and amounts payable to the Government of
    Palau pursuant to this joint resolution to any party other than
    the Government of Palau, except under the procedures
    established by the Compact and its related agreements. No funds
    appropriated pursuant to the Compact, this Act, or any other
    Act for grants or other assistance to Palau may be used to
    satisfy any obligation or expense incurred by Palau prior to
    November 14, 1986, with respect to any contract or debt related
    to any electrical generating plant or related facilities
    entered into or incurred by Palau which has not been
    specifically authorized by Congress in advance, except that the
    Government of Palau may use any portion of the annual grant
    under section 211(b) not required to be devoted to the energy
    needs of those parts of Palau not served by its central power
    generating facilities and any portion of the funds under
    section 212(b) of the Compact for such purpose.
    ---------------------------------------------------------------------------
        \5\ Sec. 105 of Public Law 101-219 (103 Stat. 1871) amended and
    restated subsec. (e), which previously read as follows:
        ``(e) Neither the Secretary of the Treasury nor any other officer
    or agent of the United States shall pay or transfer any portion of the
    sums and amounts payable to the Government of Palau pursuant to this
    joint resolution to any party other than the Government of Palau. The
    provisions of section 174(a) of the Compact shall apply with respect to
    any action based on a contract or debt related to any electrical
    generating plant or related facilities entered into or incurred by
    Palau prior to the date of enactment of this joint resolution.''.
    ---------------------------------------------------------------------------
      (f) Amounts appropriated to be paid pursuant to section 177
    of Article I of Title One or Articles I and III of Title Two of
    the Compact of Free Association with the Federated States of
    Micronesia and the Marshall Islands, as set forth in Title II
    of the Compact of Free Association Act of 1985, or pursuant to
    section 103(h), 103(k), or 105(m) of such Act (Public Law 99-
    239), or pursuant to Article I of Title Two of the Compact with
    Palau, as set forth in Title II of this joint resolution, or
    section 104(l) of this joint resolution shall not be reduced,
    notwithstanding Public Law 99-177, Public Law 99-366, and other
    law enacted to implement Public Law 99-177, or any other
    provision of law.
      (g) The Congress reaffirms all of the understandings,
    interpretations, and policy statements contained in Public Law
    99-239 (99 Stat. 1770). Congressional Resolution 4-60 adopted
    by the 4th Congress of the Federated States of Micronesia on
    March 26, 1986 and Resolution No. 62 adopted by the Nitijela of
    the Marshall Islands on February 18, 1986 do not exclude, limit
    or modify any provision of the Compact of Free Association as
    approved by the United States. To the extent that any
    understandings, interpretations, and policy statements
    contained in such Resolutions are inconsistent with the
    provisions of Public Law 99-239, the United States does not
    concur therein. The President shall take such steps, including
    but not limited to, communicating with the Governments of the
    Federated States of Micronesia and the Republic of the Marshall
    Islands, as may be necessary to preserve all rights of the
    United States in connection with interpretation and
    implementation of such Public Law.
      (h) Additional Provisions Relating to Title Three of the
    Compact.--
              (1) The Government of the United States recognizes
            and respects the scarcity and special importance of
            land in Palau. In making any designation of land
            pursuant to section 322 of the Compact, the Government
            of the United States shall follow the policy of
            requesting the minimum area necessary to accomplish the
            required security and defense purpose, of requesting
            only the minimum interest in real property necessary to
            support such purpose, and of requesting first to
            satisfy the requirement through public real property,
            where available, rather than through private real
            property.
              (2) The Armed Forces of other nations invited to use
            military areas and facilities in Palau pursuant to
            section 312 of the Compact shall be permitted only as
            it is incident to the authority and under the control
            of the United States. The activities of such third
            country forces shall be subject to the same limitations
            and restrictions applicable to the authority of the
            United States under the terms of the Compact.
              (3) The Government of the United States considers
            ``Exclusive use'' areas established for the United
            States pursuant to Title Three of the Compact to be
            ``within the jurisdiction of Palau,'' as that term is
            used in section 324 of the Compact.
      (i) Notwithstanding any other provision of law, funds
    appropriated for the Compact of Free Association, Public Law
    99-239, or this joint resolution, in the act of making
    supplemental appropriations for fiscal year 1986, shall remain
    available until expended.
      (j)(1) Section 4(c) of the Act of December 27, 1974 (88 Stat.
    1784; 16 U.S.C. 460ff-3(c)) is amended by inserting ``(1)''
    after ``(c)'' and by adding the following at the end thereof:
      ``(2) The Secretary is authorized and directed, in
    cooperation with the Secretary of Agriculture, the State of
    Ohio, and affected local governments, to undertake a program of
    and treatment for the purpose of restoring suitable vegetative
    cover to substantially eliminate erosion from all lands, public
    and private, within the authorized boundaries of the recreation
    area. In the case of any private lands, within such authorized
    boundaries such treatment may be undertaken only with the
    consent of the owner thereof and shall be contingent upon
    assurances that such land treatment will be maintained by the
    owner for a period of not less than ten years. The Secretary
    shall, in conjunction with such program, take such actions as
    may be required to correct areas of ecological degradation
    which create hazards to health and safety.''.
      (2) Section 6 of such Act (16 U.S.C. 460ff-5) is amended by
    adding the following at the end thereof:
      ``(c) There are hereby authorized to be appropriated not more
    than $500,000 for fiscal year 1986, $1,000,000 for fiscal year
    1987, $1,500,000 for fiscal year 1988, and $1,750,000 for
    fiscal year 1989, to carry out the provisions of section
    4(c)(2) of this Act. Any amounts authorized to be appropriated
    for any fiscal year under this subsection which are not
    appropriated for that fiscal year shall remain available for
    appropriation in succeeding fiscal years.''.
      (3) No authority under this subsection to enter into
    contracts or to make payments shall be effective except to the
    extent and in such amounts as provided in advance in
    appropriations Acts. Any provision of this subsection which
    authorizes the enactment of new budget authority shall be
    effective only for fiscal years beginning after September 30,
    1985.
      (k) The Departments of Energy and Interior are directed to
    provide the Committees on Appropriations of the House and
    Senate with a report by December 1 of each fiscal year
    detailing how funds were spent during the previous fiscal year
    for the special medical care and logistical support program for
    Rongelap and Utrik and for the agriculture and food programs
    for Eniwetok and Bikini as referenced in Section 103(h) of
    Public Law 99-239. The report shall also specify the
    anticipated needs during the current and following fiscal years
    in order to meet the radiological health care and logistical
    support program for Rongelap and Utrik and the planting,
    agricultural maintenance, and food programs for Eniwetok and
    Bikini. It is the sense of the Congress that the special
    medical care and logistical support program for Rongelap and
    Utrik and for the agriculture and food programs for Eniwetok
    and Bikini described in section 103(h) of Public Law 99-239
    represent special and continuing moral commitments of the
    United States which will be annually funded to the extent of
    the need of the populations of such atolls for such assistance.

                     TITLE II--COMPACT OF FREE ASSOCIATION

                          compact of free association

      Sec. 201. Compact of Free Association is as follows:

                          COMPACT OF FREE ASSOCIATION

                                    preamble

     the government of the united states of america and the government of
                                     palau

      Affirming that their Governments and the relationship between
    their Governments are founded upon respect for human rights and
    fundamental freedoms for all: and
      Affirming the common interests of the United States of
    America and the people of Palau in creating close and mutually
    beneficial relationships through a free and voluntary
    association of their Governments; and
      Affirming the interest of the Government of the United States
    in promoting the economic advancement and self-sufficiency of
    the people of Palau; and
      Recognizing that their previous relationship has been based
    upon the International Trusteeship System of the United Nations
    Charter; and that pursuant to Article 76 of the Charter, the
    peoples of the Trust Territory have progressively developed
    their institutions of self-government, and that in the exercise
    of their sovereign right to self-determination they have,
    through their free-expressed wishes, adopted a Constitution
    appropriate to their particular circumstances; and
      Recognizing their common desire to terminate the Trusteeship
    and establish a new government-to-government relationship in
    accordance with a new political status based on the freely-
    expressed wishes of the people of Palau and appropriate to
    their particular circumstances; and
      Recognizing that the people of Palau have and retain their
    sovereignty and their sovereign right to self-determination and
    the inherent right to adopt and amend their own Constitution
    and form of government and that the approval of the entry of
    their Government into this Compact of Free Association by the
    people of Palau constitutes an exercise of their sovereign
    right to self-determination;
      NOW, THEREFORE, AGREE to enter into relationship of free
    association which provides a full measure of self-government
    for the people of Palau; and
      FURTHER AGREE that the relationships of free association
    derives from and is as set forth in this Compact; and that,
    during such relationships of free association, the respective
    rights and responsibilities of the Government of the United
    States and the Government of the freely associated state of
    Palau in regard to this relationship of free association
    derives from and is as set forth in this Compact.

                                   TITLE ONE

                              GOVERNMENT RELATIONS

                                   Article I

                                Self-government

    Section 111

      The people of Palau, acting through their duly elected
    government established under their constitution, are self-
    governing.

                                   Article II

                                Foreign Affairs

    Section 121

      (a) The Republic of Palau has the capacity to conduct foreign
    affairs in its own name and right, except as otherwise provided
    in this Compact and the Government of the United States
    recognizes that the Government of Palau, in the exercise of
    this capacity, may enter into, in its own name and right,
    treaties and other international agreements with governments
    and regional and international organizations.
      (b) In the conduct of its foreign affairs the Government of
    Palau confirms that it shall act in accordance with principles
    of international law and shall settle its international
    disputes by peaceful means.

    Section 122

      The Government of the United States shall support application
    by the Government of Palau for membership or other
    participation in regional or international organizations as may
    be mutually agreed. The Government of the United States agrees
    to accept citizens of Palau for training and instruction at the
    United States Foreign Service Institute, established under 22
    U.S.C. 4021, or similar training under terms and conditions to
    be mutually agreed.

    Section 123

      In recognition of the authority and responsibility of the
    Government of the United States under Title Three, the
    Government of Palau shall consult with the Government of the
    United States. The Government of the United States, in the
    conduct of its foreign affairs, shall consult with the
    Government of Palau on matters which the Government of the
    United States regards as relating to or affecting the
    Government of Palau, and shall provide, on a regular basis,
    information on regional foreign policy matters.

    Section 124

      (a) The Government of Palau has authority to conduct its
    foreign affairs relating to law of the sea and marine resources
    matters, including the harvesting, conservation, exploration or
    exploitation of living and nonliving resources from the sea,
    seabed or subsoil to the full extent recognized under
    international law.
      (b) The Government of Palau has jurisdiction and sovereignty
    over its territory, including its land and internal waters,
    territorial seas, the airspace superjacent thereto only to the
    extent recognized under international law.

    Section 125

      Except as otherwise provided in this Compact or its related
    agreements, all obligations, responsibilities, rights and
    benefits of the Government of the United States as
    administering authority which have resulted from the
    application pursuant to the Trusteeship Agreement of any treaty
    or other international agreement to the Trust Territory of the
    Pacific Islands on the day preceding the effective date of this
    Compact are no longer assumed and enjoyed by the Government of
    the United States.

    Section 126

      The Government of the United States shall accept
    responsibility for those actions taken by the Government of
    Palau in the area of foreign affairs, only as may from time to
    time be expressly and mutually agreed.

    Section 127

      The Government of the United States may assist or act on
    behalf of the Government of Palau in the area of foreign
    affairs as may be requested and mutually agreed from time to
    time. The Government of the United States shall not be
    responsible to third parties for the actions of the Government
    of Palau undertaken with the assistance or through the agency
    of the Government of the United States pursuant to this Section
    unless expressly agreed.

    Section 128

      At the request of the Government of Palau and subject to the
    consent of the receiving state, the Government of the United
    States shall extend consular assistance on the same basis as
    for citizens of the United States to citizens of Palau for
    travel outside of Palau, the Marshall Islands, the Federated
    States of Micronesia, the United States and its territories and
    possessions.

                                  Article III

                                 Communications

    Section 131

      (a) The Government of Palau has full authority and
    responsibility to regulate its domestic and foreign
    communications, and the Government of the United States shall
    provide communication assistance in accordance with the terms
    of a related agreement which shall come into effect
    simultaneously with this Compact, and such agreement shall
    remain in effect until such time as any election is made
    pursuant to Section 131(b) and which shall provide for the
    following:
              (1) the Government of the United States remains the
            sole administration entitled to make notification to
            the International Frequency Registration Board of the
            International Telecommunications Union of frequency
            assignments to radio communications stations in Palau;
            and to submit to the International Frequency
            Registration Board seasonal schedules for the
            broadcasting stations in Palau in the bands allocated
            exclusively to the broadcasting service between 5,950
            and 26,100 kHz and in any other additional frequency
            bands that may be allocated to use by high frequency
            broadcasting stations; and
              (2) the United States Federal Communications
            Commission has jurisdiction, pursuant to the
            Communications Act of 1934, 47 U.S.C. 151 et seq., and
            the Communications Satellite Act of 1962, 47 U.S.C. 721
            et seq., over all domestic and foreign communications
            services furnished by means of satellite earth terminal
            stations where such stations are owned or operated by
            United States common carriers and are located in Palau.
      (b) The Government of Palau may elect at any time to
    undertake the functions enumerated in Section 131(a) and
    previously performed by the Government of the United States.
    Upon such election, the Government of the United States shall
    so notify the International Frequency Registration Board and
    shall take such other actions as may be necessary to transfer
    to the Government of Palau the notification authority referred
    to in Section 131(a) and all rights deriving from the previous
    exercise of any such notification authority by the Government
    of the United States.

    Section 132

      The Government of Palau shall permit the Government of the
    United States to operate telecommunications services in Palau
    to the extent necessary to fulfill the obligations of the
    Government of the United States under this Compact in
    accordance with the terms of related agreements which shall
    come into effect simultaneously with this Compact.

                                   Article IV

                                  Immigration

    Section 141

      (a) Any person in the following categories may enter into,
    lawfully engage in occupations, and establish residence as a
    nonimmigrant in the United States and its territories and
    possessions without regard to paragraphs (14), (20), and (26)
    of section 212(a) of the Immigration and Nationality Act, 8
    U.S.C. 1182(a) (14), (20), and (26):
              (1) a person who, on the day preceding the effective
            date of this Compact, is a citizen of 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 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 there for not less than five years
            after attaining such naturalization and who holds a
            certificate of actual residence.
    Such persons shall be considered to have the permission of the
    Attorney General of the United States to accept employment in
    the United States.
      (b) The right of such persons to establish habitual residence
    in a territory or possession of the United States may, however,
    be subjected to nondiscriminatory 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.
      (c) 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.

    Section 142

      (a) Any citizen or national of the United States may enter
    into, lawfully engage in occupations, and reside in Palau,
    subject to the right of that Government to deny entry to or
    deport any such citizen or national as an undesirable alien. A
    citizen or national of the United States may establish habitual
    residence or domicile in Palau only in accordance with the laws
    of Palau. This subsection is without prejudice to the right of
    the Government of Palau to regulate occupations in Palau in a
    nondiscriminatory manner.
      (b) With respect to the subject matter of this Section, the
    Government of Palau shall accord to citizens and nationals of
    the United States treatment no less favorable than that
    accorded to citizens of other countries; any denial of entry to
    or deportation of a citizen or national of the United States as
    an undesirable alien must be pursuant to reasonable statutory
    grounds.

    Section 143

      (a) The privileges set forth in Section 141 shall not apply
    to any person who takes an affirmative step to preserve or
    acquire a citizenship or nationality other than that of Palau.
      (b) Every person having the privileges set forth in Sections
    141 and 142 who possesses a citizenship or nationality other
    than that of Palau or the United States ceases to have these
    privileges two years after the effective date of this Compact,
    or within six months after becoming 21 years of age, whichever
    comes later, unless such person executes an oath of
    renunciation of that other citizenship or nationality.

    Section 144

      (a) A citizen or national of the United States who, after
    notification to the Government of the United States of an
    intention to employ such person by the Government of Palau,
    commences employment with that Government shall not be deprived
    of his United States nationality pursuant to Section 349 (a)(2)
    and (a)(4) of the Immigration and Nationality Act, 8 U.S.C.
    1481 (a)(2) and (a)(4).
      (b) Upon such notification by the Government of Palau, the
    Government of the United States may consult with or provide
    information to the notifying Government concerning the
    prospective employee, subject to the provisions of the Privacy
    Act, 5 U.S.C. 552a.
      (c) The requirement of prior notification shall not apply to
    those citizens or nationals of the United States who are
    employed by the Government of Palau on the effective date of
    this Compact with respect to the positions held by them at that
    time.

                                   Article V

                                 Representation

    Section 151

      The Government of the United States and the Government of
    Palau may establish and maintain representative offices in the
    capitals of the other.

    Section 152

      (a) The premises of such representatives offices, and their
    archives wherever located, shall be inviolable. The property
    and assets of such representative offices shall be immune from
    search, requisition, attachment and any form of seizure unless
    such immunity is expressly waived. Official communications in
    transit shall be inviolable and accorded the freedom and
    protections accorded by recognized principles of international
    law to official communications of a diplomatic mission.
      (b) Persons designated by the sending Government may serve in
    the capacity of its resident representatives with the consent
    of the receiving Government. Such designated persons shall be
    immune from civil and criminal process relating to words spoken
    or written and all acts performed by them in their official
    capacity and falling within their functions as such
    representatives, except insofar as such immunity may be
    expressly waived by the sending Government. While serving in a
    resident representative capacity, such designated persons shall
    not be liable to arrest or detention pending trial, except in
    the case of a grave crime and pursuant to a decision by a
    competent judicial authority, and such persons shall enjoy
    immunity from seizure of personal property, immigration
    restrictions, and laws relating to alien registration,
    fingerprinting, and the registration of foreign agents.
      (c) The sending Governments and their respective assets,
    income and other property shall be exempt from all direct
    taxes, except those direct taxes representing payment for
    specific goods and services, and shall be exempt from all
    customs duties and restrictions on the import or export of
    articles required for the official functions and personal use
    of their representatives and representative offices.
      (d) Persons designated by the sending Government to serve in
    the capacity of its resident representatives shall enjoy the
    same taxation exemptions as are set forth in Article 34 of the
    Vienna Convention on Diplomatic Relations.
      (e) The privileges, exemptions and immunities accorded under
    this Section are not for the personal benefit of the
    individuals concerned but are to safeguard the independent
    exercise of their official functions. Without prejudice to
    those privileges, exemptions and immunities, it is the duty of
    all such persons to respect the laws and regulations of the
    Government to which they are assigned.

                                   Article VI

                            Environmental Protection

    Section 161

      The Government of the United States and the Government of
    Palau declare that it is their policy to promote efforts to
    prevent or eliminate damage to the environment and biosphere
    and to enrich understanding of the natural resources of the
    Palau.

    Section 162

      (a) \6\ The Government of the United States and the
    Government of Palau agree that with respect to the activities
    of the Government of the United States in Palau, and with
    respect to substantively equivalent activities of the
    Government of Palau, each of the Governments shall be bound by
    such environmental protection standards as may be mutually
    agreed for the purpose of carrying out the policy set forth in
    this Compact.
    ---------------------------------------------------------------------------
        \6\ As enrolled; no subsec. (b).

    Section 163

      In order to carry out the policy set forth in this Article,
    the Government of the United States and the Government of Palau
    agree to the following undertakings.
      (a) The Government of the United States:
              (1) shall apply environmental standards substantively
            similar to those in effect on the day preceding the
            effective date of this Compact to any activity
            requiring the preparation of an Environmental Impact
            Statement under the provisions of the National
            Environmental Policy Act of 1969, 83 Stat. 852, 42
            U.S.C. 4321 et seq.
              (2) shall develop, prior to conducting any activity
            included within the category described in this Section,
            appropriate mechanisms, including regulations or other
            standards and procedures, to regulate such activity in
            Palau in a manner appropriate to the special
            governmental relationship set forth in this Compact.
            The Government of the United States shall provide the
            Government of Palau with the opportunity to comment
            formally during the development of such mechanisms.
      (b) The Government of Palau shall develop standards and
    procedures to protect the environment of Palau. As a reciprocal
    obligation to the undertakings of the Government of the United
    States under this Article, the Government of Palau, taking into
    account the particular environment of Palau, shall develop
    standards for environmental protection substantively similar to
    those required of the Government of the United States by
    Section 163(a)(1) prior to conducting activities in Palau
    substantively equivalent to activities conducted there by the
    Government of the United States and, as a further reciprocal
    obligation, shall enforce those standards.
      (c) Section 163(a), including any standard or procedure
    applicable thereunder, and Section 163(b) may be modified or
    superseded in whole or in part by agreement of the Government
    of the United States and the Government of Palau.
      (d) Disputes arising under this Article, except for Section
    163(e), shall be resolved exclusively in accordance with
    Article II of Title Four.
      (e) The President of the United States may exempt any of the
    activities of the Government of the United States under this
    Compact and its related agreements from any environmental
    standard or procedure which may be applicable under this
    Article if the President determines it to be in the paramount
    interest of the Government of the United States to do so,
    consistent with Title Three of this Compact and the obligations
    of the Government of the United States under international law.
    Prior to any decision pursuant to this subsection, the views of
    the Government of Palau shall be sought and considered to the
    extent practicable. If the President grants such an exemption,
    to the extent practicable, a report with his reasons for
    granting such exemption shall be given promptly to the
    Government of Palau.

                                  Article VII

                            General Legal Provisions

    Section 171

      Except as provided in this Compact or its related agreements,
    the application of the laws of the United States to the Trust
    Territory of the Pacific Islands by virtue of the Trusteeship
    Agreement ceases with respect to Palau as of the effective date
    of this Compact.

    Section 172

      (a) Every citizen of Palau who is not a resident of the
    United States shall enjoy the rights and remedies under the
    laws of the United States enjoyed by any nonresident alien.
      (b) The Government and every citizen of Palau shall be
    considered a ``person'' within the meaning of the Freedom of
    Information Act, 5 U.S.C. 552, and of the judicial review
    provisions of the Administrative Procedure Act, 5 U.S.C. 701-
    706.

    Section 173

      The Government of the United States and the Government of
    Palau, agree to adopt and enforce such measures, consistent
    with this Compact and its related agreements, as may be
    necessary to protect the personnel, property, installations,
    services, programs and official archives and documents
    maintained by the Government of the United States in Palau
    pursuant to this Compact and its related agreements and by that
    Government in the United States pursuant to this Compact and
    its related agreements.

    Section 174

      Except as otherwise provided in this Compact and its related
    agreements:
      (a) The Government of Palau shall be immune from the
    jurisdiction of the courts of the United States, and the
    Government of the United States shall be immune from the
    jurisdiction of the courts of Palau.
      (b) The Government of the United States accepts
    responsibility for and shall pay:
              (1) any unpaid money judgment rendered by the High
            Court of the Trust Territory of the Pacific Islands
            against the Government of the Trust Territory of the
            Pacific Islands or the Government of the United States
            with regard to any cause of action arising as a result
            of acts or omissions of the Government of the Trust
            Territory of the Pacific Islands or the Government of
            the United States prior to the effective date of this
            Compact;
              (2) any claim settled by the claimant and the
            Government of the Trust Territory of the Pacific
            Islands but not paid as of the effective date of this
            Compact; and
              (3) settlement of any administrative claim or of any
            action before a court of the Trust Territory of the
            Pacific Islands, pending as of the effective date of
            this Compact, against the Government of the Trust
            Territory of the Pacific Islands or the Government of
            the United States, arising as a result of acts or
            omissions of the Government of the Trust Territory of
            the Pacific Islands or the Government of the United
            States.
      (c) Any claim not referred to in Section 174(b) and arising
    from an act or omission of the Government of the Trust
    Territory of the Pacific Islands or the Government of the
    United States prior to the effective date of this Compact shall
    be adjudicated in the same manner as a claim adjudicated
    according to Section 174(d). In any claim against the
    Government of the Trust Territory of the Pacific Islands, the
    Government of the United States shall stand in the place of the
    Government of the Trust Territory of the Pacific Islands. A
    judgment on any claim referred to in Section 174(b) or this
    subsection, not otherwise satisfied by the Government of the
    United States, may be presented for certification to the United
    States Court of Appeals for the Federal Circuit, or its
    successor court, which shall have jurisdiction therefor,
    notwithstanding the provisions of 28 U.S.C. 1502, and which
    court's decisions shall be reviewable as provided by the laws
    of the United States. The United States Court of Appeals for
    the Federal Circuit shall certify such judgment, and order
    payment thereof, unless it finds, after a hearing, that such
    judgment is manifestly erroneous as to law or fact, or
    manifestly excessive. In either of such cases the United States
    Court of Appeals for the Federal Circuit shall have
    jurisdiction to modify such judgment.
      (d) The Government of Palau, shall not be immune from the
    jurisdiction of the courts of the United States, and the
    Government of the United States shall not be immune from the
    jurisdiction of the courts of Palau in any case in which the
    action is based on a commercial activity of the defendant
    Government carried out where the action is brought, or in a
    case in which damages are sought for personal injury or death
    or damage to or loss of property occurring where the action is
    brought. This subsection shall apply only to actions based on
    commercial activities entered into or injuries or losses
    suffered on or after the effective date of this Compact.

    Section 175

      A separate agreement, which shall come into effect
    simultaneously with this Compact, shall be concluded between
    the Government of the United States and the Government of Palau
    regarding mutual assistance and cooperation in law enforcement
    matters including the pursuit, capture, imprisonment and
    extradition of fugitives from justice and the transfer of
    prisoners. The separate agreement shall have the force of law.
    In the United States, the laws of the United States governing
    international extradition, including 18 U.S.C. 3184, 3186 and
    3188-3195, shall be applicable to the extradition of fugitives
    under the separate agreement, and the laws of the United States
    governing the transfer of prisoners, including 18 U.S.C. 4100-
    4115, shall be applicable to the transfer of prisoners under
    the separate agreement.

    Section 176

      The Government of Palau confirms that final judgments in
    civil cases rendered by any court of the Trust Territory of the
    Pacific Islands shall continue in full force and effect,
    subject to the constitutional power of the courts of Palau to
    grant relief from judgments in appropriate cases.

    Section 177

      (a) Federal agencies of the Government of the United States
    which provide services and related programs in Palau are
    authorized to settle and pay tort claims arising in Palau from
    the activities of such agencies or from the acts or omissions
    of the employees of such agencies. Except as provided in
    Section 177(b), the provisions of 28 U.S.C. 2672 and 31 U.S.C.
    1304 shall apply exclusively to such administrative settlements
    and payments.
      (b) Claims under Section 177(a) which cannot be settled under
    Section 177(a) shall be disposed of exclusively in accordance
    with Article II of Title Four. Arbitration awards rendered
    pursuant to this subsection shall be paid out of funds under 31
    U.S.C. 1304.
      (c) The Government of the United States and the Government of
    Palau shall provide for:
              (1) the administrative settlement of claims referred
            to in Section 177(a), including designation of local
            agents in Palau, such agents to be empowered to accept,
            investigate and settle such claims, in a timely manner,
            as provided in such related agreements; and
              (2) arbitration, referred to in Section 177(b), in a
            timely manner, at a site convenient to the claimant, in
            the event a claim is not otherwise settled pursuant to
            Section 177(a).
      (d) The provisions of Section 174(d) shall not apply to
    claims covered by this Section.

                                   TITLE TWO

                               ECONOMIC RELATIONS

                                   Article I

                                Grant Assistance

    Section 211

      In order to assist the Government of Palau in its efforts to
    advance the well-being of the people of Palau and in
    recognition of the special relationship that exists between the
    United States and Palau, the Government of the United States
    shall provide to the Government of Palau on a grant basis the
    following amounts:
      (a) $12 million annually for ten years commencing on the
    effective date of this Compact, and $11 million annually for
    five years commencing on the tenth anniversary of the effective
    date of this Compact, for current account operations and
    maintenance purposes, which amounts commencing on the fourth
    anniversary of the effective date of this Compact shall include
    a minimum annual distribution of $5 million from the fund
    specified in Section 211(f).
      (b) $2 million annually for fourteen years commencing on the
    first anniversary of the effective date of this Compact as a
    contribution to efforts aimed at achieving increased self-
    sufficiency in energy production, of which annual amounts not
    less than $500,000 shall be devoted to the energy needs of
    those parts of Palau not served by its central power-generating
    facility.
      (c) $150,000 annually for fifteen years commencing on the
    effective date of this Compact as a contribution to current
    account operations and maintenance of communications systems,
    and the sum of $1.5 million, to be made available concurrently
    with the grant assistance provided during the first year after
    the effective date of this Compact, for the purpose of
    acquiring such communications hardware as may be located within
    Palau or for such other current or capital account activity as
    the Government of Palau may select.
      (d) $631,000 annually on a current account basis for fifteen
    years commencing on the effective date of this Compact for the
    purposes set forth below:
              (1) for the surveillance and enforcement by
            Government of Palau of its maritime zone;
              (2) for health and medical programs, including
            referrals to hospital and treatment centers; and
              (3) for a scholarship fund to support the post-
            secondary education of citizens of Palau attending
            United States accredited, post-secondary institutions
            in Palau, the United States, its territories and
            possessions, and states in free association with the
            United States. The curricular criteria for the award of
            scholarships shall be designed to advance the purposes
            of the plan referred to in Section 231.
      (e) The sum of $666,800 as a contribution to the commencement
    of activities pursuant to Section 211(d)(1).
      (f) The sum of $66 million on the effective date of this
    Compact, and the sum of $4 million concurrently with the grant
    assistance to be made available during the third year after the
    effective date of this Compact, to create a fund to be invested
    by the Government of Palau in issues of bonds, notes or other
    redeemable instruments of the Government of the United States
    or other qualified instruments which may be identified by
    mutual agreement of the Government of the United States and the
    Government of Palau. Investment of the fund in qualified
    instruments of United States nationality, and the distribution
    of sums derived from such investment to the Government of
    Palau, shall not be subject to any form of taxation by the
    United States or its political subdivisions. The Government of
    the United States and the Government of Palau shall set forth
    in a separate agreement, which shall come into effect
    simultaneously with this Compact, provisions for the
    investment, management and review of the fund so as to allow
    for an agreed minimum annual distribution from its accrued
    principal and interest commencing upon the effective date of
    this Compact for fifty years. The objective of this sum is to
    produce an average annual distribution of $15 million
    commencing on the fifteenth anniversary of this Compact for
    thirty-five years. Any excess or variance from the agreed
    minimum annual distributions which may be produced from these
    sums shall accrue to or be absorbed by the Government of Palau
    unless otherwise mutually agreed in accordance with the
    provisions of the separate agreement referred to in this
    paragraph. The annual distributions produced from these sums
    are not subject to Sections 215 and 236.

    Section 212

      In order to assist the Government of Palau in its efforts to
    advance the economic development and self-sufficiency of the
    people of Palau and in recognition of the special relationship
    that exists between the United States and Palau, the Government
    of the United States shall provide:
      (a) To the people of Palau, a road system in accordance with
    mutually agreed specifications, the construction of which shall
    be completed prior to the sixth anniversary of the effective
    date of this Compact; and
      (b) To the Government of Palau, the sum of $36 million,
    during the first year after the effective date of this Compact,
    for capital account purposes.

    Section 213

      The Government of the United States shall provide on a grant
    basis to the Government of Palau the sum of $5.5 million in
    conjunction with Article II of Title Three. This sum shall be
    made available concurrently with the grant assistance provided
    pursuant to this Article during the first year after the
    effective date of this Compact. The Government of Palau, in its
    use of such funds, shall take into account the impact of the
    activities of the Government of the United States in Palau.

    Section 214

      All funds previously appropriated to the Trust Territory of
    the Pacific Islands for the Government of Palau which are
    unobligated by the Government of the Trust Territory as of the
    effective date of this Compact shall accrue to the Government
    of Palau for the purposes for which such funds were originally
    appropriated as determined by the Government of the United
    States.

    Section 215

      Except as otherwise provided, the amounts stated in Sections
    211(a), 211(b), 211(c) and 212(b) shall be adjusted for each
    fiscal year by the percent which equals two-thirds of the
    percentage change in the United States Gross National Product
    Implicit Price Deflator, or seven percent, whichever is less in
    any one year, using the beginning of Fiscal Year 1981 as the
    base.

                                   Article II

                               Program Assistance

    Section 221

      (a) The Government of the United States shall make available
    to Palau, in accordance with and to the extent provided in the
    separate agreement referred to in Section 232, without
    compensation and at the levels equivalent to those available to
    the Trust Territory of the Pacific Islands during the year
    prior to the effective date of this Compact, the services and
    related programs:
              (1) of the United States Weather Service;
              (2) provided pursuant to the Postal Reorganization
            Act, 39 U.S.C. 101 et seq.;
              (3) of the United States Federal Aviation
            Administration; and
              (4) of the United States Civil Aeronautics Board or
            its successor agencies which has the authority to
            implement the provisions of paragraph 5 of Article IX
            of such separate agreements, the language of which is
            incorporated into this Compact.
      (b) The Government of the United States, recognizing the
    special needs of the Palau particularly in the fields of
    education and health care, shall make available, as provided by
    the laws of the United States,
              (1) the annual amount of $2 million which shall be
            allocated in accordance with the provisions of the
            separate agreement referred to in Section 232; and
              (2) the sums of $4.3 million, $2.9 million and $1.5
            million, respectively, during the first, second and
            third years after the effective date of this Compact,
            which sums shall be used by the Government of Palau as
            current account funds to finance programs similar to
            those programs of the United States that applied to
            Palau prior to the effective date of this Compact and
            that provided financial assistance for education to any
            institution, agency, organization or permanent resident
            of Palau or to the College of Micronesia.
      (c) The Government of the United States shall make available
    to Palau such alternate energy development projects, studies
    and conservation measures as are applicable to the Trust
    Territory of the Pacific Islands on the day preceding the
    effective date of this Compact, for the purposes and duration
    provided in the laws of the United States.
      (d) The Government of the United States shall have and
    exercise such authority as is necessary for the purposes of
    this Article and as is set forth in the related agreements
    referred to in Section 232, which shall also set forth the
    extent to which services and programs shall be provided to
    Palau.

    Section 222

      The Government of Palau may request, from time to time,
    technical assistance from the Federal agencies and institutions
    of the Government of the United States, which are authorized to
    grant such technical assistance in accordance with its law and
    which shall grant such technical assistance in a manner which
    gives priority consideration to Palau over other recipients not
    a part of the United States, its territories or possessions and
    equivalent consideration to Palau with respect to other states
    in Free Association with the United States.

    Section 223

      The citizens of Palau who are receiving post-secondary
    education assistance from the Government of the United States
    on the day preceding the effective date of this Compact shall
    continue to be eligible, if otherwise qualified, to receive
    such assistance to complete their academic programs for a
    maximum of four years after the effective date of this Compact.

    Section 224

      The Government of the United States and the Government of
    Palau may agree from time to time to the extension to Palau of
    additional United States grant assistance and of United States
    services and programs as provided by the laws of the United
    States.

                                  Article III

                           Administrative Provisions

    Section 231

      (a) The annual expenditure by the Government of Palau of the
    grant amounts specified in Article I of this Title shall be in
    accordance with an official national development plan
    promulgated by the Government of Palau and concurred in by the
    Government of the United States prior to the effective date of
    this Compact. This plan may be amended from time to time by the
    Government of Palau.
      (b) The Government of the United States and the Government of
    Palau recognize that the achievement of the goals of the plan
    referred to in this Section depends upon the availability of
    adequate internal revenue as well as economic assistance from
    sources outside of Palau, including the Government of the
    United States, and may, in addition, be affected by the impact
    of exceptional, economically adverse circumstances. The
    Government of Palau shall therefore report annually to the
    President of the United States and to the Congress of the
    United States on the implementation of this plan and on its use
    of the funds specified in this Article. This report shall
    outline the achievements of the plan to date and the need, if
    any, for an additional authorization and appropriation of
    economic assistance for that year to account for any
    exceptional, economically adverse circumstances. The
    availability of such additional economic assistance from the
    Government of the United States shall be subject to the
    authorization and appropriation of funds by the Government of
    the United States.

    Section 232

      The specific nature, extent and contractual arrangements of
    the services and programs provided for in Section 221 as well
    as the legal status of agencies of the Government of the United
    States, their civilian employees and contractors, and the
    dependents of such personnel while present in Palau, and other
    arrangements in connection with a service or program furnished
    by the Government of the United States, are set forth in
    related agreements which shall come into effect simultaneously
    with this Compact.

    Section 233

      The Government of the United States, in consultation with the
    Government of Palau, shall determine and implement procedures
    for the periodic audit of all grants and other assistance made
    under this Title. Such audits shall be conducted at no cost to
    the Government of Palau.

    Section 234

      Title to the property of the Government of the United States
    situated in the Trust Territory of the Pacific Islands and in
    Palau or acquired for or used by the Government of the Trust
    Territory of the Pacific Islands on or before the day preceding
    the effective date of this Compact shall, without reimbursement
    or transfer of funds, vest in the Government of Palau as set
    forth in a separate agreement which shall come into effect
    simultaneously with this Compact. The provisions of this
    Section shall not apply to the personal property of the
    Government of the United States for which the Government of the
    United States determines a continuing requirement.

    Section 235

      (a) Funds held in trust by the High Commissioner of the Trust
    Territory of the Pacific Islands, in his official capacity, as
    of the effective date of this Compact shall remain available as
    trust funds to their designated beneficiaries. The Government
    of the United States, in consultation with the Government of
    Palau, shall appoint a new trustee who shall exercise the
    functions formerly exercised by the High Commissioner of the
    Trust Territory of the Pacific Islands.
      (b) To provide for the continuity of administration, and to
    assure the Governments of Palau that the purposes of the laws
    of the United States are carried out and that the funds of any
    other trust fund in which the High Commissioner of the Trust
    Territory of the Pacific Islands has authority of a statutory
    or customary nature shall remain available as trust funds to
    their designated beneficiaries, the Government of the United
    States agrees to assume the authority formerly vested in the
    High Commissioner of the Trust Territory of the Pacific
    Islands.

    Section 236

      Except as otherwise provided, approval of this Compact by the
    Government of the United States shall constitute a pledge of
    the full faith and credit of the United States for the full
    payment of the sums and amounts specified in Article I of this
    Title. The obligation of the Government of the United States
    under Article I of this Title shall be enforceable in the
    United States Court of Federal Claims,\7\ or its successor
    court, which shall have jurisdiction in cases arising under
    this Section, notwithstanding the provisions of 28 U.S.C. 1502,
    and which court's decisions shall be reviewable as provided by
    the laws of the United States.
    ---------------------------------------------------------------------------
        \7\ Sec. 902(b)(1) of Public Law 102-572 (106 Stat. 4516) provided
    that reference to the ``United States Claims Court'' in any Federal law
    or document shall be deemed to refer to the ``United States Court of
    Federal Claims''.
    ---------------------------------------------------------------------------

                                   Article IV

                                     Trade

    Section 241

      Palau is not included in the customs territory of the United
    States.

    Section 242

      The President of the United States shall proclaim the
    following tariff treatment for articles imported from Palau
    which shall apply during the period of effectiveness of this
    Title:
      (a) Unless otherwise excluded, articles imported from Palau,
    subject to the limitations imposed under sections 503(b) and
    504(c) of title 5 of the Trade Act of 1974 (19 U.S.C. 2463(b):
    2464(c)), shall be exempt from duty.
      (b) Only canned tuna provided for in item 112.30 of the
    Tariff Schedules of the United States that is imported from the
    Federated States of Micronesia, the Marshall Islands and Palau
    during any calendar year not to exceed 10 percent of the United
    States consumption of canned tuna during the immediately
    preceding calendar year, as reported by the National Marine
    Fisheries Service, shall be exempt from duty; but the quantity
    of tuna given duty free treatment under this paragraph for any
    calendar year shall be counted against the aggregate quantity
    of canned tuna that is dutiable under rate column numbered 1 of
    such item 112.30 for that calendar year.
      (c) The duty-free treatment provided under paragraph (1)
    shall not apply to:
              (1) watches, clocks and timing apparatus provided for
            in sub-part E of part 2 of schedule 7 of the Tariff
            Schedules of the United States;
              (2) buttons (whether finished or not finished)
            provided for in item 745.32 of such Schedules;
              (3) textile and apparel articles which are subject to
            textile agreements; and
              (4) footwear, handbags, luggage, flat goods, work
            gloves, and leather wearing apparel which were not
            eligible articles for purposes of title V of the Trade
            Act of 1974 (19 U.S.C. 2461 et seq.) on April 1, 1984.
      (d) If the cost or value of materials produced in the customs
    territory of the United States is included with respect to an
    eligible article which is a product of Palau, an amount not to
    exceed 15 percent of the appraised value of the article at the
    time it is entered that is attributable to such United States
    cost or value may be applied for duty assessment purposes
    toward determining the percentage referred to in section
    503(b)(2) of title V of the Trade Act of 1974.

    Section 243

      Articles imported from Palau which are not exempt from any
    duty under paragraphs (a), (b), (c) and (d) of Section 242
    shall be subject to the rates of duty set forth in column
    numbered 1 of the Tariff Schedules of the United States and all
    products of the United States imported into Palau shall receive
    treatment no less favorable than that accorded like products of
    any foreign country with respect to customs duties or charges
    of a similar nature and with respect to laws and regulations
    relating to importation, exportation, taxation, sale,
    distribution, storage, or use.

                                   Article V

                              Finance and Taxation

    Section 251

      The currency of the United States is the official circulating
    legal tender of Palau. Should the Government of Palau act to
    institute another currency, the terms of an appropriate
    currency transitional period shall be as agreed with the
    Government of the United States.

    Section 252

      The Government of Palau may, with respect to United States
    persons, tax income derived from sources within its respective
    jurisdiction, property situated therein, including transfers of
    such property by gift or at death, and products consumed
    therein, in such manner as such Government deems appropriate.
    The determination of the source of any income, or the situs of
    any property, shall, for purposes of this Compact, be made
    according to the United States Internal Revenue Code.

    Section 253

      A citizen of Palau, domiciled therein and who is a
    nonresident and not a citizen of the United States, shall be
    exempt from estate, gift, and generation-skipping transfer
    taxes imposed by the Government of the United States.

    Section 254

      (a) In determining any income tax imposed by the Government
    of Palau, the Government of Palau shall have authority to
    impose tax upon income derived by a resident of Palau from
    sources without Palau in the same manner and to the same extent
    as the Government of Palau imposes tax upon income derived from
    within its jurisdiction. If the Government of Palau exercises
    such authority as provided in this subsection, any individual
    resident of Palau who is subject to tax by the Government of
    the United States on income which is also taxed by the
    Government of Palau shall be relieved of liability to the
    Government of the United States for the tax which, but for this
    subsection, would otherwise be imposed by the Government of the
    United States on such income. For purposes of this Section, the
    term ``resident of Palau'' shall be deemed to include any
    person who was physically present in Palau for a period of 183
    or more days during any taxable year. The relief from liability
    referred to in this subsection means only:
              (1) relief in the form of the foreign tax credit (or
            deduction in lieu thereof) available with respect to
            the income taxes of a possession of the United States,
            and
              (2) relief in the form of the exclusion under section
            911 of the United States Internal Revenue Code of
            1986.\8\
    ---------------------------------------------------------------------------
        \8\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100
    Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted
    in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited
    in any law.
    ---------------------------------------------------------------------------
      (b) If the Government of Palau subjects income to taxation
    substantially similar to that imposed by the Trust Territory
    Code in effect on January 1, 1980, such Government shall be
    deemed to have exercised the authority described in Section
    254(a).

    Section 255

      (a) For purposes of section 936 of the Internal Revenue Code
    of 1986 \8\ Palau shall be treated as if it was a possession of
    the United States.
      (b) Subsection (a) of this Section shall not apply to Palau
    for any period after December 31, 1986, during which there is
    not in effect between Palau and the United States an exchange
    of information agreement of the kind described in section
    274(h)(6)(C) (other than clause (ii) thereof) of the Internal
    Revenue Code of 1986.\8\
      (c) If the tax incentives extended to Palau under subsection
    (a) of this Section are, at any time during which the Compact
    is in effect, reduced, the United States Secretary of the
    Treasury shall negotiate an agreement with the Government of
    Palau under which, when such agreement is approved by law,
    Palau will be provided with benefits substantially equivalent
    to such reduction in benefits. If within the 1-year period
    after the date of the enactment of the Act making the reduction
    in benefits, an agreement negotiated under the preceding
    sentence is not approved by law, the matter shall be submitted
    to the Arbitration Board established pursuant to Section 424.
    For purposes of Article V of this Title, the Secretary of the
    Treasury or his delegate shall be the member of such Board
    representing the Government of the United States. Any decision
    of such Board in the matter when approved by law shall be
    binding on the United States, except that such decision
    rendered is binding only as to whether the United States has
    provided the substantially equivalent benefits referred to in
    this subsection.
      (d) For purposes of section 274(h)(3)(A) of the Internal
    Revenue Code of 1986,\8\ the term ``North American area'' shall
    include Palau.

    Section 256

      This Article shall apply to income earned, and transactions
    occurring, after September 30, 1985, in taxable years ending
    after such date.

                                  TITLE THREE

                         SECURITY AND DEFENSE RELATIONS

                                   Article I

                          Authority and Responsibility

    Section 311

      The territorial jurisdiction of the Republic of Palau shall
    be completely foreclosed to the military forces and personnel
    or for the military purposes of any nation except the United
    States of America, and as provided for in Section 312.

    Section 312

      The Government of the United States has full authority and
    responsibility for security and defense matters in or relating
    to Palau. Subject to the terms of any agreements negotiated
    pursuant to Article II of this Title, the Government of the
    United States may conduct within the lands, water and airspace
    of Palau the activities and operations necessary for the
    exercise of its authority and responsibility under this Title.
    The Government of the United States may invite the armed forces
    of other nations to use military areas and facilities in Palau
    in conjunction with and under the control of United States
    Armed Forces.

    Section 313

      The Government of Palau shall refrain from actions which the
    Government of the United States determines, after consultation
    with that Government, to be incompatible with its authority and
    responsibility for security and defense matters in or relating
    to Palau.

                                   Article II

                       Defense Sites and Operating Rights

    Section 321

      The Government of the United States may establish and use
    defense sites in Palau, and may designate for this purpose land
    and water areas and improvements in accordance with the
    provisions of a separate agreement which shall come into force
    simultaneously with this Compact.

    Section 322

      (a) When the Government of the United States desires to
    establish or use such a defense site specifically identified in
    the separate agreement referred to in Section 321, it shall so
    inform the Government of Palau which shall make the designated
    site available to the Government of the United States for the
    duration and level of use specified.
      (b) With respect to any site not specifically identified in
    the separate agreement referred to in Section 321, the
    Government of the United States shall inform the Government of
    Palau, which shall make the designated site available to the
    Government of the United States for the duration and level of
    use specified, or shall make available one alternative site
    acceptable to the Government of the United States. If such
    alternative site is unacceptable to the Government of the
    United States, the site first designated shall be made
    available after such determination.
      (c) Compensation in full for designation, establishment or
    use of defense sites is provided in Title Two of this Compact.

    Section 323

      The military operating rights of the Government of the United
    States and the legal status and contractual arrangements of the
    United States Armed Forces, their members, and associated
    civilians, while present in Palau, are set forth in related
    agreements which shall come into effect simultaneously with
    this Compact.

    Section 324

      In the exercise in Palau of its authority and responsibility
    under this Title, the Government of the United States shall not
    use, test, store or dispose of nuclear, toxic chemical, gas or
    biological weapons intended for use in warfare and the
    Government of Palau assures the Government of the United States
    that in carrying out its security and defense responsibilities
    under this Title, the Government of the United States has the
    right to operate nuclear capable or nuclear propelled vessels
    and aircraft within the jurisdiction of Palau without either
    confirming or denying the presence or absence of such weapons
    within the jurisdiction of Palau.

                                  Article III

             Defense Treaties and International Security Agreements

    Section 331

      Subject to the terms of this Compact and its related
    agreements, the Government of the United States, exclusively,
    shall assume and enjoy, as to Palau, all obligations,
    responsibilities, rights and benefits of:
      (a) Any defense treaty or other international security
    agreement applied by the Government of the United States as
    administering authority of the Trust Territory of the Pacific
    Islands as of the day preceding the effective date of this
    Compact; and
      (b) Any defense treaty or other international security
    agreement to which the Government of the United States is or
    may become a party which it determines to be applicable in
    Palau. Such a determination by the Government of the United
    States shall be preceded by appropriate consultation with the
    Government of Palau.

                                   Article IV

                Service in the Armed Forces of the United States

    Section 341

      Any citizen of Palau entitled to the privileges of Section
    141 of this Compact shall be eligible to volunteer for service
    in the Armed Forces of the United States, but shall not be
    subject to involuntary induction into military service of the
    United States so long as such person does not establish
    habitual residence in the United States, its territories or
    possessions.

    Section 342

      The Government of the United States shall have enrolled, at
    any one time, at least one qualified student from Palau as may
    be nominated by the Government of Palau, in each of:
      (a) The United States Coast Guard Academy pursuant to 14
    U.S.C. 195; and
      (b) The United States Merchant Marine Academy pursuant to 46
    U.S.C. 1295b(b)(6), provided that the provisions of 46 U.S.C.
    1295b(b)(6)(C) shall not apply to the enrollment of students
    pursuant to Section 342(b) of this Compact.

                                   Article V

                               General Provisions

    Section 351

      (a) The Government of the United States and the Government of
    Palau shall establish a joint committee empowered to consider
    disputes which may arise under the implementation of this Title
    and its related agreements.
      (b) The membership of the joint committee shall comprise
    selected senior officials of each of the participating
    Governments. The senior United States military commander in the
    Pacific area shall be the senior United States member of the
    joint committee. For the meetings of the joint committee, each
    of the Governments may designate additional or alternate
    representatives as appropriate for the subject matter under
    consideration.
      (c) Unless otherwise mutually agreed, the joint committee
    shall meet semi-annually at a time and place to be designated,
    after appropriate consultation, by the Government of the United
    States. The joint committee also shall meet promptly upon
    request of either of its members. Upon notification by the
    Government of the United States, the joint committee shall meet
    promptly in combined session with other such joint committees
    so notified. The joint committee shall follow such procedures,
    including the establishment of functional subcommittees, as the
    members may from time to time agree.
      (d) Unresolved issues in the joint committee shall be
    referred to the Government of the United States and the
    Government of Palau for resolution, and the Government of Palau
    shall be afforded, on an expeditious basis, an opportunity to
    raise its concerns with the United States Secretary of Defense
    personally regarding any unresolved issue which threatens its
    continued association with the Government of the United States.

    Section 352

      In the exercise of its authority and responsibility under
    this Compact, the Government of the United States shall accord
    due respect to the authority and responsibility of the
    Government of Palau under this Compact and to the
    responsibility of the Government of Palau to assure the well-
    being of Palau and its people. The Government of the United
    States and the Government of Palau agree that the authority and
    responsibility of the United States set forth in this Title are
    exercised for the mutual security and benefit of Palau and the
    United States, and that any attack on Palau would constitute a
    threat to the peace and security of the entire region and a
    danger to the United States. In the event of such an attack, or
    threat thereof, the Government of the United States would take
    action to meet the danger to the United States and Palau in
    accordance with its constitutional processes.

    Section 353

      (a) The Government of the United States shall not include the
    Government of Palau as a named party to a formal declaration of
    war, without the consent of the Government of Palau.
      (b) Absent such consent, this Compact is without prejudice,
    on the ground of belligerence or the existence of a state of
    war, to any claims for damages which are advanced by the
    citizens, nationals or Government of Palau which arise out of
    armed conflict subsequent to the effective date of this Compact
    and which are:
              (1) petitions to the Government of the United States
            for redress; or
              (2) claims in any manner against the government,
            citizens, nationals or entities of any third country.
      (c) Petitions under Section 353(b)(1) shall be treated as if
    they were made by citizens of the United States.

                                   TITLE FOUR

                               GENERAL PROVISIONS

                                   Article I

                          Approval and Effective Date

    Section 411

      This Compact shall come into effect upon mutual agreement
    between the Government of the United States, acting in
    fulfillment of its responsibilities as Administering Authority
    of the Trust Territory of the Pacific Islands, and the
    Government of Palau, subsequent to completion of the following:
      (a) Approval by the Government of Palau in accordance with
    its constitutional processes;
      (b) Approval by the people of Palau in a referendum called on
    this Compact; and
      (c) Approval by the Government of the United States in
    accordance with its constitutional processes.

                                   Article II

                       Conference and Dispute Resolution

    Section 421

      The Government of the United States and the Government of
    Palau shall confer promptly at the request of the other on
    matters relating to the provisions of this Compact or of its
    related agreements.

    Section 422

      In the event the Government of the United States or the
    Government of Palau, after conferring pursuant to Section 421,
    determines that there is a dispute and gives written notice
    thereof, the Governments shall make a good faith effort to
    resolve the dispute among themselves.

    Section 423

      If a dispute between the Government of the United States and
    the Government of Palau cannot be resolved within 90 days of
    written notification in the manner provided in Section 422,
    either party to the dispute may refer it to arbitration in
    accordance with Section 424.

    Section 424

      Should a dispute be referred to arbitration as provided for
    in Section 423, an arbitration board shall be established for
    the purpose of hearing the dispute and rendering a decision
    which shall be binding upon the two parties to the dispute
    unless the two parties mutually agree that the decision shall
    be advisory. Arbitration shall occur according to the following
    terms:
      (a) An arbitration board shall consist of a chairman and two
    other members, each of whom shall be a citizen of a party to
    the dispute and each of the two parties to the dispute shall
    appoint one member to the arbitration board. If either party to
    the dispute does not fulfill the appointment requirements of
    this Section within 30 days of referral of the dispute to
    arbitration pursuant to Section 423, its member on the
    arbitration board shall be selected from its own standing list
    by the other party to the dispute. Each government shall
    maintain a standing list of 10 candidates. The parties to the
    dispute shall jointly appoint a chairman within 15 days after
    selection of the other members of the arbitration board.
    Failing agreement on a chairman, the chairman shall be chosen
    by lot from the standing lists of the parties to the dispute
    within 5 days after such failure.
      (b) The arbitration board shall have jurisdiction to hear and
    render its final determination on all disputes arising
    exclusively under Articles I, II, III, IV, and VI of Title One,
    Title Two, Title Four and their related agreements.
      (c) Each member of the arbitration board shall have one vote.
    Each decision of the arbitration board shall be reached by
    majority vote.
      (d) In determining any legal issue, the arbitration board may
    have reference to international law and, in such reference,
    shall apply as guidelines the provisions set forth in Article
    38 of the Statute of the International Court of Justice.
      (e) The arbitration board shall adopt such rules for its
    proceedings as it may deem appropriate and necessary, but such
    rules shall not contravene the provisions of this Compact.
    Unless the parties provide otherwise by mutual agreement, the
    arbitration board shall endeavor to render its decision within
    30 days after the conclusion of arguments. The arbitration
    board shall make findings of fact and conclusions of law and
    its members may issue dissenting or individual opinions. Except
    as may be otherwise decided by the arbitration board, one-half
    of all costs of the arbitration shall be borne by the
    Government of the United States and the remainder shall be
    borne by the Government of Palau.

                                  Article III

                              Amendment and Review

    Section 431

      The provisions of this Compact may be amended at any time by
    mutual agreement of the Government of the United States and the
    Government of Palau in accordance with their respective
    constitutional processes.

    Section 432

      Upon the fifteenth and thirtieth and fortieth anniversaries
    of the effective date of this Compact, the Government of the
    United States and the Government of Palau shall formally review
    the terms of this Compact and its related agreements and shall
    consider the overall nature and development of their
    relationship. In these formal reviews, the governments shall
    consider the operating requirements of the Government of Palau
    and its progress in meeting the development objectives set
    forth in the plan referred to in Section 231(a). The
    governments commit themselves to take specific measures in
    relation to the findings of conclusions resulting from the
    review. Any alteration to the terms of this Compact or its
    related agreements shall be made by mutual agreement and the
    terms of this Compact and its related agreements shall remain
    in force until otherwise amended or terminated pursuant to
    Title Four of this Compact.

                                   Article IV

                                  Termination

    Section 441

      This Compact may be terminated by mutual agreement and
    subject to Section 451.

    Section 442

      This Compact may be terminated by the Government of the
    United States subject to Section 452, such termination to be
    effective on the date specified in the notice of termination by
    the Government of the United States but not earlier than six
    months following delivery of such notice. The time specified in
    the notice of termination may be extended.

    Section 443

      This Compact shall be terminated, pursuant to its
    constitutional processes, by the Government of Palau subject to
    Section 452 if the people of Palau vote in a plebiscite to
    terminate. The Government of Palau shall notify the Government
    of the United States of its intention to call such a plebiscite
    which shall take place not earlier than three months after
    delivery of such notice. The plebiscite shall be administered
    by such government in accordance with its constitutional and
    legislative processes, but the Government of the United States
    may send its own observers and invite observers from a mutually
    agreed party. If a majority of the valid ballots cast in the
    plebiscite favors termination, such government shall, upon
    certification of the results of the plebiscite, give notice of
    termination to the Government of the United States, such
    termination to be effective on the date specified in such
    notice but not earlier than three months following the date of
    delivery of such notice. The time specified in the notice of
    termination may be extended.

                                   Article V

                                 Survivability

    Section 451

      Should termination occur pursuant to Section 441, economic
    assistance by the Government of the United States shall
    continue on mutually agreed terms.

    Section 452

      Should termination occur pursuant to Section 442 or 443, the
    following provisions of this Compact shall remain in full force
    and effect until the fiftieth anniversary of the effective date
    of this Compact and thereafter as mutually agreed:
      (a) Article I and Section 233 of Title Two;
      (b) Title Three; and
      (c) Articles II, III, V and VI of Title Four.

    Section 453

      Notwithstanding any other provision of this Compact:
      (a) The provisions of Section 311, even if Title Three should
    terminate, are binding and shall remain in effect for a period
    of 50 years and thereafter until terminated or otherwise
    amended by mutual consent;
      (b) The related agreements referred to in Article II of Title
    Three shall remain in effect in accordance with their terms;
    and
      (c) The Government of the United States reaffirms its
    continuing interest in promoting the long-term economic
    advancement and self-sufficiency of the people of Palau.

    Section 454

      Any provision of this Compact which remains in effect by
    operation of Section 452 shall be construed and implemented in
    the same manner as prior to any termination of this Compact
    pursuant to Section 442 or 443.

                                   Article VI

                              Definition of Terms

    Section 461

      For the purpose of this Compact the following terms shall
    have the following meanings:
      (a) ``Trust Territory of the Pacific Islands'' means the area
    established in the Trusteeship Agreement consisting of the
    administrative districts of Kosrae, Yap, Palau, Ponape, the
    Marshall Islands and Truk as described in Title One, Trust
    Territory Code, Section 1, in force on January 1, 1979. This
    term does not include the area of the Northern Mariana Islands.
      (b) ``Trusteeship Agreement'' means the agreement setting
    forth the terms of trusteeship for the Trust Territory of the
    Pacific Islands, approved by the Security Council of the United
    Nations April 2, 1947, and by the United States July 18, 1947,
    entered into force July 18, 1947, 61 Stat. 3301, T.I.A.S. 1665,
    8 U.N.T.S. 189.
      (c) ``Palau'' is used in a geographic sense and includes the
    land and water areas to the outer limits of the territorial sea
    and the air space above such areas as now or hereafter
    recognized by the Government of the United States consistent
    with the Compact and its related agreements.
      (d) ``Government of Palau'' means the Government established
    and organized by the Constitution of Palau including all the
    political subdivisions and entities comprising that Government.
      (e) ``Habitual Residence'' means a place of general abode or
    a principal, actual dwelling place of a continuing or lasting
    nature; provided, however, that this term shall not apply to
    the residence of any person who entered the United States for
    the purpose of full time studies as long as such person
    maintains that status, or who has been physically present in
    the United States or Palau for less than one year, or who is a
    dependent of a resident representative, as described in Section
    152.
      (f) For the purposes of Article IV of Title One of this
    Compact:
              (1) ``Actual Residence'' means physical presence in
            Palau during eighty-five percent of the period of
            residency required by Section 141(a)(3); and
              (2) ``Certificate of Actual Residence'' means a
            certificate issued to a naturalized citizen by the
            Government which has naturalized him stating that the
            citizen has complied with the actual residence
            requirement of Section 141(a)(3).
      (g) ``Defense Sites'' means those land and water areas and
    improvements thereon in Palau reserved or acquired by the
    Government of Palau for use by the Government of the United
    States, as set forth in the related agreements referred to in
    Section 321.
      (h) ``Capital Account'' means, for each year of the Compact,
    those portions of the total grant assistance provided in
    Article I of Title Two, which are to be obligated for:
              (1) the construction or major repair of capital
            infrastructure; or
              (2) public and private sector projects identified in
            the official overall economic development plan.
      (i) ``Current Account'' means, for each year of the Compact,
    those portions of the total grant assistance provided in
    Article I of Title Two, which are to be obligated for recurring
    operational activities including infrastructure maintenance as
    identified in the annual budget justifications submitted yearly
    to the Government of the United States.
      (j) ``Official National Development Plan'' means the
    documented program of annual development which identifies the
    specific policy and project activities necessary to achieve a
    specified set of economic goals and objectives during the
    period of free association, consistent with the economic
    assistance authority in Title Two. Such a document should
    include an analysis of population trends, manpower
    requirements, social needs, gross national product estimates,
    resource utilization, infrastructure needs and expenditures,
    and the specific private sector projects required to develop
    the local economy of Palau. Project identification should
    include initial cost estimates, with project purposes related
    to specific development goals and objectives.
      (k) ``Tariff Schedules of the United States'' means the
    Tariff Schedules of the United States as amended from time to
    time and as promulgated pursuant to United States law and
    includes the Tariff Schedules of the United States Annotated
    (TSUSA), as amended.
      (l) ``Vienna Convention on Diplomatic Relations'' means the
    Vienna Convention on Diplomatic Relations, done April 18, 1961,
    23 U.S.T. 3227, T.I.A.S. 7502, 500 U.N.T.S. 95.

    Section 462

      The Government of the United States and the Government of
    Palau shall conclude related agreements which shall come into
    effect and shall survive in accordance with their terms, and
    which shall be construed and implemented in a manner consistent
    with this Compact, as follows:
      (a) Agreement Regarding the Provision of Telecommunication
    Services by the Government of the United States to Palau
    Concluded Pursuant to Section 131 of the Compact of Free
    Association;
      (b) Agreement Regarding the Operation of Telecommunication
    Services of the Government of the United States in Palau,
    Concluded Pursuant to Section 132 of the Compact of Free
    Association;
      (c) Agreement on Extradition, Mutual Assistance in Law
    Enforcement Matters and Penal Sanctions Concluded Pursuant to
    Section 175 of the Compact of Free Association;
      (d) Agreement Regarding United States Economic Assistance to
    the Government of Palau Concluded Pursuant to Section 211(f) of
    the Compact of Free Association;
      (e) Agreement Regarding Construction Projects in Palau
    Concluded Pursuant to Section 212(a) of the Compact of Free
    Association;
      (f) Agreement Regarding Federal Programs and Services, and
    Concluded Pursuant to Article II of Title Two and Section 232
    of the Compact of Free Association;
      (g) Agreement Regarding Property Turnover, Concluded Pursuant
    to Section 234 of the Compact of Free Association;
      (h) Agreement Regarding the Military Use and Operating Rights
    of the Government of the United States in Palau Concluded
    Pursuant to Sections 321 and 322 of the Compact of Free
    Association; and
      (i) Status of Forces Agreement Concluded Pursuant to Section
    323 of the Compact of Free Association.
      (j) Agreement regarding the Jurisdiction and Sovereignty of
    the Republic of Palau over its Territory and the Living and
    Non-living Resources of the Sea.

                                  Article VII

                             Concluding Provisions

    Section 471

      (a) The Government of the United States and the Government of
    Palau agree that they have full authority under their
    respective constitutions to enter into this Compact and its
    related agreements and to fulfill all of their respective
    responsibilities in accordance with the terms of this Compact
    and its related agreements. The Governments pledge that they
    are so committed.
      (b) The Government of the United States and the Government of
    Palau shall take all necessary steps, of a general or
    particular character, to ensure, not later than the effective
    date of this Compact, that their laws, regulations and
    administrative procedures are such as to effect the commitments
    referred to in Section 471(a).
      (c) Without prejudice to the effects of this Compact under
    international law, this Compact has the force and effect of a
    statute under the laws of the United States.

    Section 472

      This Compact may be accepted, by signature or otherwise, by
    the Government of the United States and the Government of
    Palau. Each government shall possess an original English
    language version.
      IN WITNESS THEREOF, the undersigned, duly authorized, have
    signed this Compact of Free Association which shall come into
    effect in accordance with its terms between the Government of
    the United States and the Government of Palau.

                      done at ____________, this ____ day

                  of __, one thousand nine hundred eighty-five

                               for the government

                                       of

                          the united states of america

                                _______________

                      done at ____________, this ____ day

                  of __, one thousand nine hundred eighty-five

                               for the government

                                       of

                             the republic of palau

                                  ____________

                                  jurisdiction

      Sec. 202.\8\ (a) Maritime and Territorial Jurisdiction.--With
    respect to section 321 of the Compact of Free Association and
    its related agreements, the jurisdictional provisions set forth
    in subsection (b) of this section shall apply only to the
    citizens and nationals of the United States and aliens lawfully
    admitted to the United States for permanent residence who are
    in Palau.
    ---------------------------------------------------------------------------
        \8\ 48 U.S.C. 1934 (formerly at 48 U.S.C. 1681 note).
    ---------------------------------------------------------------------------
      (b) Defense Sites.--The defense sites of the United States
    established in Palau in accordance with the Compact of Free
    Association and its related agreements are within the special
    maritime and territorial jurisdiction of the United States as
    set forth in section 7, title 18, United States Code.
      (c) Offenses.--(1) Any person referred to in subsection (a)
    of this section who within or upon such defense sites is guilty
    of any act or omission which, although not made punishable by
    any enactment of Congress, would be punishable if committed or
    omitted within the jurisdiction of the territory of Guam by the
    laws thereof, in force at the time of such act or omission,
    shall be guilty of a like offense and subject to a like
    punishment.
      (2) The District Court of Guam shall have jurisdiction to try
    all criminal offenses against the United States, including the
    laws of Guam made applicable to the defense sites in Palau by
    virtue of subsection (c)(1) of this section, committed by any
    person referred to in subsection (a) of this section.
      (3) The District Court of Guam may appoint one or more
    magistrate judges \9\ for the defense sites in Palau. Such
    Magistrate Judges \9\ shall have the power and the status of
    Magistrate Judges \9\ appointed pursuant to chapter 43, title
    28, United States Code: Provided however, That such Magistrate
    Judges \9\ shall have the power to try persons accused of, and
    sentence persons convicted of, petty offenses, as defined in
    section 1(3), title 18, United States Code, including
    violations of regulations for the maintenance of peace, order,
    and health issued by the Commanding Officer on such defense
    sites, without being subject to the restrictions provided for
    in section 3401(b), title 18, United States Code.
    ---------------------------------------------------------------------------
        \9\ Sec. 321 of Public Law 101-650 (104 Stat. 5117) struck out
    ``magistrates'' and ``Magistrates'' each place they appeared in para.
    (3) and inserted in lieu thereof ``magistrate judges'' and Magistrate
    Judges'', respectively.
    h. Covenant to Establish a Commonwealth of the Northern Mariana Islands
              in Political Union With the United States of America

      Public Law 94-241 [H.J. Res. 549], 90 Stat. 263, approved March 24,
    1976; as amended by Public Law 98-213 [S. 589], 97 Stat. 1459, approved
        December 8, 1983; Public Law 99-396 [H.R. 2478], 100 Stat. 837,
        approved August 27, 1986; Public Law 104-134 [Department of the
    Interior and Related Agencies Appropriations Act, 1996; title I of sec.
     101(c) of the Omnibus Consolidated Rescissions and Appropriations Act
       of 1996; H.R. 3019], 110 Stat. 1321, approved April 26, 1996; and
      Public Law 104-208 [Department of the Interior and Related Agencies
      Appropriations Act, 1997; title I of sec. 101(d) of title I of the
      Omnibus Consolidated Appropriations Act for Fiscal Year 1997; H.R.
               3610], 110 Stat. 3009, approved September 30, 1996

    Whereas the United States is the administering authority of the
        Trust Territory of the Pacific Islands under the terms of
        the trusteeship agreement for the former Japanese-mandated
        islands entered into by the United States with the Security
        Council of the United Nations on April 2, 1947, and
        approved by the United States on July 18, 1947; and
    Whereas the United States, in accordance with the trusteeship
        agreement and the Charter of the United Nations, has
        assumed the obligation to promote the development of the
        peoples of the trust territory toward self-government or
        independence as may be appropriate to the particular
        circumstances of the trust territory and its peoples and
        the freely expressed wishes of the peoples concerned; and
    Whereas the United States, in response to the desires of the
        people of the Northern Mariana Islands clearly expressed
        over the past twenty years through public petition and
        referendum, and in response to its own obligations under
        the trusteeship agreement to promote self-determination,
        entered into political status negotiations with
        representatives of the people of the Northern Mariana
        Islands; and
    Whereas, on February 15, 1975, a ``Covenant to Establish A
        Commonwealth of the Northern Mariana Islands in Political
        Union with the United States of America'' was signed by the
        Marianas Political Status Commission for the people of the
        Northern Mariana Islands and by the President's Personal
        Representative, Ambassador F. Haydn Williams for the United
        States of America, following which the covenant was
        approved by the unanimous vote of the Mariana Islands
        District Legislature on February 20, 1975 and by 78.8 per
        centum of the people of the Northern Mariana Islands voting
        in a plebiscite held on June 17, 1975: Now be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That \1\ the
    Covenant to Establish a Commonwealth of the Northern Mariana
    Islands in Political Union with the United States of America,
    the text of which is as follows, is hereby approved.
    ---------------------------------------------------------------------------
        \1\ 48 U.S.C. 1801.
    ---------------------------------------------------------------------------

    ``COVENANT TO ESTABLISH A COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS
              IN POLITICAL UNION WITH THE UNITED STATES OF AMERICA

        ``Whereas, the Charter of the United Nations and the
    Trusteeship Agreement between the Security Council of the
    United Nations and the United States of America guarantee to
    the people of the Northern Mariana Islands the right freely to
    express their wishes for self-government or independence; and
        ``Whereas, the United States supports the desire of the
    people of the Northern Mariana Islands to exercise their
    inalienable right of self-determination; and
        ``Whereas, the people of the Northern Mariana Islands and
    the people of the United States share the goals and values
    found in the American system of government based upon the
    principles of government by the consent of the governed,
    individual freedom and democracy; and
        ``Whereas, for over twenty years, the people of the
    Northern Mariana Islands, through public petition and
    referendum, have clearly expressed their desire for political
    union with the United States;
        ``Now, therefore, the Marianas Political Status Commission,
    being the duly appointed representative of the people of the
    Northern Mariana Islands, and the Personal Representative of
    the President of the United States have entered into this
    Covenant in order to establish a self-governing commonwealth
    for the Northern Mariana Islands within the American political
    system and to define the future relationship between the
    Northern Mariana Islands and the United States. This Covenant
    will be mutually binding when it is approved by the United
    States, by the Mariana Islands District Legislature and by the
    people of the Northern Mariana Islands in a plebiscite,
    constituting on their part a sovereign act of self-
    determination.

                                  ``Article I

                            ``political relationship

        ``Section 101. The Northern Mariana Islands upon
    termination of the Trusteeship Agreement will become a self-
    governing commonwealth to be known as the `Commonwealth of the
    Northern Mariana Islands', in political union with and under
    the sovereignty of the United States of America.
        ``Section 102. The relations between the Northern Mariana
    Islands and the United States will be governed by this Covenant
    which, together with those provisions of the Constitution,
    treaties and laws of the United States applicable to the
    Northern Mariana Islands, will be the supreme law of the
    Northern Mariana Islands.
        ``Section 103. The people of the Northern Mariana Islands
    will have the right of local self-government and will govern
    themselves with respect to internal affairs in accordance with
    a Constitution of their own adoption.
        ``Section 104. The United States will have complete
    responsibility for and authority with respect to matters
    relating to foreign affairs and defense affecting the Northern
    Mariana Islands.
        ``Section 105. The United States may enact legislation in
    accordance with its constitutional processes which will be
    applicable to the Northern Mariana Islands, but if such
    legislation cannot also be made applicable to the several
    States the Northern Mariana Islands must be specifically named
    therein for it to become effective in the Northern Mariana
    Islands. In order to respect the right of self-government
    guaranteed by this Covenant the United States agrees to limit
    the exercise of that authority so that the fundamental
    provisions of this Covenant, namely Articles I, II and III and
    Sections 501 and 805, may be modified only with the consent of
    the Government of the United States and the Government of the
    Northern Mariana Islands.

                                  ``Article II

                 ``constitution of the northern mariana islands

        ``Section 201. The people of the Northern Mariana Islands
    will formulate and approve a Constitution and may amend their
    Constitution pursuant to the procedures provided therein.
        ``Section 202. The Constitution will be submitted to the
    Government of the United States for approval on the basis of
    its consistency with this Covenant and those provisions of the
    Constitution, treaties and laws of the United States to be
    applicable to the Northern Mariana Islands. The Constitution
    will be deemed to have been approved six months after its
    submission to the President on behalf of the Government of the
    United States unless earlier approved or disapproved. If
    disapproved the Constitution will be returned and will be
    resubmitted in accordance with this Section. Amendments to the
    Constitution may be made by the people of the Northern Mariana
    Islands without approval by the Government of the United
    States, but the courts established by the Constitution or laws
    of the United States will be competent to determine whether the
    Constitution and subsequent amendments thereto are consistent
    with this Covenant and with those provisions of the
    Constitution, treaties and laws of the United States applicable
    to the Northern Mariana Islands.
        ``Section 203. (a) The Constitution will provide for a
    republican form of government with separate executive,
    legislative and judicial branches, and will contain a bill of
    rights.
        ``(b) The executive power of the Northern Mariana Islands
    will be vested in a popularly elected Governor and such other
    officials as the Constitution or laws of the Northern Mariana
    Islands may provide.
        ``(c) The legislative power of the Northern Mariana Islands
    will be vested in a popularly elected legislature and will
    extend to all rightful subjects of legislation. The
    Constitution of the Northern Mariana Islands will provide for
    equal representation for each of the chartered municipalities
    of the Northern Mariana Islands in one house of a bicameral
    legislature, notwithstanding other provisions of this Covenant
    or those provisions of the Constitution or laws of the United
    States applicable to the Northern Mariana Islands.
        ``(d) The judicial power of the Northern Mariana Islands
    will be vested in such courts as the Constitution or laws of
    the Northern Mariana Islands may provide. The Constitution or
    laws of the Northern Mariana Islands may vest in such courts
    jurisdiction over all causes in the Northern Mariana Islands
    over which any court established by the Constitution or laws of
    the United States does not have exclusive jurisdiction.
        ``Section 204. All members of the legislature of the
    Northern Mariana Islands and all officers and employees of the
    Government of the Northern Mariana Islands will take an oath or
    affirmation to support this Covenant, those provisions of the
    Constitution, treaties and laws of the United States applicable
    to the Northern Mariana Islands, and the Constitution and laws
    of the Northern Mariana Islands.

                                 ``Article III

                         ``citizenship and nationality

        ``Section 301. The following persons and their children
    under the age of 18 years on the effective date of this
    Section, who are not citizens or nationals of the United States
    under any other provision of law, and who on that date do not
    owe allegiance to any foreign state, are declared to be
    citizens of the United States, except as otherwise provided in
    Section 302:
              ``(a) all persons born in the Northern Mariana
            Islands who are citizens of the Trust Territory of the
            Pacific Islands on the day preceding the effective date
            of this Section, and who on that date are domiciled in
            the Northern Mariana Islands or in the United States or
            any territory or possession thereof;
              ``(b) all persons who are citizens of the Trust
            Territory of the Pacific Islands on the day preceding
            the effective date of this Section, who have been
            domiciled continuously in the Northern Mariana Islands
            for at least five years immediately prior to that date,
            and who, unless under age, registered to vote in
            elections for the Marianas Islands District Legislature
            or for any municipal election in the Northern Mariana
            Islands prior to January 1, 1975; and
              ``(c) all persons domiciled in the Northern Mariana
            Islands on the day preceding the effective date of this
            Section, who, although not citizens of the Trust
            Territory of the Pacific Islands, on that date have
            been domiciled continuously in the Northern Mariana
            Islands beginning prior to January 1, 1974.
        ``Section 302. Any person who becomes a citizen of the
    United States solely by virtue of the provisions of Section 301
    may within six months after the effective date of that Section
    or within six months after reaching the age of 18 years,
    whichever date is the later, become a national but not a
    citizen of the United States by making a declaration under oath
    before any court established by the Constitution or laws of the
    United States or any court of record in the Commonwealth in the
    form as follows:
        `` `I XXXXXXXX being duly sworn, hereby declare my
    intention to be a national but not a citizen of the United
    States.'
        ``Section 303. All persons born in the Commonwealth on or
    after the effective date of this Section and subject to the
    jurisdiction of the United States will be citizens of the
    United States at birth.
        ``Section 304. Citizens of the Northern Mariana Islands
    will be entitled to all privileges and immunities of citizens
    in the several States of the United States.

                                  ``Article IV

                              ``judicial authority

        ``Section 401. The United States will establish for and
    within the Northern Mariana Islands a court of record to be
    known as the `District Court for the Northern Mariana Islands'.
    The Northern Mariana Islands will constitute a part of the same
    judicial circuit of the United States as Guam.
        ``Section 402. (a) The District Court for the Northern
    Mariana Islands will have the jurisdiction of a district court
    of the United States, except that in all causes arising under
    the Constitution, treaties or laws of the United States it will
    have jurisdiction regardless of the sum or value of the matter
    in controversy.
        ``(b) The District Court will have original jurisdiction in
    all causes in the Northern Mariana Islands not described in
    Subsection (a) jurisdiction over which is not vested by the
    Constitution or laws of the Northern Mariana Islands in a court
    or courts of the Northern Mariana Islands. In causes brought in
    the District Court solely on the basis of this subsection, the
    District Court will be considered a court of the Northern
    Mariana Islands for the purposes of determining the
    requirements of indictment by grand jury or trial by jury.
        ``(c) The District Court will have such appellate
    jurisdiction as the Constitution or laws of the Northern
    Mariana Islands may provide. When it sits as an appellate
    court, the District Court will consist of three judges, at
    least one of whom will be a judge of a court of record of the
    Northern Mariana Islands.
        ``Section 403. (a) The relations between the courts
    established by the Constitution or laws of the United States
    and the courts of the Northern Mariana Islands with respect to
    appeals, certiorari, removal of causes, the issuance of writs
    of habeas corpus and other matters or proceedings will be
    governed by the laws of the United States pertaining to the
    relations between the courts of the United States and the
    courts of the several States in such matters and proceedings,
    except as otherwise provided in this Article; provided that for
    the first fifteen years following the establishment of an
    appellate court of the Northern Mariana Islands the United
    States Court of Appeals for the judicial circuit which includes
    the Northern Mariana Islands will have jurisdiction of appeals
    from all final decisions of the highest court of the Northern
    Mariana Islands from which a decision could be had in all cases
    involving the Constitution, treaties or laws of the United
    States, or any authority exercised thereunder, unless those
    cases are reviewable in the District Court for the Northern
    Mariana Islands pursuant to Subsection 402(c).
        ``(b) Those portions of Title 28 of the United States Code
    which apply to Guam or the District Court of Guam will be
    applicable to the Northern Mariana Islands or the District
    Court for the Northern Mariana Islands, respectively, except as
    otherwise provided in this Article.

                                  ``Article V

                            ``applicability of laws

        ``Section 501. (a) To the extent that they are not
    applicable of their own force, the following provisions of the
    Constitution of the United States will be applicable within the
    Northern Mariana Islands as if the Northern Mariana Islands
    were one of the several States: Article I, Section 9, Clauses
    2, 3, and 8; Article I, Section 10, Clauses 1 and 3; Article
    IV, Section 1 and Section 2, Clauses 1 and 2; Amendments 1
    through 9, inclusive; Amendment 13; Amendment 14, Section 1;
    Amendment 15; Amendment 19; and Amendment 26; provided,
    however, that neither trial by jury nor indictment by grand
    jury shall be required in any civil action or criminal
    prosecution based on local law, except where required by local
    law. Other provisions of or amendments to the Constitution of
    the United States, which do not apply of their own force within
    the Northern Mariana Islands, will be applicable within the
    Northern Mariana Islands only with approval of the Government
    of the Northern Mariana Islands and of the Government of the
    United States.
        ``(b) The applicability of certain provisions of the
    Constitution of the United States to the Northern Mariana
    Islands will be without prejudice to the validity of and the
    power of the Congress of the United States to consent to
    Sections 203, 506 and 805 and the proviso in Subsection (a) of
    this Section.
        ``Section 502. (a) The following laws of the United States
    in existence on the effective date of this Section and
    subsequent amendments to such laws will apply to the Northern
    Mariana Islands, except as otherwise provided in this Covenant:
              ``(1) those laws which provide federal services and
            financial assistance programs and the federal banking
            laws as they apply to Guam; Section 228 of Title II and
            Title XVI of the Social Security Act as it applies to
            the several States; the Public Health Service Act as it
            applies to the Virgin Islands; and the Micronesian
            Claims Act as it applies to the Trust Territory of the
            Pacific Islands;
              ``(2) those laws not described in paragraph (1) which
            are applicable to Guam and which are of general
            application to the several States as they are
            applicable to the several States; and
              ``(3) those laws not described in paragraph (1) or
            (2) which are applicable to the Trust Territory of the
            Pacific Islands, but not their subsequent amendments
            unless specifically made applicable to the Northern
            Mariana Islands, as they apply to the Trust Territory
            of the Pacific Islands until termination of the
            Trusteeship Agreement, and will thereafter be
            inapplicable.
        ``(b) The laws of the United States regarding coastal
    shipments and the conditions of employment, including the wages
    and hours of employees, will apply to the activities of the
    United States Government and its contractors in the Northern
    Mariana Islands.
        ``Section 503. The following laws of the United States,
    presently inapplicable to the Trust Territory of the Pacific
    Islands, will not apply to the Northern Mariana Islands except
    in the manner and to the extent made applicable to them by the
    Congress by law after termination of the Trusteeship Agreement:
              ``(a) except as otherwise provided in Section 506,
            the immigration and naturalization laws of the United
            States;
              ``(b) except as otherwise provided in Subsection (b)
            of Section 502, the coastwise laws of the United States
            and any prohibition in the laws of the United States
            against foreign vessels landing fish or unfinished fish
            products in the United States; and
              ``(c) the minimum wage provisions of Section 6, Act
            of June 25, 1938, 52 Stat. 1062, as amended.
        ``Section 504. The President will appoint a Commission on
    Federal Laws to survey the laws of the United States and to
    make recommendations to the United States Congress as to which
    laws of the United States not applicable to the Northern
    Mariana Islands should be made applicable and to what extent
    and in what manner, and which applicable laws should be made
    inapplicable and to what extent and in what manner. The
    Commission will consist of seven persons (at least four of whom
    will be citizens of the Trust Territory of the Pacific Islands
    who are and have been for at least five years domiciled
    continuously in the Northern Mariana Islands at the time of
    their appointments) who will be representative of the federal,
    local, private and public interests in the applicability of
    laws of the United States to the Northern Mariana Islands. The
    Commission will make its final report and recommendations to
    the Congress within one year after the termination of the
    Trusteeship Agreement, and before that time will make such
    interim reports and recommendations to the Congress as it
    considers appropriate to facilitate the transition of the
    Northern Mariana Islands to its new political status. In
    formulating its recommendations the Commission will take into
    consideration the potential effect of each law on local
    conditions within the Northern Mariana Islands, the policies
    embodied in the law and the provisions and purposes of this
    Covenant. The United States will bear the cost of the work of
    the Commission.
        ``Section 505. The laws of the Trust Territory of the
    Pacific Islands, of the Mariana Islands District and its local
    municipalities, and all other Executive and District orders of
    a local nature applicable to the Northern Mariana Islands on
    the effective date of this Section and not inconsistent with
    this Covenant or with those provisions of the Constitution,
    treaties or laws of the United States applicable to the
    Northern Mariana Islands will remain in force and effect until
    and unless altered by the Government of the Northern Mariana
    Islands.
        ``Section 506. (a) Notwithstanding the provisions of
    Subsection 503(a), upon the effective date of this Section the
    Northern Mariana Islands will be deemed to be a part of the
    United States under the Immigration and Nationality Act, as
    amended for the following purposes only, and the said Act will
    apply to the Northern Mariana Islands to the extent indicated
    in each of the following Subsections of this Section.
        ``(b) With respect to children born abroad to United States
    citizen or non-citizen national parents permanently residing in
    the Northern Mariana Islands the provisions of Sections 301 and
    308 of the said Act will apply.
        ``(c) With respect to aliens who are `immediate relatives'
    (as defined in Subsection 201(b) of the said Act) of United
    States citizens who are permanently residing in the Northern
    Mariana Islands all the provisions of the said Act will apply,
    commencing when a claim is made to entitlement to `immediate
    relative' status. A person who is certified by the Government
    of the Northern Mariana Islands both to have been a lawful
    permanent resident of the Northern Mariana Islands and to have
    had the `immediate relative' relationship denoted herein on the
    effective date of this Section will be presumed to have been
    admitted to the United States for lawful permanent residence as
    of that date without the requirement of any of the usual
    procedures set forth in the said Act. For the purpose of the
    requirements of judicial naturalization, the Northern Mariana
    Islands will be deemed to constitute a State as defined in
    Subsection 101(a) paragraph (36) of the said Act. The Courts of
    record of the Northern Mariana Islands and the District Court
    for the Northern Mariana Islands will be included among the
    courts specified in Subsection 310(a) of the said Act and will
    have jurisdiction to naturalize persons who become eligible
    under this Section and who reside within their respective
    jurisdictions.
        ``(d) With respect to persons who will become citizens or
    nationals of the United States under Article III of this
    Covenant or under this Section the loss of nationality
    provisions of the said Act will apply.

                                  ``Article VI

                             ``revenue and taxation

        ``Section 601. (a) The income tax laws in force in the
    United States will come into force in the Northern Mariana
    Islands as a local territorial income tax on the first day of
    January following the effective date of this Section, in the
    same manner as those laws are in force in Guam.
        ``(b) Any individual who is a citizen or a resident of the
    United States, of Guam, or of the Northern Mariana Islands
    (including a national of the United States who is not a
    citizen), will file only one income tax return with respect to
    his income, in a manner similar to the provisions of Section
    935 of Title 26, United States Code.
        ``(c) References in the Internal Revenue Code to Guam will
    be deemed also to refer to the Northern Mariana Islands, where
    not otherwise distinctly expressed or manifestly incompatible
    with the intent thereof or of this Covenant.
        ``Section 602. The Government of the Northern Mariana
    Islands may by local law impose such taxes, in addition to
    those imposed under Section 601, as it deems appropriate and
    provide for the rebate of any taxes received by it, except that
    the power of the Government of the Northern Mariana Islands to
    rebate collections of the local territorial income tax received
    by it will be limited to taxes on income derived from sources
    within the Northern Mariana Islands.
        ``Section 603. (a) The Northern Mariana Islands will not be
    included within the customs territory of the United States.
        ``(b) The Government of the Northern Mariana Islands may,
    in a manner consistent with the international obligations of
    the United States, levy duties on goods imported into its
    territory from any area outside the customs territory of the
    United States and impose duties on exports from its territory.
        ``(c) Imports from the Northern Mariana Islands into the
    customs territory of the United States will be subject to the
    same treatment as imports from Guam into the customs territory
    of the United States.
        ``(d) The Government of the United States will seek to
    obtain from foreign countries favorable treatment for exports
    from the Northern Mariana Islands and will encourage other
    countries to consider the Northern Mariana Islands a developing
    territory.
        ``Section 604. (a) The Government of the United States may
    levy excise taxes on goods manufactured, sold or used or
    services rendered in the Northern Mariana Islands in the same
    manner and to the same extent as such taxes are applicable
    within Guam.
        ``(b) The Government of the Northern Mariana Islands will
    have the authority to impose excise taxes upon goods
    manufactured, sold or used or services rendered within its
    territory or upon goods imported into its territory, provided
    that such excise taxes imposed on goods imported into its
    territory will be consistent with the international obligations
    of the United States.
        ``Section 605. Nothing in this Article will be deemed to
    authorize the Government of the Northern Mariana Islands to
    impose any customs duties on the property of the United States
    or on the personal property of military or civilian personnel
    of the United States Government or their dependents entering or
    leaving the Northern Mariana Islands pursuant to their contract
    of employment or orders assigning them to or from the Northern
    Mariana Islands or to impose any taxes on the property,
    activities or instrumentalities of the United States which one
    of the several States could not impose; nor will any provision
    of this Article be deemed to affect the operation of the
    Soldiers and Sailors Civil Relief Act of 1940, as amended,
    which will be applicable to the Northern Mariana Islands as it
    is applicable to Guam.
        ``Section 606. (a) Not later than at the time this Covenant
    is approved, that portion of the Trust Territory Social
    Security Retirement Fund attributable to the Northern Mariana
    Islands will be transferred to the Treasury of the United
    States, to be held in trust as a separate fund to be known as
    the `Northern Mariana Islands Social Security Retirement Fund'.
    This fund will be administered by the United States in
    accordance with the social security laws of the Trust Territory
    of the Pacific Islands in effect at the time of such transfer,
    which may be modified by the Government of the Northern Mariana
    Islands only in a manner which does not create any additional
    differences between the social security laws of the Trust
    Territory of the Pacific Islands and the laws described in
    Subsection (b). The United States will supplement such fund if
    necessary to assure that persons receive benefits therefrom
    comparable to those they would have received from the Trust
    Territory Social Security Retirement Fund under the laws
    applicable thereto on the day preceding the establishment of
    the Northern Mariana Islands Social Security Retirement Fund,
    so long as the rate of contributions thereto also remains
    comparable.
        ``(b) Those laws of the United States which impose excise
    and self-employment taxes to support or which provide benefits
    from the United States Social Security System will on January 1
    of the first calendar year following the termination of the
    Trusteeship Agreement or upon \2\ such earlier date as may be
    agreed to by the Government of the Northern Mariana Islands and
    the Government of the United States become applicable to the
    Northern Mariana Islands as they apply to Guam.
    ---------------------------------------------------------------------------
        \2\ Sec. 9 of Public Law 98-213 (97 Stat. 1461) struck out ``upon
    termination of the Trusteeship Agreement or'' and inserted in lieu
    thereof ``on January 1 of the first calendar year following the
    termination of the Trusteeship Agreement or upon''.
    ---------------------------------------------------------------------------
        ``(c) At such time as the laws described in Subsection (b)
    become applicable to the Northern Mariana Islands:
              ``(1) the Northern Mariana Islands Social Security
            Retirement Fund will be transferred into the
            appropriate Federal Social Security Trust Funds;
              ``(2) prior contributions by or on behalf of persons
            domiciled in the Northern Mariana Islands to the Trust
            Territory Social Security Retirement Fund or the
            Northern Mariana Islands Social Security Retirement
            Fund will be considered to have been made to the
            appropriate Federal Social Security Trust Funds for the
            purpose of determining eligibility of those persons in
            the Northern Mariana Islands for benefits under those
            laws; and
              ``(3) persons domiciled in the Northern Mariana
            Islands who are eligible for or entitled to social
            security benefits under the laws of the Trust Territory
            of the Pacific Islands or of the Northern Mariana
            Islands will not lose their entitlement and will be
            eligible for or entitled to benefits under the laws
            described in Subsection (b).
        ``Section 607. (a) All bonds or other obligations issued by
    the Government of the Northern Mariana Islands or by its
    authority will be exempt, as to principal and interest, from
    taxation by the United States, or by any State, territory or
    possession of the United States, or any political subdivision
    of any of them.
        ``(b) During the initial seven year period of financial
    assistance provided for in Section 702, and during such
    subsequent periods of financial assistance as may be agreed,
    the Government of the Northern Mariana Islands will authorize
    no public indebtedness (other than bonds or other obligations
    of the Government payable solely from revenues derived from any
    public improvement or undertaking) in excess of ten percentum
    of the aggregate assessed valuation of the property within the
    Northern Mariana Islands.

                                 ``Article VII

                      ``united states financial assistance

        ``Section 701. The Government of the United States will
    assist the Government of the Northern Mariana Islands in its
    efforts to achieve a progressively higher standard of living
    for its people as part of the American economic community and
    to develop the economic resources needed to meet the financial
    responsibilities of local self-government. To this end, the
    United States will provide direct multi-year financial support
    to the Government of the Northern Mariana Islands for local
    government operations, for capital improvement programs and for
    economic development. The initial period of such support will
    be seven years, as provided in Section 702.
        ``Section 702. Approval of this Covenant by the United
    States will constitute a commitment and pledge of the full
    faith and credit of the United States for the payment, as well
    as an authorization for the appropriation, of the following
    guaranteed annual levels of direct grant assistance to the
    Government of the Northern Mariana Islands for each of the
    seven fiscal years following the effective date of this
    Section:
              ``(a) $8.25 million for budgetary support for
            government operations, of which $250,000 each year will
            be reserved for a special education training fund
            connected with the change in the political status of
            the Northern Mariana Islands;
              ``(b) $4 million for capital improvement projects, of
            which $500,000 each year will be reserved for such
            projects on the Island of Tinian and $500,000 each year
            will be reserved for such projects on the Island of
            Rota; and
              ``(c) $1.75 million for an economic development loan
            fund, of which $500,000 each year will be reserved for
            small loans to farmers and fishermen and to
            agricultural and marine cooperatives, and of which
            $250,000 each year will be reserved for a special
            program of low interest housing loans for low income
            families.
        ``Section 703. (a) The United States will make available to
    the Northern Mariana Islands the full range of federal programs
    and services available to the territories of the United States.
    Funds provided under Section 702 will be considered to be local
    revenues \3\ when used as the local share required to obtain
    federal programs and services.
    ---------------------------------------------------------------------------
        \3\ The Department of the Interior Appropriations Act, 1997 (title
    I of sec. 101(d) of title I of Public Law 104-208; 110 Stat. 3009),
    struck out ``of the Government of the Northern Mariana Islands'' after
    ``local revenues''.
    ---------------------------------------------------------------------------
        ``(b) There will be paid into the Treasury of the
    Government of the Northern Mariana Islands, to be expended to
    the benefit of the people thereof as that Government may by law
    prescribe, the proceeds of all customs duties and federal
    income taxes derived from the Northern Mariana Islands, the
    proceeds of all taxes collected under the internal revenue laws
    of the United States on articles produced in the Northern
    Mariana Islands and transported to the United States, its
    territories or possessions, or consumed in the Northern Mariana
    Islands, the proceeds of any other taxes which may be levied by
    the Congress on the inhabitants of the Northern Mariana
    Islands, and all quarantine, passport, immigration and
    naturalization fees collected in the Northern Mariana Islands,
    except that nothing in this Section shall be construed to apply
    to any tax imposed by Chapters 2 or 21 of Title 26, United
    States Code.
        ``Section 704. (a) Funds provided under Section 702 not
    obligated or expended by the Government of the Northern Mariana
    Islands during any fiscal year will remain available for
    obligation or expenditure by that Government in subsequent
    fiscal years for the purposes for which the funds were
    appropriated.
        ``(b) Approval of this Covenant by the United States will
    constitute an authorization for the appropriation of a pro-rata
    share of the funds provided under Section 702 for the period
    between the effective date of this Section and the beginning of
    the next succeeding fiscal year.
        ``(c) The amounts stated in Section 702 will be adjusted
    for each fiscal year by a percentage which will be the same as
    the percentage change in the United States Department of
    Commerce composite price index using the beginning of Fiscal
    Year 1975 as the base.
        ``(d) Upon expiration of the seven year period of
    guaranteed annual direct grant assistance provided by Section
    702, the annual level of payments in each category listed in
    Section 702 will continue until Congress appropriates a
    different amount or otherwise provides by law.

                                 ``Article VIII

                                   ``property

        ``Section 801. All right, title and interest of the
    Government of the Trust Territory of the Pacific Islands in and
    to real property in the Northern Mariana Islands on the date of
    the signing of this Covenant or thereafter acquired in any
    manner whatsoever will, no later than upon the termination of
    the Trusteeship Agreement, be transferred to the Government of
    the Northern Mariana Islands. All right, title and interest of
    the Government of the Trust Territory of the Pacific Islands in
    and to all personal property on the date of the signing of this
    Covenant or thereafter acquired in any manner whatsoever will,
    no later than upon the termination of the Trusteeship
    Agreement, be distributed equitably in a manner to be
    determined by the Government of the Trust Territory of the
    Pacific Islands in consultation with those concerned, including
    the Government of the Northern Mariana Islands.
        ``Section 802. (a) The following property will be made
    available to the Government of the United States by lease to
    enable it to carry out its defense responsibilities:
              ``(1) on Tinian Island, approximately 17,799 acres
            (7,203 hectares) and the waters immediately adjacent
            thereto;
              ``(2) on Saipan Island, approximately 177 acres (72
            hectares) at Tanapag Harbor; and
              ``(3) on Farallon de Medinilla Island, approximately
            206 acres (83 hectares) encompassing the entire island,
            and the waters immediately adjacent thereto.
        ``(b) The United States affirms that it has no present need
    for or present intention to acquire any greater interest in
    property listed above than that which is granted to it under
    Subsection 803(a), or to acquire any property in addition to
    that listed in Subsection (a), above, in order to carry out its
    defense responsibilities.
        ``Section 803. (a) The Government of the Northern Mariana
    Islands will lease the property described in Subsection 802(a)
    to the Government of the United States for a term of fifty
    years, and the Government of the United States will have the
    option of renewing this lease for all or part of such property
    for an additional term of fifty years if it so desires at the
    end of the first term.
        ``(b) The Government of the United States will pay to the
    Government of the Northern Mariana Islands in full settlement
    of this lease, including the second fifty year term of the
    lease if extended under the renewal option, the total sum of
    $19,520,600, determined as follows:
              ``(1) for that property on Tinian Island, $17.5
            million;
              ``(2) for that property at Tanapag Harbor on Saipan
            Island, $2 million; and
              ``(3) for that property known as Farallon de
            Medinilla, $20,600.
    The sum stated in this Subsection will be adjusted by a
    percentage which will be the same as the percentage change in
    the United States Department of Commerce composite price index
    from the date of signing the Covenant.
        ``(c) A separate Technical Agreement Regarding Use of Land
    To Be Leased by the United States in the Northern Mariana
    Islands will be executed simultaneously with this Covenant. The
    terms of the lease to the United States will be in accordance
    with this Section and with the terms of the Technical
    Agreement. The Technical Agreement will also contain terms
    relating to the leaseback of property, to the joint use
    arrangements for San Jose Harbor and West Field on Tinian
    Island, and to the principles which will govern the social
    structure relations between the United States military and the
    Northern Mariana Islands civil authorities.
        ``(d) From the property to be leased to it in accordance
    with this Covenant the Government of the United States will
    lease back to the Government of the Northern Mariana Islands,
    in accordance with the Technical Agreement, for the sum of one
    dollar per acre per year, approximately 6,458 acres (2,614
    hectares) on Tinian Island and approximately 44 acres (18
    hectares) at Tanapag Harbor on Saipan Island, which will be
    used for purposes compatible with their intended military use.
        ``(e) From the property to be leased to it at Tanapag
    Harbor on Saipan Island the Government of the United States
    will make available to the Government of the Northern Mariana
    Islands 133 acres (54 hectares) at no cost. This property will
    be set aside for public use as an American memorial park to
    honor the American and Marianas dead in the World War II
    Marianas Campaign. The $2 million received from the Government
    of the United States for the lease of this property will be
    placed into a trust fund, and used for the development and
    maintenance of the park in accordance with the Technical
    Agreement.
        ``Section 804. (a) The Government of the United States will
    cause all agreements between it and the Government of the Trust
    Territory of the Pacific Islands which grant to the Government
    of the United States use or other rights in real property in
    the Northern Mariana Islands to be terminated upon or before
    the effective date of the Section. All right, title and
    interest of the Government of the Trust Territory of the
    Pacific Islands in and to any real property with respect to
    which the Government of the United States enjoys such use or
    other rights will be transferred to the Government of the
    Northern Mariana Islands at the time of such termination. From
    the time such right, title and interest is so transferred the
    Government of the Northern Mariana Islands will assure the
    Government of the United States the continued use of the real
    property then actively used by the Government of the United
    States for civilian governmental purposes on terms comparable
    to those enjoyed by the Government of the United States under
    its arrangements with the Government of the Trust Territory of
    the Pacific Islands on the date of the signature of this
    Covenant.
        ``(b) All facilities at Isely Field developed with federal
    aid and all facilities at that field usable for the landing and
    take-off of aircraft will be available to the United States for
    use by military and naval aircraft, in common with other
    aircraft, at all times without charge, except, if the use by
    military and naval aircraft shall be substantial, a reasonable
    share, proportional to such use, of the cost of operating and
    maintaining the facilities so used may be charged at a rate
    established by agreement between the Government of the Northern
    Mariana Islands and the Government of the United States.
        ``Section 805. Except as otherwise provided in this
    Article, and notwithstanding the other provisions of this
    Covenant, or those provisions of the Constitution, treaties or
    laws of the United States applicable to the Northern Mariana
    Islands, the Government of the Northern Mariana Islands, in
    view of the importance of the ownership of land for the culture
    and traditions of the people of the Northern Mariana Islands,
    and in order to protect them against exploitation and to
    promote their economic advancement and self-sufficiency:
              ``(a) will until twenty-five years after the
            termination of the Trusteeship Agreement, and may
            thereafter, regulate the alienation of permanent and
            long-term interests in real property so as to restrict
            the acquisition of such interests to persons of
            Northern Mariana Islands descent; and
              ``(b) may regulate the extent to which a person may
            own or hold land which is now public land.
        ``Section 806. (a) The United States will continue to
    recognize and respect the scarcity and special importance of
    land in the Northern Mariana Islands. If the United States must
    acquire any interest in real property not transferred to it
    under this Covenant, it will follow the policy of seeking to
    acquire only the minimum area necessary to accomplish the
    public purpose for which the real property is required, of
    seeking only the minimum interest in real property necessary to
    support such public purpose, acquiring title only if the public
    purpose cannot be accomplished if a lesser interest is
    obtained, and of seeking first to satisfy its requirement by
    acquiring an interest in public rather than private real
    property.
        ``(b) The United States may, upon prior written notice to
    the Government of the Northern Mariana Islands, acquire for
    public purposes in accordance with federal laws and procedures
    any interest in real property in the Northern Mariana Islands
    by purchase, lease, exchange, gift or otherwise under such
    terms and conditions as may be negotiated by the parties. The
    United States will in all cases attempt to acquire any interest
    in real property for public purposes by voluntary means under
    this Subsection before exercising the power of eminent domain.
    No interest in real property will be acquired unless duly
    authorized by the Congress of the United States and
    appropriations are available therefor.
        ``(c) In the event it is not possible for the United States
    to obtain an interest in real property for public purposes by
    voluntary means, it may exercise within the Commonwealth the
    power of eminent domain to the same extent and in the same
    manner as it has and can exercise the power of eminent domain
    in a State of the Union. The power of eminent domain will be
    exercised within the Commonwealth only to the extent necessary
    and in compliance with applicable United States laws, and with
    full recognition of the due process required by the United
    States Constitution.

                                  ``Article IX

           ``northern mariana islands representative and consultation

        ``Section 901. The Constitution or laws of the Northern
    Mariana Islands may provide for the appointment or election of
    a Resident Representative to the United States, whose term of
    office will be two years, unless otherwise determined by local
    law, and who will be entitled to receive official recognition
    as such Representative by all of the departments and agencies
    of the Government of the United States upon presentation
    through the Department of State of a certificate of selection
    from the Governor. The Representative must be a citizen and
    resident of the Northern Mariana Islands, at least twenty-five
    years of age, and, after termination of the Trusteeship
    Agreement, a citizen of the United States.
        ``Section 902. The Government of the United States and the
    Government of the Northern Mariana Islands will consult
    regularly on all matters affecting the relationship between
    them. At the request of either Government, and not less
    frequently than every ten years, the President of the United
    States and the Governor of the Northern Mariana Islands will
    designate special representatives to meet and to consider in
    good faith such issues affecting the relationship between the
    Northern Mariana Islands and the United States as may be
    designated by either Government and to make a report and
    recommendations with respect thereto. Special representatives
    will be appointed in any event to consider and to make
    recommendations regarding future multi-year financial
    assistance to the Northern Mariana Islands pursuant to Section
    701, to meet at least one year prior to the expiration of every
    period of such financial assistance.
        ``Section 903. Nothing herein shall prevent the
    presentation of cases or controversies arising under this
    Covenant to courts established by the Constitution or laws of
    the United States. It is intended that any such cases or
    controversies will be justifiable in such courts and that the
    undertakings by the Government of the United States and by the
    Government of the Northern Mariana Islands provided for in this
    Covenant will be enforceable in such courts.
        ``Section 904. (a) The Government of the United States will
    give sympathetic consideration to the views of the Government
    of the Northern Mariana Islands on international matters
    directly affecting the Northern Mariana Islands and will
    provide opportunities for the effective presentation of such
    views to no less extent than such opportunities are provided to
    any other territory or possession under comparable
    circumstances.
        ``(b) The United States will assist and facilitate the
    establishment by the Northern Mariana Islands of offices in the
    United States and abroad to promote local tourism and other
    economic or cultural interests of the Northern Mariana Islands.
        ``(c) On its request the Northern Mariana Islands may
    participate in regional and other international organizations
    concerned with social, economic, educational, scientific,
    technical and cultural matters when similar participation is
    authorized for any other territory or possession of the United
    States under comparable circumstances.

                                  ``Article X

                  ``approval, effective dates, and definitions

        ``Section 1001. (a) This Covenant will be submitted to the
    Mariana Islands District Legislature for its approval. After
    its approval by the Mariana Islands District Legislature, this
    Covenant will be submitted to the people of the Northern
    Mariana Islands for approval in a plebiscite to be called by
    the United States. Only persons who are domiciled exclusively
    in the Northern Mariana Islands and who meet such other
    qualifications, including timely registration, as are
    promulgated by the United States as administering authority
    will be eligible to vote in the plebiscite. Approval must be by
    a majority of at least 55% of the valid votes cast in the
    plebiscite. The results of the plebiscite will be certified to
    the President of the United States.
        ``(b) This Covenant will be approved by the United States
    in accordance with its constitutional processes and will
    thereupon become law.
        ``Section 1002. The President of the United States will
    issue a proclamation announcing the termination of the
    Trusteeship Agreement, or the date on which the Trusteeship
    Agreement will terminate, and the establishment of the
    Commonwealth in accordance with this Covenant. Any
    determination by the President that the Trusteeship Agreement
    has been terminated or will be terminated on a day certain will
    be final and will not be subject to review by any authority,
    judicial or otherwise, of the Trust Territory of the Pacific
    Islands, the Northern Mariana Islands or the United States.
        ``Section 1003. The provisions of this Covenant will become
    effective as follows, unless otherwise specifically provided:
              ``(a) Sections 105, 201-203, 503, 504, 606, 801, 903
            and Article X will become effective on approval of this
            Covenant;
              ``(b) Sections 102, 103, 204, 304, Article IV,
            Sections 501, 502, 505, 601-605, 607, Article VII,
            Sections 802-805, 901 and 902 will become effective on
            a date to be determined and proclaimed by the President
            of the United States which will be not more than 180
            days after this Covenant and the Constitution of the
            Northern Mariana Islands have both been approved; and
              ``(c) The remainder of this Covenant will become
            effective upon the termination of the Trusteeship
            Agreement and the establishment of the Commonwealth of
            the Northern Mariana Islands.
        ``Section 1004. (a) The application of any provision of the
    Constitution or laws of the United States which would otherwise
    apply to the Northern Mariana Islands may be suspended until
    termination of the Trusteeship Agreement if the President finds
    and declares that the application of such provision prior to
    termination would be inconsistent with the Trusteeship
    Agreement.
        ``(b) The Constitution of the Northern Mariana Islands will
    become effective in accordance with its terms on the same day
    that the provisions of this Covenant specified in Subsection
    1003(b) become effective, provided that if the President finds
    and declares that the effectiveness of any provision of the
    Constitution of the Northern Mariana Islands prior to
    termination of the Trusteeship Agreement would be inconsistent
    with the Trusteeship Agreement such provision will be
    ineffective until termination of the Trusteeship Agreement.
    Upon the establishment of the Commonwealth of the Northern
    Mariana Islands the Constitution will become effective in its
    entirety in accordance with its terms as the Constitution of
    the Commonwealth of the Northern Mariana Islands.
        ``Section 1005. As used in this Covenant:
              ``(a) `Trusteeship Agreement' means the Trusteeship
            Agreement for the former Japanese Mandated Islands
            concluded between the Security Council of the United
            Nations and the United States of America, which entered
            into force on July 18, 1947;
              ``(b) `Northern Mariana Islands' means the area now
            known as the Mariana Islands District of the Trust
            Territory of the Pacific Islands, which lies within the
            area north of 14 degrees north latitude, south of 21
            degrees north latitude, west of 150 degrees east
            longitude and east of 144 degrees east longitude;
              ``(c) `Government of the Northern Mariana Islands'
            includes, as appropriate, the Government of the Mariana
            Islands District of the Trust Territory of the Pacific
            Islands at the time this Covenant is signed, its
            agencies and instrumentalities, and its successors,
            including the Government of the Commonwealth of the
            Northern Mariana Islands;
              ``(d) `Territory or possession' with respect to the
            United States includes the District of Columbia, the
            Commonwealth of Puerto Rico, the Virgin Islands, Guam,
            and American Samoa;
              ``(e) `Domicile' means that place where a person
            maintains a residence with the intention of continuing
            such residence for an unlimited or indefinite period,
            and to which such person has the intention of returning
            whenever he is absent, even for an extended period.
        ``Signed at Saipan, Mariana Islands on the fifteenth day of
    February, 1975.
        ``For the people of the Northern Mariana Islands:
                              Edward DLG. Pangelinan,
                              Chairman, Marianas Political Status
                            Commission.

                              Vicente N. Santos.
                              Vice Chairman, Marianas Political
                            Status Commission.

        ``For the United States of America:
                              Ambassador F. Haydn Williams,
                              Personal Representative of the
                            President of the United States.

        ``Members of the Marianas Political Status Commission:
                              Juan LG. Cabrera.
                              Vicente T. Camacho.
                              Jose R. Cruz.
                              Bernard V. Hofschneider.
                              Benjamin T. Manglona.
                              Daniel T. Muna.
                              Dr. Francisco T. Palacios.
                              Joaquin I. Pangelinan.
                              Manuel A. Sablan.
                              Joannes B. Taimanao.
                              Pedro A. Tenorio.''.
        Sec. 2. It is the sense of the Congress that pursuant to
    section 902 of the foregoing Covenant, and in any case within
    ten years from the date of the enactment of this resolution,
    the President of the United States should request, on behalf of
    the United States, the designation of special representatives
    to meet and to consider in good faith such issues affecting the
    relationship between the Northern Mariana Islands and the
    United States as may be designated by either Government and to
    make a report and recommendations with respect thereto.
        Sec. 3.\4\ Pursuant to section 701 of the foregoing
    Covenant, enactment of this section shall constitute a
    commitment and pledge of the full faith and credit of the
    United States for the payment of $228 million at guaranteed
    annual amounts of direct grant assistance for the Government of
    the Northern Mariana Islands for an additional period of seven
    fiscal years after the expiration of the initial seven-year
    period specified in section 702 of said Covenant, which
    assistance shall be provided according to the schedule of
    payments contained in the Agreement of the Special
    Representatives on Future United States Financial Assistance
    for the Government of the Northern Mariana Islands, executed
    July 10, 1985, between the special representative of the
    President of the United States and the special representatives
    of the Governor of the Northern Mariana Islands. The islands of
    Rota and Tinian shall each receive no less than a 1/8 share and
    the island of Saipan shall receive no less than a 1/4 share of
    annualized capital improvement project funds, which shall be no
    less than 80 per centum of the capital development funds
    identified in the schedule of payments in paragraph 2 of part
    II of the Agreement of the Special Representatives. Funds shall
    be granted according to such regulations as are applicable to
    such grants.
    ---------------------------------------------------------------------------
        \4\ Sec. 10 of Public Law 99-396 (100 Stat. 840) added secs. 3, 4,
    and 5.
    ---------------------------------------------------------------------------
        Sec. 4.\4\ (a) Section 704(c) of the foregoing Covenant
    shall not apply to the Federal financial assistance which is
    provided to the Government of the Northern Mariana Islands
    pursuant to section 3 of this Act.
        (b) Upon the expiration of the period of Federal financial
    assistance which is provided to the Government of the Northern
    Mariana Islands pursuant to section 3 of this Act, payments of
    direct grant assistance shall continue at the annual level
    provided for the last fiscal year of the additional period of
    seven fiscal years \5\ except that, for fiscal years 1996
    through 2002, payments to the Commonwealth of the Northern
    Mariana Islands pursuant to the multi-year funding agreements
    contemplated under the Covenant shall be $11,000,000 annually,
    subject to an equal local match and all other requirements set
    forth in the Agreement of the Special Representatives on Future
    Federal Financial Assistance of the Northern Mariana Islands,
    executed on December 17, 1992 between the special
    representative of the President of the United States and
    special representatives of the Governor of the Northern Mariana
    Islands with any additional amounts otherwise made available
    under this section in any fiscal year and not required to meet
    the schedule of payments in this subsection to be provided as
    set forth in subsection (c) until Congress otherwise provides
    by law.
    ---------------------------------------------------------------------------
        \5\ Sec. 118 of the Department of Interior and Related Agencies
    Appropriations Act, 1996 (title I of sec. 101(c) of Public Law 104-134;
    110 Stat. 1321-178) struck out ``until Congress otherwise provides by
    law.'' and inserted text from this point through subsec. (d).
    ---------------------------------------------------------------------------
        (c) The additional amounts referred to in subsection (b)
    shall be made available to the Secretary for obligation as
    follows:
              (1) for fiscal years 1996 through 2001, $4,580,000
            annually for capital infrastructure projects as Impact
            Aid for Guam under section 104(c)(6) of Public Law 99-
            239;
              (2) for fiscal year 1996, $7,700,000 shall be
            provided for capital infrastructure projects in
            American Samoa; $4,420,000 for resettlement of Rongelap
            Atoll; and
              (3) for fiscal years 1997 and thereafter, all such
            amounts shall be available solely for capital
            infrastructure projects in Guam, the Virgin Islands,
            American Samoa, the Commonwealth of the Northern
            Mariana Islands, the Republic of Palau, the Federated
            States of Micronesia and the Republic of the Marshall
            Islands: Provided, That, in fiscal year 1997,
            $3,000,000 of such amounts shall be made available to
            the College of the Northern Marianas and beginning in
            fiscal year 1997, and in each year thereafter, not to
            exceed $3,000,000 may be allocated, as provided in
            appropriations Acts, to the Secretary of the Interior
            for use by Federal agencies or the Commonwealth of the
            Northern Mariana Islands to address immigration, labor,
            and law enforcement issues in the Northern Mariana
            Islands. The specific projects to be funded in American
            Samoa shall be set forth in a five-year plan for
            infrastructure assistance developed by the Secretary of
            the Interior in consultation with the American Samoa
            Government and updated annually and submitted to the
            Congress concurrent with the budget justifications for
            the Department of the Interior. In developing budget
            recommendations for capital infrastructure funding, the
            Secretary shall indicate the highest priority projects,
            consider the extent to which particular projects are
            part of an overall master plan, whether such project
            has been reviewed by the Corps of Engineers and any
            recommendations made as a result of such review, the
            extent to which a set-aside for maintenance would
            enhance the life of the project, the degree to which a
            local cost-share requirement would be consistent with
            local economic and fiscal capabilities, and may propose
            an incremental set-aside, not to exceed $2,000,000 per
            year, to remain available without fiscal year
            limitation, as an emergency fund in the event of
            natural or other disasters to supplement other
            assistance in the repair, replacement, or hardening of
            essential facilities: Provided further, That the
            cumulative amount set aside for such emergency fund may
            not exceed $10,000,000 at any time.
        (d) Within the amounts allocated for infrastructure
    pursuant to this section, and subject to the specific
    allocations made in subsection (c), additional contributions
    may be made, as set forth in appropriations Acts, to assist in
    the resettlement of Rongelap Atoll: Provided, That the total of
    all contributions from any Federal source after enactment of
    this Act may not exceed $32,000,000 and shall be contingent
    upon an agreement, satisfactory to the President, that such
    contributions are a full and final settlement of all
    obligations of the United States to assist in the resettlement
    of Rongelap Atoll and that such funds will be expended solely
    on resettlement activities and will be properly audited and
    accounted for. In order to provide such contributions in a
    timely manner, each Federal agency providing assistance or
    services, or conducting activities, in the Republic of the
    Marshall Islands, is authorized to make funds available through
    the Secretary of the Interior, to assist in the resettlement of
    Rongelap. Nothing in this subsection shall be construed to
    limit the provision of ex gratia assistance pursuant to section
    105(c)(2) of the Compact of Free Association Act of 1985
    (Public Law 99-239, 99 Stat. 1770, 1792) including for
    individuals choosing not to resettle at Rongelap, except that
    no such assistance for such individuals may be provided until
    the Secretary notifies the Congress that the full amount of all
    funds necessary for resettlement at Rongelap has been provided.
        Sec. 5.\4\ Should the Secretary of the Interior believe
    that the performance standards of the agreement identified in
    section 3 of this Act are not being met, he shall notify the
    Government of the Northern Mariana Islands in writing with the
    intent to resolve such issue in a mutually agreeable and
    expeditious manner and notify the Committee on Interior and
    Insular Affairs of the House of Representatives and the
    Committee on Energy and Natural Resources of the Senate. Should
    the issue not be resolved within thirty days after the
    notification is received by the Government of the Northern
    Mariana Islands, the Secretary of the Interior may request
    authority from Congress to withhold payment of an appropriate
    amount of the operations funds identified in the schedule of
    payments in paragraph 2 of part II of the Agreement of the
    Special Representatives for a period of less than one year but
    no funds shall be withheld except by Act of Congress.
                 i. Relations With the Northern Mariana Islands

      Executive Order 12572 of November 3, 1986, 51 F.R. 40401, 48 U.S.C.
                                   1801 note

        By the authority vested in me as President by the
    Constitution and laws of the United States of America, it is
    hereby ordered that, consistent with the Joint Resolution to
    approve the ``Covenant To Establish a Commonwealth of the
    Northern Mariana Islands in Political Union with the United
    States of America,'' approved March 24, 1976 (Public Law 94-
    241; 90 Stat. 263), the relation of the United States with the
    Government of the Northern Mariana Island shall, in all matters
    not the program responsibility of another Federal department or
    agency, be under the general administrative supervision of the
    Secretary of the Interior.
     j. Management of the Compact of Free Association With the Republic of
       the Marshall Islands, the Federated States of Micronesia, and the
                               Republic of Palau

    Executive Order 12569, October 16, 1986, 51 F.R. 37171, 48 U.S.C. 1901
     note; as amended by Executive Order 12877, November 3, 1993, 58 F.R.
                                     59159

        By the authority vested in me as President by the
    Constitution and laws of the United States, including the
    Compact of Free Association (the Compact) and Public Law 99-
    239, (the Act), it is ordered as follows:
        Section 1. Responsibility of the Secretary of State. The
    Secretary of State shall conduct the government-to-government
    relations of the United States with the Republic of the
    Marshall Islands, the Federated States of Micronesia, and the
    Republic of Palau (the ``Freely Associated States''), including
    any subdivisions, officials or persons thereof, and may
    delegate or allocate such of his authority under this Order to
    such other United States officials as he may from time to time
    deem desirable. The authority of the Secretary of State shall
    include, consistent with Article V of Title One of the Compact
    and section 105(b)(1) of the Act, the establishment and
    maintenance of representative officers in the Freely Associated
    States and supervision of the United States representatives and
    their staff. The Secretary also shall provide, in accordance
    with applicable law, for appropriate privileges, immunities,
    and assistance to representatives to the United States
    designated by the Governments of the Freely Associated States,
    together with their offices and staff. In accordance with
    applicable law and the provisions of this Order, the Secretary
    also shall have the authority and responsibility to take such
    other actions as may be necessary and appropriate to ensure
    that the authorities and obligations of the United States set
    forth in the Compact and its related agreements and in the laws
    of the United States as they relate to the conduct of
    government-to-government relations with the Freely Associated
    States are carried out. The Secretary shall provide from
    appropriations made to the Department of State such funds as
    may be necessary to carry out the provisions of this Order in
    relation to the activities of the Department of State.
        Sec. 2. Responsibility of the Secretary of the Interior.
    The Secretary of the Interior shall be responsible for seeking
    the appropriation of funds for and, in accordance with the laws
    of the United States, shall make available to the Freely
    Associated States the United States economic and financial
    assistance appropriated pursuant to Article I of Title Two of
    the Compact; the grant, service, and program assistance
    appropriated pursuant to Article II of Title Two of the
    Compact; and all other United States assistance appropriated
    pursuant to the Compact and its related agreements. The
    Secretary shall coordinate and monitor any program or any
    activity by any department or agency of the United States
    provided to the Freely Associated States and shall coordinate
    and monitor related economic development planning. This Section
    shall not apply to services provided by the Department of
    Defense to the Freely Associated States or to activities
    pursuant to Section 1 of this Order, including activities under
    the Peace Corps Act.
        Sec. 3. Interagency Group on Freely Associated State
    Affairs and the Office of Freely Associated State Affairs.
        (a) There is established an Interagency Group on Freely
    Associated State Affairs for the purpose of providing guidance
    and oversight with respect to the establishment and
    implementation of policy concerning the Compact and United
    States relations with the Freely Associated States.
        (b) The Interagency Group shall consist of the Secretary of
    State or his designee, who shall chair the Group, and of the
    principal officers or their designees from the Departments of
    the Interior, Defense, Commerce, Energy, and Justice, the
    Organization of the Joint Chiefs of Staff, the Office of
    Management and Budget, the National Security Council, and such
    other departments and agencies as may from time to time be
    appropriate.
        (c) The Interagency Group shall make such recommendations
    as it shall deem appropriate to the President, through the
    Assistant to the President for National Security Affairs,
    concerning United States relations with the Freely Associated
    States. The Interagency Group also shall provide such guidance
    as it deems appropriate to departments and agencies delegated
    authority by this Order concerning administration of laws with
    respect to the Freely Associated States.
        (d) If any department or agency charged by this Order with
    implementation of the Compact or other laws of the United
    States with respect to the Freely Associated States concludes
    that noncompliance sanctions pursuant to section 105(g) of the
    Act are appropriate, it shall make appropriate recommendations
    to the Interagency Group. The Interagency Group shall consider
    these recommendations and report its findings to the President
    for his review in making that determination.
        (e)(1) \1\ The Secretary of State shall be responsible for
    the conduct of United States relations with the Freely
    Associated States, carry out related matters, and provide
    appropriate support to the Interagency Group, bearing in mind
    the continued special relationship between the United States
    and the Freely Associated States.
    ---------------------------------------------------------------------------
        \1\ Sec. 1 of Executive Order 12877 (November 3, 1993; 58 F.R.
    59159) amended and restated paras. 1 through 3 of subsec. (e), which
    formerly read as follows:
        ``(1) There shall be in the Department of State an Office of Freely
    Associated State Affairs to conduct United States relations with the
    Freely Associated States and carry out related matters, as the
    Secretary of State shall direct or delegate, and provide appropriate
    support to the Interagency Group.
        ``(2) The Office shall be headed by a Director designated by the
    Secretary of State, to whom the Secretaries of State, Defense, and the
    Interior may, to the extent permitted by law, delegate any or all of
    their respective authorities and responsibilities as described in this
    Order, including the authority to supervise the United States
    representatives referred to in Section 4 of this Order. The Director
    shall serve as Executive Secretary of the Interagency Group.
        ``(3) Personnel additional to that provided by the Secretary of
    State may be detailed to the Office by the Executive departments and
    agencies that are members of the Interagency Group, and by other
    agencies as appropriate. Executive departments and agencies shall, to
    the extent permitted by law, provide such information, advice, and
    administrative services and facilities as may be necessary for the
    fulfillment of the functions of the Office.''.
    ---------------------------------------------------------------------------
        (2) \1\ The Secretaries of Defense and Interior may, to the
    extent permitted by law, delegate any or all of their
    respective authorities and responsibilities as described in
    this Order to the Secretary of States or his or her designee.
    The Secretary of State or his or her designee shall serve as
    Executive Secretary of the Interagency Group.
        (3) \1\ Personnel additional to that provided by the
    Secretary of State may be detailed to the Department of State
    by the Executive departments and agencies that are members of
    the Interagency Group, and by other agencies as appropriate.
    Executive departments and agencies shall, to the extent
    permitted by law, provided such information, advice, and
    administrative services and facilities to the Secretary of
    State as may be necessary to conduct United States relations
    with the Freely Associated States.
        Sec. 4. United States Representatives to the Freely
    Associated States. The United States Representatives assigned
    to a Freely Associated State in accordance with Article V of
    Title One of the Compact shall represent the Government of the
    United States in an official capacity in that Freely Associated
    State, and shall supervise the actions of any Executive
    department or agency personnel assigned permanently or
    temporarily to that Freely Associated State.
        Sec. 5.\2\ Cooperation among Executive Departments and
    Agencies. All Executive departments and agencies shall
    cooperate in the effectuation of the provisions of this Order.
    The Interagency Group and the Secretary of State shall
    facilitate such cooperative measures. Nothing in this Order
    shall be construed to impair the authority and responsibility
    of the Secretary of Defense for security and defense matters in
    or relating to the Freely Associated States.
    ---------------------------------------------------------------------------
        \2\ Sec. 2 of Executive Order 12877 (November 3, 1993; 58 F.R.
    59159) amended and restated sec. 5, which formerly read as follows:
        ``Sec. 5. Cooperation among Executive Departments and Agencies. All
    Executive departments and agencies shall cooperate in the effectuation
    of the provisions of this Order. The Interagency Group and Office of
    Freely Associated State Affairs shall facilitate such cooperative
    measures. Nothing in this Order shall be construed to impair the
    authority and responsibility of the Secretary of Defense for security
    and defense matters in or relating to the Freely Associated State.''.
    ---------------------------------------------------------------------------
        Sec. 6. Delegation to the Secretary of the Interior. The
    following authorities are delegated to the Secretary of the
    Interior:
        (a) Reporting to the Congress on economic development plans
    prepared by the Government of the Federated States of
    Micronesia and the Government of the Marshall Islands, pursuant
    to sections 102(b) and 103(b) of the Act;
        (b) The determination required by section 103(e) of the Act
    concerning the qualifications of the investment management firm
    selected by the Government of the Marshall Islands;
        (c) Reporting to the Congress with respect to the impact of
    the Compact of Free Association on the United States
    territories and commonwealths and on the State of Hawaii,
    pursuant to section 104(e)(2) of the Act; and
        (d) Causing an annual audit to be conducted of the annual
    financial statements of the Government of the Federated States
    of Micronesia and the Government of the Marshall Islands,
    pursuant to section 110(b) of the Act.
        Sec. 7. Delegation to the Secretary of State. The following
    authorities are delegated to the Secretary of State:
        (a) Reporting to the Congress on crimes in the Federated
    States of Micronesia and the Marshall Islands which have an
    impact upon United States jurisdictions, pursuant to sections
    102(a)(4) and 103(a)(4) of the Act;
        (b) Submitting the certification and report to the Congress
    for purposes of section 5 of the Fishermen's Protective Act of
    1967, pursuant to section 104(f)(3) of the Act; and
        (c) Reporting, with the concurrence of the Secretary of
    Defense, to the Congress on determinations made regarding
    security and defense, pursuant to section 105(q) of the Act.
        Sec. 8. Supersession and Saving Provisions.
        (a) Subject to the provisions of Section 9 of this Order,
    prior Executive orders concerning the former Trust Territory of
    the Pacific Islands are hereby superseded and rendered
    inapplicable, except that the authority of the Secretary of the
    Interior as provided in applicable provisions of Executive
    Order No. 11021, as amended, shall remain in effect, in a
    manner consistent with this Order and pursuant to section
    105(c)(2) of the Act, to terminate the trust territory
    government and discharge its responsibilities, at which time
    the entirety of Executive Order No. 11021 shall be superseded.
        (b) Nothing in this Order shall be construed as modifying
    the rights or obligations of the United States under the
    provisions of the Compact or as affecting or modifying the
    responsibility of the Secretary of State and the Attorney
    General to interpret the rights and obligations of the United
    States arising out of or concerning the Compact.
        Sec. 9. Effective Date. This Order shall become effective
    with respect to a Freely Associated State simultaneously with
    the entry into force of the Compact for that State.
          k. Placing Into Full Force and Effect the Covenant With the
    Commonwealth of the Northern Mariana Islands, and the Compacts of Free
    Association With the Federated States of Micronesia and the Republic of
                              the Marshall Islands

     Proclamation 5564, November 3, 1986, 51 F.R. 40399, 48 F.R. 1801 note

        Since July 18, 1947, the United States has administered the
    United Nations Trust Territory of the Pacific Islands (``Trust
    Territory''), which includes the Northern Mariana Islands, the
    Federated States of Micronesia, the Marshall Islands, and
    Palau.
        On February 15, 1975, after extensive status negotiations,
    the United States and the Marianas Political Status Commission
    concluded a Covenant to establish a Commonwealth of the
    Northern Mariana Islands in Political Union with the United
    States (``Covenant''). Sections 101, 1002, and 1003(c) of the
    Covenant provide that the Northern Mariana Islands will become
    a self-governing Commonwealth in political union with and under
    the sovereignty of the United States. This Covenant was
    approved by the Congress by Public Law 94-241 of March 24,
    1976, 90 Stat. 263. Although many sections of the Covenant
    became effective in 1976 and 1978, certain sections have not
    previously entered into force.
        On October 1, 1982, the Government of the United States and
    the Government of the Federated States of Micronesia concluded
    a Compact of Free Association, establishing a relationship of
    Free Association between the two Governments. On June 25, 1983,
    the Government of the United States and the Government of the
    Marshall Islands concluded a compact of Free Association,
    establishing a relationship of Free Association between the two
    Governments. Pursuant to Sections 111 and 121 of the Compacts,
    the Federated States of Micronesia and the Republic of the
    Marshall Islands become self-governing and have the right to
    conduct foreign affairs in their own name and right upon the
    effective date of their respective Compacts. Each Compact comes
    into effect upon (1) mutual agreement between the Government of
    the United States, acting in fulfillment of its
    responsibilities as Administering Authority of the Trust
    Territory of the Pacific Islands, and the other Government; (2)
    the approval of the Compact by the two Governments, in
    accordance with their constitutional processes; and (3) the
    conduct of a plebiscite in that jurisdiction. In the Federated
    States of Micronesia, the Compact has been approved by the
    Government in accordance with its constitutional processes, and
    in a United Nations-observed plebiscite on June 21, 1983, a
    sovereign act of self-determination. In the Marshall Islands,
    the Compact has been approved by the Government in accordance
    with its constitutional processes, and in a United Nations-
    observed plebiscite on September 7, 1983, a sovereign act of
    self-determination. In the United States the Compacts have been
    approved by Public law 99-239 of January 14, 1986, 99 Stat.
    1770.
        On January 10, 1986, the Government of the United States
    and the Government of the Republic of Palau concluded a Compact
    of Free Association, establishing a similar relationship of
    Free Association between the two Governments. On October 16,
    1986, the Congress of the United States approved the Compact of
    Free Association with the Republic of Palau. In the Republic of
    Palau, the Compact approval process has not yet been completed.
    Until the future political status of Palau is resolved, the
    United States will continue to discharge its responsibilities
    in Palau as Administering Authority under the Trusteeship
    Agreement.
        On May 28, 1986, the Trusteeship Council of the United
    Nations concluded that the Government of the United States had
    satisfactorily discharged its obligations as the Administering
    Authority under the terms of the Trusteeship Agreement and that
    the people of the Northern Mariana Islands, the Federated
    States of Micronesia, and the Republic of the Marshall Islands
    had freely exercised their right to self-determination, and
    considered that it was appropriate for that Agreement to be
    terminated. The Council asked the United States to consult with
    the governments concerned to agree on a date for entry into
    force of their respective new status agreements.
        On October 15, 1986, the Government of the United States
    and the Government of the Republic of the Marshall Islands
    agreed, pursuant to Section 411 of the Compact of Free
    Association, that as between the United States and the Republic
    of the Marshall Islands, the effective date of the Compact
    shall be October 21, 1986.
        On October 24, 1986, the Government of the United States
    and the Government of the Federated States of Micronesia
    agreed, pursuant to Section 411 of the Compact of Free
    Association, that as between the United States and the
    Federated States of Micronesia, the effective date of the
    Compact shall be November 3, 1986.
        On October 24, 1986, the United States advised the
    Secretary General of the United Nations that, as a consequence
    of consultations held between the United States Government and
    the Government of the Marshall Islands, agreement had been
    reached that the Compact of Free Association with the Marshall
    Islands entered fully into force on October 21, 1986. The
    United States further advised the Secretary General that, as a
    result of consultations with their governments, agreement had
    been reached that the Compact of Free Association with the
    Federated States of Micronesia and the Covenant with the
    Commonwealth of the Northern Mariana Islands would enter into
    force on November 3, 1986.
        As of this day, November 3, 1986, the United States has
    fulfilled its obligations under the Trusteeship Agreement with
    respect to the Commonwealth of the Northern Mariana Islands,
    the Republic of the Marshall Islands, and the Federated States
    of Micronesia, and they are self-governing and no longer
    subject to the Trusteeship. In taking these actions, the United
    States is implementing the freely expressed wishes of the
    peoples of the Northern Mariana Islands, the Federated States
    of Micronesia, and the Marshall Islands.
        NOW, THEREFORE, I, RONALD REAGAN, by the authority vested
    in me as President by the Constitution and laws of the United
    States of America, including Section 1002 of the Covenant to
    Establish a Commonwealth of the Northern Mariana Islands in
    Political Union with the United States of America, and Sections
    101 and 102 of the Joint Resolution to approve the ``Compact of
    Free Association'', and for other purposes approved on January
    14, 1986 (Public Law 99-239), do hereby find, declare, and
    proclaim as follows:
        Section 1. I determine that the Trusteeship Agreement for
    the Pacific Islands is no longer in effect as of October 21,
    1986, with respect to the Republic of the Marshall Islands, as
    of November 3, 1986, with respect to the Federated States of
    Micronesia, and as of November 3, 1986, with respect to the
    Northern Mariana Islands. This constitutes the determination
    referred to in Section 1002 of the Covenant.
        Sec. 2. (a) Sections 101, 104, 301, 302, 303, 506, 806, and
    904 of the Covenant are effective as of 12:01 a.m., November 4,
    1986, Northern Mariana Islands local time.
        (b) The Commonwealth of the Northern Mariana Islands in
    political union with and under the sovereignty of the United
    States of America is fully established on the date and at the
    time specified in Section 2(a) of this Proclamation.
        (c) The domiciliaries of the Northern Mariana Islands are
    citizens of the United States to the extent provided for in
    Sections 301 through 303 of the Covenant on the date and at the
    time specified in this Proclamation.
        (d) I welcome the Commonwealth of the Northern Mariana
    Islands into the American family and congratulate our new
    fellow citizens.
        Sec. 3. (a) The Compact of Free Association with the
    Republic of the Marshall Islands is in full force and effect as
    of October 21, 1986, and the Compact of Free Association with
    the Federated States of Micronesia is in full force and effect
    as of November 3, 1986.
        (b) I am gratified that the people of the Federated States
    of Micronesia and the Republic of the Marshall Islands, after
    nearly forty years of Trusteeship, have freely chosen to
    establish a relationship of Free Association with the United
    States.
        IN WITNESS WHEREOF, I have hereunto set my hand this third
    day of November, in the year of our Lord nineteen hundred and
    eighty-six, and of the Independence of the United States of
    America the two hundred and eleventh.
     l. Placing Into Full Force and Effect the Compact of Free Association
                           With the Republic of Palau

     Proclamation 6726, September 27, 1994, 59 F.R. 49777, 48 U.S.C. 1931
                                      note

        Since July 18, 1947, the United States has administered the
    United Nations Trust Territory of the Pacific Islands (``Trust
    Territory''), which has included the Northern Mariana Islands,
    the Federated States of Micronesia, the Marshall Islands, and
    Palau.
        On November 3, 1986, a Covenant between the United States
    and the Northern Mariana Islands came into force. This Covenant
    established the Commonwealth of the Northern Mariana Islands as
    a self-governing Commonwealth in political union with and under
    the sovereignty of the United States.
        On October 21, 1986, in the case of the Republic of the
    Marshall Islands, and on November 3, 1986, in the case of the
    Federated States of Micronesia, Compacts of Free Association
    with the United States became effective. Under the Compacts,
    the Federated States of Micronesia and the Republic of the
    Marshall Islands became self-governing sovereign states, in
    free association with the United states. Following the changes
    in political status of the Northern Mariana Islands, the
    Marshall Islands, and the Federated States of Micronesia, the
    Trusteeship Agreement ceased to be applicable to those entities
    and only Palau remained as a Trust Territory of the Pacific
    Islands.
        On January 10, 1986, the Government of the United States
    and the Government of the Republic of Palau concluded a Compact
    of Free Association similar to those that the United States
    entered into with the Republic of the Marshall Islands and with
    the Federated States of Micronesia. As in those instances, it
    was specified that the Compact with Palau would come into
    effect upon (1) mutual agreement between the Government of the
    United States, acting in fulfillment of its responsibilities as
    Administering Authority of the Trust Territory of the Pacific
    Islands, and the Government of Palau; (2) the approval of the
    Compact by the two Governments, in accordance with their
    constitutional processes; and (3) the approval of the Compact
    by plebiscite in Palau.
        In Palau the Compact has been approved by the Government in
    accordance with its constitutional processes and by a United
    Nations-observed plebiscite on November 9, 1993, a sovereign
    act of self-determination. In the United States the Compact was
    approved by Public Law 99-658 of November 14, 1986, and Public
    Law 101-219 of December 12, 1989.
        On May 25, 1994, the Trusteeship Council of the United
    Nations concluded that the Government of the United States had
    satisfactorily discharged its obligations as the Administering
    Authority under the terms of the Trusteeship Agreement and that
    the people of Palau had freely exercised their right to self-
    determination and considered that it was appropriate for the
    Trusteeship Agreement to be terminated. The Council asked the
    United States to consult with the Government of Palau and to
    agree on a date, on or about October 1, 1994, for entry into
    force of their new status agreement.
        On July 15, 1994, the Government of the United States and
    the Government of the Republic of Palau agreed, pursuant to
    Section 411 of the Compact of Free Association, that as between
    the United States and the Republic of Palau, the effective date
    of the Compact shall be October 1, 1994.
        As of this day, September 27, 1994, the United States has
    fulfilled its obligations under the Trusteeship Agreement with
    respect to the Republic of Palau. On October 1, 1994, the
    Compact will enter into force between the United States and the
    Republic of Palau, and Palau will thereafter be self-governing
    and no longer subject to the Trusteeship. In taking these
    actions, the United States is implementing the freely expressed
    wishes of the people of Palau.
        NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the
    United States of America, by the authority vested in me by the
    Constitution and laws of the United States, including sections
    101 and 102 of the Joint Resolution to approve the ``Compact of
    Free Association'' between the United States and the Government
    of Palau, and for other purposes, approved on November 14, 1986
    (Public Law 99-658), and section 101 of the Joint Resolution to
    authorize entry into force of the Compact of Free Association
    between the united states and the Government of Palau, and for
    other purposes, approved on December 12, 1989 (Public Law 101-
    219), and pursuant to section 1002 of the Covenant to Establish
    a commonwealth of the Northern Mariana Islands in Political
    Union with the United States of America, and consistent with
    sections 101 and 102 of the Joint Resolution to approve the
    ``Compact of Free Association'' and for other purposes,
    approved on January 14, 1986 (Public Law 99-239), do hereby
    find, declare, and proclaim as follows:
        Section 1. I determine that the Trusteeship Agreement for
    the Pacific Islands will be no longer in effect with respect to
    the Republic of Palau as of October 1, 1994, at one minute past
    one o'clock p.m. local time in Palau. This constitutes the
    determination referred to in section 1002 of the Covenant with
    the Northern Mariana Islands (Public Law 94-241).
        Sec. 2 The Compact of Free Association with the Republic of
    Palau will be in full force and effect as of October 1, 1994,
    at one minute past one o'clock p.m. local time in Palau.
        Sec. 3. I am gratified that the people of the Republic of
    Palau, after 47 years of Trusteeship, have freely chosen to
    establish a relationship of Free Association with the United
    States.
        IN WITNESS WHEREOF, I have hereunto set my hand this
    twenty-seventh day of September, in the year of our Lord
    nineteen hundred and ninety-four, and of the Independence of
    the United States of America the two hundred and nineteenth.
                       5. Registration of Foreign Agents

           a. Foreign Agents Registration Act of 1938, as amended \1\

                 Part I--Registration of Foreign Propagandists

    Public Law 75-583 [H.R. 1591], 52 Stat. 631, approved June 8, 1938; as
       amended by Public Law 76-319 [H.R. 5988], 53 Stat. 1244, approved
      August 7, 1939; Public Law 77-532 [S. 2399], 56 Stat. 248, approved
     April 29, 1942; Public Law 81-642 [H.R. 4386], 64 Stat. 399, approved
      August 3, 1950; Public Law 82-414 [H.R. 5678], 66 Stat. 163 at 276,
      approved June 27, 1952; Public Law 87-366 [H.R. 470], 75 Stat. 784,
      approved October 4, 1961; Public Law 89-486 [S. 693], 80 Stat. 244,
    approved July 4, 1966; Public Law 91-375 [H.R. 17070], 84 Stat. 719 at
    782, approved August 12, 1970; Public Law 98-620 [H.R. 6163], 98 Stat.
     3335 at 3359, approved November 11, 1984; Public Law 104-65 [Lobbying
    Disclosure Act of 1995; S. 1060], 109 Stat. 691, approved December 19,
      1995; Public Law 104-208 [Illegal Immigration Reform and Immigrant
       Responsibility Act of 1996; division C of title II of the Omnibus
     Consolidated Appropriations Act for Fiscal Year 1997; H.R. 3610], 110
        Stat. 3009, approved September 30, 1996; and Public Law 105-166
      [Lobbying Disclosure Technical Amendments Act of 1998; S. 758], 112
                        Stat. 38, approved April 6, 1998

       AN ACT To require the registration of certain persons employed by
     agencies to disseminate propaganda in the United States and for other
                                   purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That it is
    hereby declared to be the policy and purpose of this Act to
    protect the national defense, internal security, and foreign
    relations of the United States by requiring public disclosure
    by persons engaging in propaganda activities and other
    activities for or on behalf of foreign governments, foreign
    political parties, and other foreign principals so that the
    government and the people of the United States may be informed
    of the identity of such persons and may appraise their
    statements and actions in light of their associations and
    activities.\2\
    ---------------------------------------------------------------------------
        \1\ The Foreign Agents Registration Act of 1938, as amended, will
    be referred to as the FAR Act and ``this Act'' in footnotes.
        \2\ The Act of April 29, 1942 (56 Stat. 248) added the declaration
    of policy and purpose.
    ---------------------------------------------------------------------------
        Section 1.\3\ Definitions.\4\--Used in and for the purposes
    of this Act--
    ---------------------------------------------------------------------------
        \3\ 22 U.S.C. 611.
        \4\ The Act of August 7, 1939 (53 Stat. 1244); the Act of January
    24, 1942 (56 Stat. 248), and the Act of July 4, 1966 (80 Stat. 244),
    generally redefined the terms of this Act.
    ---------------------------------------------------------------------------
        (a) The term ``person'' includes an individual,
    partnership, association, corporation, organization, or any
    other combination of individuals;
        (b) \5\ The term ``foreign principal'' includes--
    ---------------------------------------------------------------------------
        \5\ Public Law 89-486 (80 Stat. 244) amended and restated subsec.
    (b).
    ---------------------------------------------------------------------------
              (1) a government of a foreign country and a foreign
            political party;
              (2) a person outside of the United States, unless it
            is established that such person is an individual and a
            citizen of and domiciled within the United States, or
            that such person is not an individual and is organized
            under or created by the laws of the United States or of
            any State or other place subject to the jurisdiction of
            the United States and has its principal place of
            business within the United States; and
              (3) a partnership, association, corporation,
            organization or other combination of persons organized
            under the laws of or having its principal place of
            business in a foreign country.
        (c) \6\ Except as provided in subsection (d) hereof, the
    term ``agent of a foreign principal'' means--
    ---------------------------------------------------------------------------
        \6\ Public Law 89-486 (80 Stat. 244) deleted paras. (3) and (4).
    The Act of August 1, 1956 (70 Stat. 899) deleted para. (5) which had
    been added by the Act of September 23, 1950 (64 Stat. 1005). The
    subject of para. (5) is now covered by 50 U.S.C. 851-858.
    ---------------------------------------------------------------------------
              (1) any person who acts as an agent, representative,
            employee, or servant, or any person who acts in any
            other capacity at the order, request, or under the
            direction or control, of a foreign principal or of a
            person any of whose activities are directly or
            indirectly supervised, directed, controlled, financed,
            or subsidized in whole or in major part by a foreign
            principal, and who directly or through any other
            person--
                      (i) engages with the United States in
                    political activities for or in the interests of
                    such foreign principal;
                      (ii) acts within the United States as a
                    public relations counsel, publicity agent,
                    information-service employee or political
                    consultant for or in the interests of such
                    foreign principal;
                      (iii) within the United States solicits,
                    collects, disburses, or dispenses
                    contributions, loans, money, or other things of
                    value for or in the interest of such foreign
                    principal; or
                      (iv) within the United States represents the
                    interests of such foreign principal before any
                    agency or official of the Government of the
                    United States; and
              (2) any person who agrees, consents, assumes or
            purports to act as, or who is or holds himself out to
            be, whether or not pursuant to contractual
            relationship, an agent of a foreign principal as
            defined in clause (1) of this subsection.
        (d) \7\ The term ``agent of a foreign principal'' does not
    include any news or press service or association organized
    under the laws of the United States or of any State or other
    place subject to the jurisdiction of the United States, or any
    newspaper, magazine, periodical, or other publication for which
    there is on file with the United States Postal Service
    information in compliance with section 3611 of title 39
    published in the United States, solely by virtue of any bona
    fide news or journalistic activities, including the
    solicitation or acceptance of advertisements, subscriptions, or
    other compensation therefore, so long as it is at least 80 per
    centum beneficially owned by, and its officers and directors,
    if any, are citizens of the United States, and such news or
    press service or association, newspaper, magazine, periodical,
    or other publication, is not owned, directed, supervised,
    controlled, subsidized, or financed, and none of its policies
    are determined by any foreign principal defined in section 1(b)
    hereof, or by any agent of a foreign principal required to
    register under this Act;
    ---------------------------------------------------------------------------
        \7\ Public Law 89-486 (80 Stat. 244) amended and restated subsecs.
    (d) and (g), which had been added by the Act of April 29, 1942 (56
    Stat. 248).
    ---------------------------------------------------------------------------
        (e) \8\ The term ``government of a foreign country''
    includes any person or group of persons exercising sovereign de
    facto or de jure political jurisdiction over any country, other
    than the United States, or over any part of such country, and
    includes any subdivision of any such group and any group or
    agency to which such sovereign de facto or de jure authority or
    functions are directly or indirectly delegated. Such term shall
    include any faction or body of insurgents within a country
    assuming to exercise governmental authority whether such
    faction or body of insurgents has or has not been recognized by
    the United States;
    ---------------------------------------------------------------------------
        \8\ The Act of April 29, 1942 (56 Stat. 248) added subsecs. (d)
    through (n).
    ---------------------------------------------------------------------------
        (f) \8\ The term ``foreign political party'' includes any
    organization or any other combination of individuals in a
    country other than the United States, or any unit or branch
    thereof, having for an aim or purpose, or which is engaged in
    any activity devoted in whole or in part to, the establishment,
    administration, control, or acquisition of administration or
    control, of a government of a foreign country or a subdivision
    thereof, or the furtherance or influencing of the political or
    public interests, policies, or relations of a government of a
    foreign country or a subdivision thereof;
        (g) \7\, \8\ The term ``public-relations
    counsel'' includes any person who engages directly or
    indirectly in informing, advising, or in any way representing a
    principal in any public relations matter pertaining to
    political or public interests, policies, or relations of such
    principal;
        (h) \8\ The term ``publicity agent'' includes any person
    who engages directly or indirectly in the publication or
    dissemination of oral, visual, graphic, written, or pictorial
    information or matter of any kind, including publication by
    means of advertising, books, periodicals, newspapers, lectures,
    broadcasts, motion pictures, or otherwise;
        (i) \8\ The term ``information-service employee'' includes
    any person who is engaged in furnishing, disseminating, or
    publishing accounts, descriptions, information, or data with
    respect to the political, industrial, employment, economic,
    social, cultural, or other benefits, advantages, facts, or
    conditions of any country other than the United States or of
    any government of a foreign country or of a foreign political
    party or of a partnership, association, corporation,
    organization, or other combination of individuals organized
    under the laws of, or having its principal place of business
    in, a foreign country;
        (j) \8\, \9\  * * * [Repealed--1995]
    ---------------------------------------------------------------------------
        \9\ Sec. 9(1)(A) of Public Law 104-65 (109 Stat. 699) struck out
    subsec. (j), which previously read as follows:
        ``(j) The term `political propaganda' includes any oral, visual,
    graphic, written, pictorial, or other communication or expression by
    any person (1) which is reasonably adapted to, or which the person
    disseminating the same believes will, or which he intends to, prevail
    upon, indoctrinate, covert, induce, or in any other way influence a
    recipient or any section of the public within the United States with
    reference to the political or public interests, policies, or relations
    of a government of a foreign country or a foreign political party or
    with reference to the foreign policies of the United States or promote
    in the United States racial, religious, or social dissensions, or (2)
    which advocates, advises, instigates, or promotes any racial, social,
    political, or religious disorder, civil riot, or other conflict
    involving the use of force or violence in any other American republic
    or the overthrow of any government or political subdivision of any
    other American republic by any means involving the use of force or
    violence. As used in this section 1(j) the term `disseminating'
    includes transmitting or causing to be transmitted in the United States
    mails or by any means or instrumentality of interstate or foreign
    commerce or offering or causing to be offered in the United States
    mails;''.
    ---------------------------------------------------------------------------
        (k) \8\ The term ``registration statement'' means the
    registration statement required to be filed with the Attorney
    General under section 2(a) hereof, and any supplements thereto
    required to be filed under section 2(b) hereof, and includes
    all documents and papers required to be filed therewith or
    amendatory thereof or supplemental thereto, whether attached
    thereto or incorporated therein by reference;
        (l) \8\ The term ``American republic'' includes any of the
    States which were signatory to the Final Act of the Second
    Meeting of the Ministers of Foreign Affairs of the American
    Republics at Habana, Cuba, July 30, 1940; \10\
    ---------------------------------------------------------------------------
        \10\ The Act of Habana, E.A.S. Doc. No. 199 is found at 54 Stat.
    2491. The 21 signatories were Honduras, Haiti, Costa Rica, Mexico,
    Argentina, Uruguay, Ecuador, Bolivia, Chile, Brazil, Cuba, Paraguay,
    Panama, Colombia, Venezuela, El Salvador, Dominican Republic, Peru,
    Nicaragua, Guatemala, and the United States of America.
    ---------------------------------------------------------------------------
        (m) \8\ The term ``United States,'' when used in a
    geographical sense includes the several States, the District of
    Columbia, the Territories, the Canal Zone, the insular
    possessions, and all other places now or hereafter subject to
    the civil or military jurisdiction of the United States; \11\
    ---------------------------------------------------------------------------
        \11\ Pursuant to Proclamation No. 2695 (11 F.R. 7517; 60 Stat.
    1352), granting independence to the Philippines, the words ``including
    the Philippine Islands'' were deleted from the definition of the United
    States.
    ---------------------------------------------------------------------------
        (n) \8\ The term ``prints'' means newspapers and
    periodicals, books, pamphlets, sheet music, visiting cards,
    address cards, printing proofs, engravings, photographs,
    pictures, drawings, plans, maps, patterns to be cut out,
    catalogs, prospectuses, advertisements, and printed, engraved,
    lithographed, or autographed notices of various kinds, and, in
    general, all impressions or reproductions obtained on paper or
    other material assimilable to paper, on parchment or on
    cardboard, by means of printing, engraving, lithography,
    autography, or any other easily recognizable mechanical
    process, with the exception of the copying press, stamps with
    movable or immovable type, and the typewriter.
        (o) \12\ The term ``political activities'' means any
    activity that the person engaging in believes will, or that the
    person intends to, in any way influence \13\ any agency or
    official of the Government of the United States or any section
    of the public within the United States with reference to
    formulating, adopting, or changing the domestic or foreign
    policies of the United States or with reference to the
    political or public interests, policies, or relations of a
    government of a foreign country or a foreign political party;
    ---------------------------------------------------------------------------
        \12\ The Act of July 4, 1966 (80 Stat. 244) added subsecs. (o)
    through (q). Subsequently, sec. 9(1)(D) of Public Law 104-65 (109 Stat.
    699) deleted subsec. (q).
        \13\ Sec. 9(1)(B) of Public Law 104-65 (109 Stat. 699) struck out
    ``the dissemination of political propaganda and any other activity
    which the person engaging therein believes will, or which he intends
    to, prevail upon, indoctrinate, convert, induce, persuade, or in any
    other way influence'' and inserted in lieu thereof ``any activity that
    the person engaging in believes will, or that the person intends to, in
    any way influence''.
    ---------------------------------------------------------------------------
        (p) \12\ The term ``political consultant'' means any person
    who engages in informing or advising any other person with
    reference to the domestic or foreign policies of the United
    States or the political or public interest, policies, or
    relations of a foreign country or of a foreign political
    party.\14\
    ---------------------------------------------------------------------------
        \14\ Sec. 9(1)(C) and (D) of Public Law 104-65 (109 Stat. 699)
    replaced a semicolon at the end of subsec. (p) with a period, and
    struck out subsec. (q), which had formerly read as follows:
        ``(q) For the purpose of section (3)(d) hereof, activities in
    furtherance of the bona fide commercial, industrial or financial
    interests of a domestic person engaged in substantial commercial,
    industrial or financial operations in the United States shall not be
    deemed to serve predominantly a foreign interest because such
    activities also benefit the interests of a foreign person engaged in
    bona fide trade or commerce which is owned or controlled by, or which
    owns or controls, such domestic person: Provided, That (i) such foreign
    person is not, and such activities are not directly or indirectly
    supervised, directed, controlled, financed or subsidized in whole or in
    substantial part by, a government of a foreign country or a foreign
    political party, (ii) the identity of such foreign person is disclosed
    to the agency or official of the United States with whom such
    activities are conducted, and (iii) whenever such foreign person owns
    or controls such domestic person, such activities are substantially in
    furtherance of the bona fide commercial, industrial or financial
    interests of such domestic person.''.
    ---------------------------------------------------------------------------
        (q) \14\ * * * [Repealed--1995]
        Sec. 2.\15\ Registration.--(a) No person shall act as an
    agent of a foreign principal unless he has filed with the
    Attorney General \16\ a true and complete registration
    statement and supplements thereto as required by this section
    2(a) and section 2(b) hereof or unless he is exempt from
    registration under the provisions of this Act. Except as
    hereinafter provided, every person who becomes an agent of a
    foreign principal shall, within ten days thereafter, file with
    the Attorney General, in duplicate, a registration statement,
    under oath on a form prescribed by the Attorney General. The
    obligation of an agent of a foreign principal to file a
    registration statement shall, after the tenth day of his
    becoming such agent, continue from day to day, and termination
    of such status shall not relieve such agent from his obligation
    to file a registration statement for the period during which he
    was an agent of a foreign principal. The registration statement
    shall include the following which shall be regarded as material
    for the purposes of this Act:
    ---------------------------------------------------------------------------
        \15\ 22 U.S.C. 612. The Act of July 4, 1966 (80 Stat. 244 at 245)
    amended and restated sec. 2. Previously, Public Law 81-642 (64 Stat.
    400) amended and restated sec. 2.
        \16\ Pursuant to sec. 2 of the Act of April 29, 1942 (56 Stat.
    251), and by virtue of Executive Order 9176 (7 F.R. 4127), effective
    June 1, 1942, registration functions under this Act were transferred
    from the Secretary of State to the Attorney General. Under 18 U.S.C.
    951, it is a criminal offense for one, other than a diplomatic or
    consular officer, to act as a foreign agent without prior notification
    to the Secretary of State.
    ---------------------------------------------------------------------------
              (1) \17\ Registrant's name, principal business
            address, and all other business addresses in the United
            States or elsewhere, and all residence addresses, if
            any;
    ---------------------------------------------------------------------------
        \17\ The Act of April 29, 1942 (56 Stat. 249) added paras. (1)
    through (11).
    ---------------------------------------------------------------------------
              (2) \17\ Status of the registrant; if an individual,
            nationality; if a partnership, name, residence
            addresses, and nationality of each partner and a true
            and complete copy of its articles of copartnership; if
            an association, corporation, organization, or any other
            combination of individuals, the name, residence
            addresses, and nationality of each director and officer
            and of each person performing the functions of a
            director or officer and a true and complete copy of its
            charter, articles of incorporation, association,
            constitution, and bylaws, and amendments thereto; a
            copy of every other instrument or document and a
            statement of the terms and conditions of every oral
            agreement relating to its organization, powers, and
            purposes; and a statement of its ownership and control;
              (3) \17\ A comprehensive statement of the nature of
            registrant's business; a complete list of registrant's
            employees and a statement of the nature of the work of
            each; \18\ the name and address of every foreign
            principal for whom the registrant is acting, assuming
            or purporting to act or has agreed to act; the
            character of the business or other activities of every
            such foreign principal, and, if any such foreign
            principal be other than a natural person, a statement
            of the ownership and control of each; and the extent,
            if any, to which each such foreign principal is
            supervised, directed, owned, controlled, financed, or
            subsidized, in whole or in part, by any government of a
            foreign country or foreign political party, or by any
            other foreign principal;
    ---------------------------------------------------------------------------
        \18\ The Act of July 4, 1966 (80 Stat. 244, 245) deleted ``unless,
    and to the extent, this requirement is waived in writing by the
    Attorney General;'' which previously appeared at this point.
    ---------------------------------------------------------------------------
              (4) \17\ Copies of each written agreement, and the
            terms and conditions of each oral agreement, including
            all modifications of such agreements, or, where no
            contract exists, a full statement of all the
            circumstances, by reason of which the registrant is an
            agent of a foreign principal; a comprehensive statement
            of the nature and method of performance of each such
            contract, and of the existing and proposed activity or
            activities engaged in or to be engaged in by the
            registrant as agent of a foreign principal for each
            such foreign principal, including a detailed statement
            of any such activity which is a political activity;
            \19\
    ---------------------------------------------------------------------------
        \19\ The Act of July 4, 1966 (80 Stat. 244, 245) inserted
    ``including a detailed statement of any such activity which is a
    political activity''.
    ---------------------------------------------------------------------------
              (5) \17\ The nature and amount of contributions,
            income, money, or thing of value, if any, that the
            registrant has received within the preceding sixty days
            from each such foreign principal, either as
            compensation or for disbursement or otherwise, and the
            form and time of each such payment and from whom
            received;
              (6) \17\ A detailed statement of every activity which
            the registrant is performing or is assuming or
            purporting or has agreed to perform for himself or any
            other person other than a foreign principal and which
            requires his registration hereunder, including a
            detailed statement of any such activity which is a
            political activity; \19\
              (7) \17\, \20\ The name, business, and
            residence addresses, and if an individual, the
            nationality, of any person other than a foreign
            principal for whom the registrant is acting, assuming
            or purporting to act or has agreed to act under such
            circumstances as require his registration hereunder;
            the extent to which each such person is supervised,
            directed, owned, controlled, financed, or subsidized,
            in whole or in part, by any government of a foreign
            country or foreign political party or by any other
            foreign principal; and the nature and amount of
            contributions, income, money, or thing of value, if
            any, that the registrant has received during the
            preceding sixty days from each such person in
            connection with any of the activities referred to in
            clause (6) of this subsection, either as compensation
            or for disbursement or otherwise, and the form and time
            of each such payment and from whom received;
    ---------------------------------------------------------------------------
        \20\ The Act of July 4, 1966 (80 Stat. 244, 245-246) amended and
    restated para. (7).
    ---------------------------------------------------------------------------
              (8) \17\ A detailed statement of the money and other
            things of value spent or disposed of by the registrant
            during the preceding sixty days in furtherance of or in
            connection with activities which require his
            registration hereunder and which have been undertaken
            by him either as an agent of a foreign principal or for
            himself or any other person or in connection with any
            activities relating to his becoming an agent of such
            principal, and a detailed statement of any
            contributions of money or other things of value made by
            him during the preceding sixty days (other than
            contributions the making of which is prohibited under
            the terms of section 613 \21\ of Title 18, United
            States Code) in connection with an election to any
            political office or in connection with any primary
            election, convention, or caucus held to select
            candidates for any political office;
    ---------------------------------------------------------------------------
        \21\ Public Law 94-283 (90 Stat. 496) repealed sec. 613.
    ---------------------------------------------------------------------------
              (9) \17\ Copies of each written agreement and the
            terms and conditions of each oral agreement, including
            all modifications of such agreements, or, where no
            contract exists, a full statement of all the
            circumstances, by reason of which the registrant is
            performing or assuming or purporting or has agreed to
            perform for himself or for a foreign principal or for
            any person other than a foreign principal any
            activities which require his registration hereunder;
              (10) \17\ Such other statements, information, or
            documents pertinent to the purposes of this Act as the
            Attorney General, having due regard for the national
            security and the public interests, may from time to
            time require;
              (11) \17\ Such further statements and such further
            copies of documents as are necessary to make the
            statements made in the registration statement and
            supplements thereto, and the copies of documents
            furnished therewith, not misleading.
        (b) \22\ Every agent of a foreign principal who has filed a
    registration statement required by section 2(a) hereof shall,
    within thirty days after the expiration of each period of six
    months succeeding such filing, file with the Attorney General a
    supplement thereto under oath, on a form prescribed by the
    Attorney General, which shall set forth with respect to such
    preceding six months' period such facts as the Attorney
    General, having due regard for the national security and the
    public interest, may deem necessary to make the information
    required under section 2 hereof accurate, complete, and current
    with respect to such period. In connection with the information
    furnished under clauses (3), (4), and (9) of section 2(a)
    hereof, the registrant shall give notice to the Attorney
    General of any changes therein within ten days after such
    changes occur. If the Attorney General, having due regard for
    the national security and the public interest, determines that
    it is necessary to carry out the purposes of this Act, he may,
    in any particular case, require supplements to the registration
    statement to be filed at more frequent intervals in respect to
    all or particular items of information to be furnished.
    ---------------------------------------------------------------------------
        \22\ Public Law 77-352 (56 Stat. 248) amended and restated subsecs.
    (b), (d), and (e).
    ---------------------------------------------------------------------------
        (c) The registration statement and supplements thereto
    shall be executed under oath as follows: If the registrant is
    an individual, by him; if the registrant is a partnership, by
    the majority of the members thereof; if the registrant is a
    person other than an individual or a partnership, by a majority
    of the officers thereof or persons performing the functions of
    officers or by a majority of the board of directors thereof or
    persons performing the functions of directors, if any.
        (d) \22\ The fact that a registration statement or
    supplement thereto has been filed shall not necessarily be
    deemed a full compliance with this Act and the regulations
    thereunder on the part of the registrant; nor shall it indicate
    that the Attorney General has in any way passed upon the merits
    of such registration statement or supplement thereto; nor shall
    it preclude prosecution, as provided for in this Act, for a
    willful failure to file a registration statement or supplement
    thereto when due or for willful false statement of a material
    fact therein or the willful omission of a material fact
    required to be stated therein or the willful omission of a
    material fact or copy of a material document necessary to make
    the statements made in a registration statement and supplements
    thereto, and the copies of documents furnished therewith, not
    misleading.
        (e) \22\ If any agent of a foreign principal, required to
    register under the provisions of this Act, has previously
    thereto registered with the Attorney General under the
    provisions of section 2386 of title 18,\23\ the Attorney
    General, in order to eliminate inappropriate duplication, may
    permit the incorporation by reference in the registration
    statement or supplements thereto filed hereunder of any
    information or documents previously filed by such agent of a
    foreign principal under the provisions of said section.\23\
    ---------------------------------------------------------------------------
        \23\ The Act of June 25, 1948 (62 Stat. 838), struck out ``sections
    14 to 17 of title 18'' and inserted in lieu thereof ``section 2386 of
    title 18''.
    ---------------------------------------------------------------------------
        (f) \24\ The Attorney General may, by regulation, provide
    for the exemption--
    ---------------------------------------------------------------------------
        \24\ The Act of July 4, 1966 (80 Stat. 244, 246) added subsec. (f).
    ---------------------------------------------------------------------------
              (1) from registration, or from the requirement of
            furnishing any of the information required by this
            section, of any person who is listed as a partner,
            officer, director, or employee in the registration
            statement filed by an agent of a foreign principal
            under this Act, and
              (2) from the requirement of furnishing any of the
            information required by this section of any agent of a
            foreign principal,
    where by reason of the nature of the functions or activities of
    such person the Attorney General, having due regard for the
    national security and public interest, determines that such
    registration, or the furnishing of such information, as the
    case may be, is not necessary to carry out the purposes of this
    Act.
        Sec. 3.\25\ Exemptions.--The requirements of section 2(a)
    hereof shall not apply to the following agents of foreign
    principals:
    ---------------------------------------------------------------------------
        \25\ 22 U.S.C. 613. The Act of April 29, 1942 (56 Stat. 248)
    amended and restated sec. 3. Subsequently, the Act of July 4, 1966 (80
    Stat. 244, 246) further amended and restated sec. 3.
    ---------------------------------------------------------------------------
        (a) A duly accredited diplomatic or consular officer of a
    foreign government who is so recognized by the Department of
    State, while said officer is engaged exclusively in activities
    which are recognized by the Department of State as being within
    the scope of the functions of such officer;
        (b) Any official of a foreign government, if such
    government is recognized by the United States, who is not a
    public-relations counsel, publicity agent, information-service
    employee, or a citizen of the United States, whose name and
    status and the character of whose duties as such official are
    of public record in the Department of State, while said
    official is engaged exclusively in activities which are
    recognized by the Department of State as being within the scope
    of the functions of such official;
        (c) Any member of the staff of, or any person employed by,
    a duly accredited diplomatic or consular officer of a foreign
    government who is so recognized by the Department of State,
    other than a public-relations counsel, publicity agent, or
    information-service employee, whose name and status and the
    character of whose duties as such member or employee are of
    public record in the Department of State, while said member or
    employee is engaged exclusively in the performance of
    activities which are recognized by the Department of State as
    being within the scope of the functions of such member or
    employee;
        (d) \26\ Any person engaging or agreeing to engage only (1)
    in private and nonpolitical activities in furtherance of the
    bona fide trade or commerce of such foreign principal; or (2)
    in other activities not serving predominantly a foreign
    interest; or (3) in the soliciting or collecting of funds and
    contributions within the United States to be used only for
    medical aid and assistance, or for food and clothing to relieve
    human suffering, if such solicitation or collection of funds
    and contributions is in accordance with and subject to the
    provisions of the Act of November 4, 1939, as amended (54 Stat.
    4),\27\ and such rules and regulations as may be prescribed
    thereunder;
    ---------------------------------------------------------------------------
        \26\ The Act of October 4, 1961 (75 Stat. 784) amended and restated
    subsec. (d). Subsequently, the Act of July 4, 1966 (80 Stat. 244, 246)
    further amended and restated subsec. (d).
        \27\ 22 U.S.C. 441 though 457.
    ---------------------------------------------------------------------------
        (e) Any person engaging or agreeing to engage only in
    activities in furtherance of bona fide religious, scholastic,
    academic, or scientific pursuits or of the fine arts;
        (f) Any person, or employee of such person, whose foreign
    principal is a government of a foreign country the defense of
    which the President deems vital to the defense of the United
    States while, (1) such person or employee engages only in
    activities which are in furtherance of the policies, public
    interest, or national defense both of such government and of
    the Government of the United States, and are not intended to
    conflict with any of the domestic or foreign policies of the
    Government of the United States, (2) each communication or
    expression by such person or employee which he intends to, or
    has reason to believe will, be published, disseminated, or
    circulated among any section of the public, or portion thereof,
    within the United States, is a part of such activities and is
    believed by such person to be truthful and accurate and the
    identity of such person as an agent of such foreign principal
    is disclosed therein, and (3) such government of a foreign
    country furnishes to the Secretary of State for transmittal to,
    and retention for the duration of this Act by, the Attorney
    General such information as to the identity and activities of
    such person or employee at such times as the Attorney General
    may require. Upon notice to the government of which such person
    is an agent or to such person or employee, the Attorney
    General, having due regard for the public interest and national
    defense, may, with the approval of the Secretary of State, and
    shall, at the request of the Secretary of State, terminate in
    whole or in part the exemption herein of any such person or
    employee; \28\
    ---------------------------------------------------------------------------
        \28\ By letter dated September 30, 1946, the President withdrew
    from consideration all countries previously designated as entitled to
    the exemption provided by subsec. (f).
    ---------------------------------------------------------------------------
        (g) \29\ Any person qualified to practice law, insofar as
    he engages or agrees to engage in the legal representation of a
    disclosed foreign principal before any court of law or any
    agency of the Government of the United States: Provided, That
    for the purpose of this subsection legal representation does
    not include attempts to influence or persuade agency personnel
    or officials other than in the course of judicial proceedings,
    criminal or civil law enforcement inquiries, investigations, or
    proceedings, or agency proceedings required by statute or
    regulations to be conducted on the record.\30\
    ---------------------------------------------------------------------------
        \29\ The Act of July 4, 1966 (80 Stat. 244, 246) added subsec. (g).
        \30\ Sec. 9(2) of Public Law 104-65 (109 Stat. 700) struck out
    ``established agency proceedings, whether formal or informal,'' and
    inserted in lieu thereof ``judicial proceedings, criminal or civil law
    enforcement inquiries, investigations, or proceedings, or agency
    proceedings required by statute or regulations to be conducted on the
    record.''.
    ---------------------------------------------------------------------------
        (h) \31\ Any agent of a person described in section 1(b)(2)
    or an entity described in section 1(b)(3) if the agent has
    engaged in lobbying activities and has registered \32\ under
    the Lobbying Disclosure Act of 1995 in connection with the
    agent's representation of such person or entity.
    ---------------------------------------------------------------------------
        \31\ Sec. 9(3) of Public Law 104-65 (109 Stat. 700) added subsec.
    (h).
        \32\ Sec. 5 of the Lobbying Disclosure Technical Amendments Act of
    1998 (Public Law 105-166; 112 Stat. 39) struck out ``agent is required
    to register and does register'' and inserted in lieu thereof ``has
    engaged in lobbying activities and has registered''.
    ---------------------------------------------------------------------------
        Sec. 4.\33\ Filing and Labeling of Political Propaganda.--
    (a) Every person within the United States who is an agent of a
    foreign principal and required to register under the provisions
    of this Act and who transmits or causes to be transmitted in
    the United States mails or by any means or instrumentality of
    interstate or foreign commerce any informational materials \34\
    for or in the interests of such foreign principal \35\ (i) in
    the form of prints, or (ii) in any other form which is
    reasonably adapted to being, or which he believes will be, or
    which he intends to be, disseminated or circulated among two or
    more persons shall, not later than forty-eight hours after the
    beginning of the transmittal thereof, file with the Attorney
    General two copies thereof.\36\
    ---------------------------------------------------------------------------
        \33\ 22 U.S.C. 614. The Act of April 29, 1942 (56 Stat. 248, 254,
    and 255) amended and restated sec. 4.
        \34\ Sec. 9(4)(A) of Public Law 104-65 (109 Stat. 700) struck out
    ``political propaganda'' and inserted in lieu thereof ``informational
    materials''.
        \35\ The Act of July 4, 1966 (80 Stat. 244, 246) inserted ``for or
    in the interests of such foreign principal''.
        \36\ The Act of July 4, 1966 (80 Stat. 244, 246) struck out ``sent
    to the Librarian of Congress two copies thereof and file with the
    Attorney General one copy thereof'' and inserted in lieu thereof ``file
    with the Attorney General two copies thereof''. Subsequently, sec.
    9(4)(B) of Public Law 104-65 (109 Stat. 700) struck out ``and a
    statement, duly signed by or on behalf of such agent, setting forth
    full information as to the places, times, and extent of such
    transmittal'' after ``thereof''.
    ---------------------------------------------------------------------------
        (b) It shall be unlawful for any person within the United
    States who is an agent of a foreign principal and required to
    register under the provisions of this Act to transmit or cause
    to be transmitted in the United States mails or by any means or
    instrumentality of interstate or foreign commerce any
    informational materials \37\ for or in the interests of such
    foreign principal without placing in such informational
    materials a conspicuous statement that the materials are
    distributed by the agent on behalf of the foreign principal,
    and that additional information is on file with the Department
    of Justice, Washington, District of Columbia. The Attorney
    General may by rule define what constitutes a conspicuous
    statement for the purposes of this subsection.\38\
    ---------------------------------------------------------------------------
        \37\ Sec. 9(5)(A) of Public Law 104-65 (109 Stat. 700) struck out
    ``political propaganda'' and inserted in lieu thereof ``informational
    materials''.
        \38\ Sec. 9(5)(B) of Public Law 104-65 (109 Stat. 700) struck out
    ``(i) in the form of prints, or (ii) in any other form which is
    reasonably adapted to being, or which he believes will be, or which he
    intends to be, disseminated or circulated among two or more persons,
    unless such political propaganda is conspicuously marked at its
    beginning with, or prefaced or accompanied by, a true and accurate
    statement, in the language or languages used in such political
    propaganda, setting forth the relationship or connection between the
    person transmitting the political propaganda or causing it to be
    transmitted and such propaganda; that the person transmitting such
    political propaganda or causing it to be transmitted is registered
    under this Act with the Department of Justice, Washington, District of
    Columbia, as an agent of a foreign principal, together with the name
    and address of such agent of a foreign principal and of such foreign
    principal; that, as required by this Act, his registration statement is
    available for inspection at and copies of such political propaganda are
    being filed with the Department of Justice; and that registration of
    agents of foreign principals required by the Act does not indicate
    approval by the United States Government of the contents of their
    political propaganda. The Attorney General, having due regard for the
    national security and the public interest, may by regulation prescribe
    the language or languages and the manner and form in which such
    statement shall be made and require the inclusion of such other
    information contained in the registration statement identifying such
    agent of a foreign principal and such political propaganda and its
    sources as may be appropriate.'', and inserted in lieu thereof the text
    to the end of the subsec., beginning at ``without placing in such''.
    ---------------------------------------------------------------------------
        (c) \39\ The copies of informational materials \40\
    required by this Act to be filed with the Attorney General
    shall be available for public inspection under such regulations
    as he may prescribe.
    ---------------------------------------------------------------------------
        \39\ The Act of July 4, 1966 (80 Stat. 244 at 247) amended and
    restated subsec. (c).
        \40\ Sec. 9(6) of Public Law 104-65 (109 Stat. 700) struck out
    ``political propaganda'' and inserted in lieu thereof ``informational
    materials''.
    ---------------------------------------------------------------------------
        (d) For purposes of the Library of Congress, other than for
    public distribution, the Secretary of the Treasury and the
    Postmaster General are authorized, upon the request of the
    Librarian of Congress, to forward to the Library of Congress
    fifty copies, or as many fewer thereof as are available, of all
    foreign prints determined to be prohibited entry under the
    provisions of section 305 of title III of the Act of June 17,
    1930 (46 Stat. 688),\41\ and of all foreign prints excluded
    from the mails under authority of section 1 of title XII of the
    Act of June 15, 1917 (40 Stat. 230).\42\
    ---------------------------------------------------------------------------
        \41\ 19 U.S.C. 1305.
        \42\ 18 U.S.C. 1717.
    ---------------------------------------------------------------------------
        Notwithstanding the provisions of section 305 of title III
    of the Act of June 17, 1930 (46 Stat. 688),\41\ and of section
    1 of title XII of the Act of June 15, 1917 (40 Stat. 230),\42\
    the Secretary of the Treasury is authorized to permit the entry
    and the Postmaster General is authorized to permit the
    transmittal in the mails of foreign prints imported for
    governmental purposes by authority or for the use of the United
    States or for the use of the Library of Congress.
        (e) \43\ It shall be unlawful for any person within the
    United States who is an agent of a foreign principal required
    to register under the provisions of this Act to transmit,
    convey, or otherwise furnish to any agency or official of the
    Government (including a Member or committee of either House of
    Congress) for or in the interests of such foreign principal any
    political propaganda or to request from any such agency or
    official for or in the interest of such foreign principal any
    information or advice with respect to any matter pertaining to
    the political or public interests, policies or relations of a
    foreign country or of a political party or pertaining to the
    foreign or domestic policies of the United States unless the
    propaganda or the request is prefaced or accompanied by a true
    and accurate statement to the effect that such person is
    registered as an agent of such foreign principal under this
    Act.
    ---------------------------------------------------------------------------
        \43\ The Act of July 4, 1966 (80 Stat. 244 at 247) added subsecs.
    (e) and (f).
    ---------------------------------------------------------------------------
        (f) \43\ Whenever any agent of a foreign principal required
    to register under this Act appears before any committee of
    Congress to testify for or in the interests of such foreign
    principal, he shall, at the time of such appearance, furnish
    the committee with a copy of his most recent registration
    statement filed with the Department of Justice as an agent of
    such foreign principal for inclusion in the records of the
    committee as part of his testimony.
        Sec. 5.\44\ Books and Records.--Every agent of a foreign
    principal registered under this Act shall keep and preserve
    while he is an agent of a foreign principal such books of
    account and other records with respect to all his activities,
    the disclosure of which is required under the provisions of
    this Act, in accordance with such business and accounting
    practices,\45\ as the Attorney General having due regard for
    the national security and the public interest, may by
    regulation prescribe as necessary or appropriate for the
    enforcement of the provisions of this Act and shall preserve
    the same for a period of three years following the termination
    of such status. Until regulations are in effect under this
    section every agent of a foreign principal shall keep books of
    account and shall preserve all written records with respect to
    his activities. Such books and records shall be open at all
    reasonable times to the inspection of any official charged with
    the enforcement of this Act. It shall be unlawful for any
    person willfully to conceal, destroy, obliterate, mutilate, or
    falsify, or to attempt to conceal, destroy, obliterate,
    mutilate, or falsify, or to cause to be concealed, destroyed,
    obliterated, mutilated, or falsified, any books or records
    required to be kept under the provisions of this section.
    ---------------------------------------------------------------------------
        \44\ 22 U.S.C. 615. The Act of April 29, 1942 (56 Stat. 248)
    amended and restated sec. 5.
        \45\ Public Law 89-486 (80 Stat. 244) inserted ``in accordance with
    such business and accounting practices''.
    ---------------------------------------------------------------------------
        Sec. 6.\46\ Public Examination of Official Record.--(a) The
    Attorney General shall retain in permanent form one copy of all
    registration statements \47\ furnished until this Act, and the
    same shall be public records and open to public examination and
    inspection at such reasonable hours, under such regulations, as
    the Attorney General may prescribe, and copies of the same
    shall be furnished to every applicant at such reasonable fee as
    the Attorney General may prescribe. The Attorney General may
    withdraw from public examination the registration statement and
    other statements of any agent of a foreign principal whose
    activities have ceased to be of a character which requires
    registration under the provisions of this Act.
    ---------------------------------------------------------------------------
        \46\ 22 U.S.C. 616. The Act of April 29, 1942 (56 Stat. 248)
    amended and restated subsec. (a).
        \47\ Sec. 9(7)(A) of Public Law 104-65 (109 Stat. 700) struck out
    ``and all statements concerning the distribution of political
    propaganda'' after ``all registration statements''.
    ---------------------------------------------------------------------------
        (b) \48\ The Attorney General shall, promptly upon receipt,
    transmit one copy of every registration statement filed
    hereunder and one copy of every amendment or supplement thereto
    \49\ filed hereunder to the Secretary of State for such comment
    and use as the Secretary of State may determine to be
    appropriate from the point of view of the foreign relations of
    the United States. Failure of the Attorney General so to
    transmit such copy shall not be a bar to prosecution under this
    Act.
    ---------------------------------------------------------------------------
        \48\ Public Law 89-486 (80 Stat. 244) added subsecs. (b) and (c).
        \49\ Sec. 9(7)(B) of Public Law 104-65 (109 Stat. 700) struck out
    ``, and one copy of every item of political propaganda'' after
    ``supplement thereto''.
    ---------------------------------------------------------------------------
        (c) \48\ The Attorney General is authorized to furnish to
    departments and agencies in the executive branch and committees
    of the Congress such information obtained by him in the
    administration of this Act, including the names of registrants
    under this Act, copies of registration statements, or parts
    thereof,\50\ or other documents or information filed under this
    Act, as may be appropriate in the light of the purposes of this
    Act.
    ---------------------------------------------------------------------------
        \50\ Sec. 9(7)(C) of Public Law 104-65 (109 Stat. 700) struck out
    ``copies of political propaganda,'' after ``or parts thereof,''.
    ---------------------------------------------------------------------------
        Sec. 7.\51\ Liability of Officers.--Each officer, or person
    performing the functions of an officer, and each director or
    person performing the functions of a director, of an agent of a
    foreign principal which is not an individual shall be under
    obligation to cause such agent to execute and file a
    registration statement and supplements thereto as and when such
    filing is required under sections 2(a) and 2(b) hereof and
    shall also be under obligation to cause such agent to comply
    with all the requirements of sections 4(a), 4(b), and 5 and all
    other requirements of this Act. Dissolution of any organization
    acting as an agent of a foreign principal shall not relieve any
    officer, or person performing the functions of an officer, or
    any director, or person performing the functions of a director,
    from complying with the provisions of this section. In case of
    failure of any such agent of a foreign principal to comply with
    any of the requirements of this Act, each of its officers, or
    persons performing the functions of officers, and each of its
    directors, or persons performing the functions of directors,
    shall be subject to prosecution therefor.
    ---------------------------------------------------------------------------
        \51\ 22 U.S.C. 617. The Act of April 29, 1942 (56 Stat. 248)
    amended and restated sec. 7. Subsequently, sec. 2 of Public Law 81-642
    (64 Stat. 400) further amended and restated sec. 7.
    ---------------------------------------------------------------------------
        Sec. 8.\52\ Enforcement and Penalties.--(a) Any person
    who--
    ---------------------------------------------------------------------------
        \52\ 22 U.S.C. 618. The Act of April 29, 1942 (56 Stat. 248) added
    sec. 8.
    ---------------------------------------------------------------------------
              (1) willfully violates any provisions of this Act or
            any regulations thereunder, or
              (2) in any registration statement or supplement
            thereto \53\ or in any other documents filed with or
            furnished to the Attorney General under the provisions
            of this Act willfully makes a false statement of a
            material fact or willfully omits any material fact
            required to be stated therein or willfully omits a
            material fact or a copy of a material document
            necessary to make the statements therein and the copies
            of documents furnished therewith not misleading, shall,
            upon conviction thereof, be punished by a fine of not
            more than $10,000 or by imprisonment for not more than
            five years, or both, except that in case of a violation
            of subsection (b), (e), or (f) section 4 or of
            subsection (g) or (h) of this section the punishment
            shall be a fine of not more than $5,000 or imprisonment
            for not more than six months, or both.\54\
    ---------------------------------------------------------------------------
        \53\ Sec. 9(8)(A) of Public Law 104-65 (109 Stat. 700) struck out
    ``or in any statement under section 4(a) hereof concerning the
    distribution of political propaganda'' after ``supplement thereto''.
        \54\ Sec. 7(1) of Public Law 89-486 (80 Stat. 248) inserted
    ``except that in case of a violation of subsection (b), (e), or (f)
    section 4 or of subsection (g) or (h) of this section the punishment
    shall be a fine of not more than $5,000 or imprisonment for not more
    than six months, or both''.
    ---------------------------------------------------------------------------
        (b) In any proceeding under this Act in which it is charged
    that a person is an agent of a foreign principal with respect
    to a foreign principal outside of the United States, proof of
    the specific identity of the foreign principal shall be
    permissible but not necessary.
        (c) \55\ Any alien who shall be convicted of a violation
    of, or a conspiracy to violate, any provisions of this Act or
    any regulation thereunder shall be subject to removal pursuant
    to chapter 4 of title II of the Immigration and Nationality
    Act.\56\
    ---------------------------------------------------------------------------
        \55\ Sec. 402(d) of the Immigration and Nationality Act of 1952 (66
    Stat. 276) amended and restated subsec. (c).
        \56\ Sec. 308(e)(19) of the Illegal Immigration Reform and
    Immigrant Responsibility Act of 1996 (division C of title II of the
    Omnibus Consolidated Appropriations Act for Fiscal Year 1997; Public
    Law 104-208; 110 Stat. 3009) struck out ``deportation in the manner
    provided by sections 241-243 of the Immigration and Nationality Act of
    1952 (66 Stat. 204).'' and inserted in lieu thereof ``removal pursuant
    to chapter 4 of title II of the Immigration and Nationality Act.''.
    ---------------------------------------------------------------------------
        (d)\57\ * * * [Repealed--1995]
    ---------------------------------------------------------------------------
        \57\ Sec. 9(8)(B) of Public Law 104-65 (109 Stat. 700) struck out
    subsec. (d), which had previously read as follows:
        ``(d) The Postmaster General may declare to be nonmailable any
    communication or expression falling within clause (2) of section 1(j)
    hereof in the form of prints or in any other form reasonably adapted
    to, or reasonably appearing to be intended for, dissemination or
    circulation among two or more persons, which is offered or caused to be
    offered for transmittal in the United States mails to any person or
    persons in any other American republic by any agent of a foreign
    principal, if the Postmaster General is informed in writing by the
    Secretary of State that the duly accredited diplomatic representative
    of such American republic has made written representation to the
    Department of State that the admission or circulation of such
    communication or expression in such American republic is prohibited by
    the laws thereof and has requested in writing that its transmittal
    thereto be stopped.''.
    ---------------------------------------------------------------------------
        (e) \58\ Failure to file any such registration statement or
    supplements thereto as is required by either section 2(a) or
    section 2(b) shall be considered a continuing offense for as
    long as such failure exists, notwithstanding any statute of
    limitation or other statute to the contrary.
    ---------------------------------------------------------------------------
        \58\ The Act of September 23, 1950 (64 Stat. 1005) added subsec.
    (e).
    ---------------------------------------------------------------------------
        (f) \59\ Whenever in the judgment of the Attorney General
    any person is engaged in or about to engage in any acts which
    constitute or will constitute a violation of any provision of
    this Act, or regulations issued thereunder, or whenever any
    agent of a foreign principal fails to comply with any of the
    provisions of this Act or the regulations issued thereunder, or
    otherwise is in violation of the Act, the Attorney General may
    make application to the appropriate United States district
    court for an order enjoining such acts or enjoining such person
    from continuing to act as an agent of such foreign principal,
    or for an order requiring compliance with any appropriate
    provision of the Act or regulation thereunder. The district
    court shall have jurisdiction and authority to issue a
    temporary or permanent injunction, restraining order or such
    other order which it may deem proper.\60\
    ---------------------------------------------------------------------------
        \59\ The Act of July 4, 1966 (80 Stat. 244, 248) added subsecs. (f)
    through (h).
        \60\ Sec. 402(26) of Public Law 98-620 (98 Stat. 3359) deleted
    ``The proceedings shall be made a preferred cause and shall be
    expedited in every way.'' which previously appeared at this point.
    ---------------------------------------------------------------------------
        (g) \59\ If the Attorney General determines that a
    registration statement does not comply with the requirements of
    this Act or the regulations issued thereunder, he shall so
    notify the registrant in writing, specifying in what respects
    the statement is deficient. It shall be unlawful for any person
    to act as an agent of a foreign principal at any time ten days
    or more after receipt of such notification without filing an
    amended registration statement in full compliance with the
    requirements of this Act and the regulations issued thereunder.
        (h) \59\ It shall be unlawful for any agent of a foreign
    principal required to register under this Act to be a party to
    any contract, agreement, or understanding, either expressed or
    implied, with such foreign principal pursuant to which the
    amount or payment of the compensation, fee, or other
    remuneration of such agent is contingent in whole or in part
    upon the success of any political activities carried on by such
    agent.
        Sec. 9. \61\ Applicability of Act.--This Act shall be
    applicable in the several States, the District of Columbia, the
    Territories, the Canal Zone, the insular possessions, and all
    other places now or hereafter subject to the civil or military
    jurisdiction of the United States.\62\
    ---------------------------------------------------------------------------
        \61\ 22 U.S.C. 619. The Act of April 29, 1942 (56 Stat. 257) added
    sec. 9.
        \62\ Pursuant to Proclamation No. 2695 (11 F.R. 7517; 60 Stat.
    1352), granting independence to the Philippines, the words ``including
    the Philippine Islands'' were deleted from the definition of the United
    States.
    ---------------------------------------------------------------------------
        Sec. 10.\63\, \64\ Rules and Regulations.--The
    Attorney General may at any time make, prescribe, amend, and
    rescind such rules, regulations, and forms as he may deem
    necessary to carry out the provisions of this Act.
    ---------------------------------------------------------------------------
        \63\ The Act of April 29, 1942 (56 Stat. 257) added secs. 10
    through 14.
        \64\ 22 U.S.C. 620.
    ---------------------------------------------------------------------------
        Sec. 11.\63\, \65\ Reports to the Congress.--The
    Attorney General shall every six months report to the Congress
    concerning administration of this Act, including registrations
    filed pursuant to the Act, and the nature, sources and content
    of political propaganda disseminated and distributed.
    ---------------------------------------------------------------------------
        \65\ 22 U.S.C. 621. Sec. 19 of Public Law 104-65 (109 Stat. 704)
    amended and restated sec. 11. Sec. 1(20) of Public Law 106-197 (114
    Stat. 246) provided that sec. 3003(a) of the Federal Reports
    Elimination and Sunset Act of 1995 would not apply to this reporting
    requirement.
    ---------------------------------------------------------------------------
        Sec. 12.\63\, \66\ Separability of Provisions.--
    If any provision of this Act, or the application thereof to any
    person or circumstances, is held invalid, the remainder of the
    Act, and the application of such provisions to other persons or
    circumstances, shall not be affected thereby.
    ---------------------------------------------------------------------------
        \66\ 22 U.S.C. 611 note.
    ---------------------------------------------------------------------------
        Sec. 13.\63\, \66\ This Act is in addition to
    and not in substitution for any other existing statute.
        Sec. 14.\63\, \66\ Short Title.--The Act may be
    cited as the ``Foreign Agents Registration Act of 1938, as
    amended''.
      b. U.S. Public Officials and Employees Acting as Agents of Foreign
                                   Principals

    Sec. 219 of title 18, United States Code, as added by Public Law 89-486
     [S. 693], 80 Stat. 248, approved July 4, 1966; and amended by Public
     Law 98-473 [H.J. Res. 648], 98 Stat. 2149, approved October 12, 1984;
      Public Law 99-646 [S. 1236], 100 Stat. 3598, approved November 10,
     1986; Public Law 101-647 [S. 3266], 104 Stat. 4922, approved November
     29, 1990; and Public Law 104-65 [Lobbying Disclosure Act of 1995; S.
                1060], 109 Stat. 691, approved December 19, 1995

    Sec. 219. Officers and employees acting as agents of foreign principals

        (a) \1\ Whoever, being a public official,\2\ is or acts as
    an agent of a foreign principal required to register under the
    Foreign Agents Registration Act of 1938 or a lobbyist required
    to register under the Lobbying Disclosure Act of 1995 in
    connection with the representation of a foreign entity, as
    defined in section 3(6) of that Act \3\ shall be fined under
    this title or imprisoned for not more than two years, or both.
    ---------------------------------------------------------------------------
        \1\ Sec. 30 of Public Law 99-646 (100 Stat. 3598) redesignated the
    first two paras. of sec. 219 as subsecs. (b) and (c), and added a new
    subsec. (a).
        Sec. 8(a) of Public Law 89-486 added a new sec. 613 to ch. 20 of
    title 18, U.S.C., concerning contributions by foreign nationals.
    However, sec. 201(a) of the Federal Election Campaign Act (Public Law
    94-283; 90 Stat. 496) repealed sec. 613. Public Law 94-283 further
    added a new sec. 324 (2 U.S.C. 441e), subsequently redesignated as sec.
    319, to the Federal Election Campaign Act of 1971 which became the new
    law regarding contributions of foreign nationals. The text of sec. 319
    is as follows:

    ``contributions and donations by foreign nationals
    ---------------------------------------------------------------------------

        ``Sec. 319. (a) Prohibition.--It shall be unlawful for--
    ---------------------------------------------------------------------------

      ``(1) a foreign national, directly or indirectly, to make--

      ``(A) a contribution or donation of money or other thing of value, or to
    make an express or implied promise to make a contribution or donation, in
    connection with a Federal, State, or local election;

      ``(B) a contribution or donation to a committee of a political party; or

      ``(C) an expenditure, independent expenditure, or disbursement for an
    electioneering communication (within the meaning of section 434(f)(3) of
    this title); or

      ``(2) a person to solicit, accept, or receive a contribution or donation
    described in subparagraph (A) or (B) of paragraph (1) from a foreign
    national.
    ---------------------------------------------------------------------------

        ``(b) `Foreign national' defined.--As used in this section, the
    term `foreign national' means--
    ---------------------------------------------------------------------------

      ``(1) a foreign principal, as such term is defined by section 611(b) of
    title 22, except that the term `foreign national' shall not include any
    individual who is a citizen of the United States; or

      ``(2) an individual who is not a citizen of the United States or a
    national of the United States (as defined in section 1101(a)(22) of title
    8) and who is not lawfully admitted for permanent residence, as defined by
    section 1101(a) (20) of title 8.''.
    ---------------------------------------------------------------------------

        \2\ Sec. 1116 of Public Law 98-473 (98 Stat. 2149) struck out ``an
    officer or employee'' and inserted in lieu thereof ``a public
    official''.
        \3\ Sec. 12(b)(1) of Public Law 104-65 (109 Stat. 701) inserted
    ``or a lobbyist required to register under the Lobbying Disclosure Act
    of 1995 in connection with the representation of a foreign entity, as
    defined in section 3(6) of that Act''.
        Sec. 12(b)(2) of Public Law 104-65 (109 Stat. 701) struck out ``,
    as amended,'' after the newly added language.
    ---------------------------------------------------------------------------
        (b) \1\ Nothing in this section shall apply to the
    employment of any agent of a foreign principal as a special
    Government employee in any case in which the head of the
    employing agency certifies that such employment is required in
    the national interest. A copy of any certification under this
    paragraph shall be forwarded by the head of such agency to the
    Attorney General who shall cause the same to be filed with the
    registration statement and other documents filed by such agent,
    and made available for public inspection in accordance with
    section 6 of the Foreign Agents Registration Act of 1938, as
    amended.
        (c) \1\, \4\ For the purpose of this section
    ``public official'' means Member of Congress, Delegate,\5\ or
    Resident Commissioner, either before or after he has qualified,
    or an officer or employee or person acting for or on behalf of
    the United States, or any department, agency, or branch of
    Government \6\ thereof, including the District of Columbia, in
    any official function, under or by authority of any such
    department, agency, or branch of Government.
    ---------------------------------------------------------------------------
        \4\ Sec. 1116(2) of Public Law 98-473 (98 Stat. 2149) added subsec.
    (c), as redesignated.
        \5\ Sec. 30 of Public Law 99-646 (100 Stat. 3598) struck out ``the
    Delegate from the District of Columbia'' and inserted in lieu thereof
    ``Delegate'', and struck out ``, or a juror''.
        \6\ Sec. 3511 of Public Law 101-647 (104 Stat. 4922) struck out
    ``Governments'' and inserted in lieu thereof ``Government''.
                        c. Agents of Foreign Governments

                        Title 18, United States Code\1\

    Sec. 951. Agents of foreign governments

        (a) Whoever, other than a diplomatic or consular officer or
    attache, acts in the United States as an agent of a foreign
    government without prior notification to the Attorney General
    if required in subsection (b), shall be fined under this title
    \2\ or imprisoned not more than ten years, or both.
    ---------------------------------------------------------------------------
        \1\ Sec. 951 was enacted as part of Public Law 80-772 (62 Stat.
    743).
        \2\ Sec. 330016(1)(R) of Public Law 103-322 (108 Stat. 2148) struck
    out ``not more than $75,000'' and inserted in lieu thereof ``under this
    title''.
    ---------------------------------------------------------------------------
        (b) The Attorney General shall promulgate rules and
    regulations establishing requirements for notification.
        (c) The Attorney General shall, upon receipt, promptly
    transmit one copy of each notification statement filed under
    this section to the Secretary of State for such comment and use
    as the Secretary of State may determine to be appropriate from
    the point of view of the foreign relations of the United
    States. Failure of the Attorney General to do so shall not be a
    bar to prosecution under this section.
        (d) For purposes of this section, the term ``agent of a
    foreign government'' means an individual who agrees to operate
    within the United States subject to the direction or control of
    a foreign government or official, except that such term does
    not include--
              (1) a duly accredited diplomatic or consular officer
            of a foreign government, who is so recognized by the
            Department of State;
              (2) any officially and publicly acknowledged and
            sponsored official or representative of a foreign
            government;
              (3) any officially and publicly acknowledged and
            sponsored member of the staff of, or employer of, an
            officer, official, or representative described in
            paragraph (1) or (2), who is not a United States
            citizen; or
              (4) any person engaged in a legal commercial
            transaction.
        (e) \3\ Notwithstanding paragraph (d)(4), any person
    engaged in a legal commercial transaction shall be considered
    to be an agent of a foreign government for purposes of this
    section if--
    ---------------------------------------------------------------------------
        \3\ Sec. 703 of Public Law 99-569 (100 Stat. 3205) added subsec.
    (e).
    ---------------------------------------------------------------------------
              (1) such person agrees to operate within the United
            States subject to the direction or control of a foreign
            government or official; and
              (2) such person--
                      (A) is an agent of Cuba or any other country
                    that the President determines (and so reports
                    to the Congress) poses a threat to the national
                    security interest of the United States for
                    purposes of this section,\4\ unless the
                    Attorney General, after consultation with the
                    Secretary of State, determines and so reports
                    to the Congress that the national security or
                    foreign policy interests of the United States
                    require that the provisions of this section do
                    not apply in specific circumstances to agents
                    of such country; or
    ---------------------------------------------------------------------------
        \4\ Sec. 202 of Public Law 103-199 (107 Stat. 2321) struck out
    ``the Soviet Union, the German Democratic Republic, Hungary,
    Czechoslovakia, Poland, Bulgaria, Romania, or Cuba'' and inserted in
    lieu thereof ``Cuba or any other country that the President determines
    (and so reports to the Congress) poses a threat to the national
    security interest of the United States for purposes of this section''.
    ---------------------------------------------------------------------------
                      (B) has been convicted of, or has entered a
                    plea of nolo contendere with respect to, any
                    offense under section 792 through 799, 831, or
                    2381 of this title or under section 11 \5\ of
                    the Export Administration Act of 1979, except
                    that the provisions of the subsection shall not
                    apply to a person described in this clause for
                    a period of more than five years beginning on
                    the date of the conviction or the date of entry
                    of the plea of nolo contendere, as the case may
                    be.
    ---------------------------------------------------------------------------
        \5\ 50 U.S.C. app. 2410.
                     6. Neutrality Act and Related Material

                     a. Neutrality Act of 1939, as amended

    Public Resolution 76-54 [H.J. Res. 306], 54 Stat. 4, approved November
      4, 1939; as amended by Public Resolution 76-87 [S.J. Res. 279], 54
     Stat. 611, approved June 26, 1940; Public Law 76-776 [H.R. 10213], 54
    Stat. 866, approved August 27, 1940; Public Law 77-294 [H.J. Res. 237],
    55 Stat. 764, approved November 17, 1941; Public Law 77-459 [S.J. Res.
          133], 56 Stat. 95, approved February 21, 1942; Presidential
    Proclamation 2695, 11 F.R. 7517, 60 Stat. 1352, approved July 4, 1946;
      and Public Law 83-665 [Mutual Security Act of 1954; H.R. 9678], 68
                      Stat. 861, approved August 26, 1954

    JOINT RESOLUTION To preserve the neutrality and the peace of the United
      States and to secure the safety of its citizens and their interests.

    Whereas the United States, desiring to preserve its neutrality
        in wars between foreign states and desiring also to avoid
        involvement therein, voluntarily imposes upon its nationals
        by domestic legislation the restrictions set out in this
        joint resolution; and
    Whereas by so doing the United States waives none of its own
        rights or privileges, or those of any of its nationals,
        under international law, and expressly reserves all the
        rights and privileges to which it and its nationals are
        entitled under the law of nations; and
    Whereas the United States hereby expressly reserves the right
        to repeal, change or modify this joint resolution or any
        other domestic legislation in the interests of the peace,
        security or welfare of the United States and its people:
        Therefore be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

             proclamation of a state of war between foreign states

        Section 1.\1\ (a) That whenever the President, or the
    Congress by concurrent resolution, shall find that there exists
    a state of war between foreign states, and that it is necessary
    to promote the security or preserve the peace of the United
    States or to protect the lives of citizens of the United
    States, the President shall issue a proclamation naming the
    states involved; and he shall, from time to time, by
    proclamation, name other states as and when they may become
    involved in the war.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 441.
    ---------------------------------------------------------------------------
        (b) Whenever the state of war which shall have caused the
    President to issue any proclamation under the authority of this
    section shall have ceased to exist with respect to any state
    named in such proclamation, he shall revoke such proclamation
    with respect to such state.
        Sec. 2.\2\ * * * [Repealed--1941]
    ---------------------------------------------------------------------------
        \2\ Public Law 77-294 (55 Stat. 764) repealed sec. 2, which
    concerned commerce with states engaged in armed conflict.
    ---------------------------------------------------------------------------
        Sec. 3.\3\ * * * [Repealed--1941]
    ---------------------------------------------------------------------------
        \3\ Public Law 77-294 (55 Stat. 764) repealed sec. 3, which related
    to combat areas.
    ---------------------------------------------------------------------------

                               american red cross

        Sec. 4.\4\ (a) The provisions of section 2(a) \2\ shall not
    prohibit the transportation by vessels, unarmed and not under
    convoy, under charter or other direction and control of the
    American Red Cross of officers and American Red Cross
    personnel, medical personnel, and medical supplies, food, and
    clothing, for the relief of human suffering: Provided, That
    where permission has not been given by the blockading power, no
    American Red Cross vessel shall enter a port where a blockade
    by aircraft, surface vessel, or submarine is being attempted
    through the destruction of vessels, or into a port of any
    country where such blockade of the whole country is being so
    attempted: Provided further, That such American Red Cross
    vessel shall be on a mission of mercy only and carrying only
    Red Cross materials and personnel.
    ---------------------------------------------------------------------------
        \4\ 22 U.S.C. 444. Public Resolution 76-87 (54 Stat. 611) amended
    and restated subsec. (a).
    ---------------------------------------------------------------------------
        (b) \5\ The provisions of sections 2(a) \2\ and 3 \3\ shall
    not prohibit a vessel, in ballast, unarmed, and not under
    convoy, and transporting refugee children, under sixteen years
    of age, from war zones, or combat areas, and shall not prohibit
    such vessel entering into such war zones or combat areas for
    this purpose, together with such necessary American citizen
    adult personnel in charge as may be approved by the Secretary
    of State, subject to the provisions of the immigration laws, if
    such vessel is proceeding under safe conduct granted by all of
    the states named in the proclamations issued under the
    authority of section 1(a), and if such vessel has painted on a
    large scale prominently, distinctly, and unmistakably on each
    side thereof and upon the superstructure thereof plainly
    visible from the air and American flag and a statement to the
    effect that such vessel is a refugee-child rescue ship of the
    United States or under United States registry: Provided, That
    every such child so brought into the United States shall,
    previous to departure from the port of embarkation, have been
    so sponsored by some responsible American person, natural or
    corporate, that he will not become a public charge.
    ---------------------------------------------------------------------------
        \5\ Public Law 76-776 (54 Stat. 866) added subsec. (b).
    ---------------------------------------------------------------------------

                    travel on vessels of belligerent states

        Sec. 5.\6\ (a) Whenever the President shall have issued a
    proclamation under the authority of section 1(a) it shall
    thereafter be unlawful for any citizen of the United States to
    travel on any vessel of any state named in such proclamation,
    except in accordance with such rules and regulations as may be
    prescribed.
    ---------------------------------------------------------------------------
        \6\ 22 U.S.C. 445.
    ---------------------------------------------------------------------------
        (b) Whenever any proclamation issued under the authority of
    section 1(a) shall have been revoked with respect to any state
    the provisions of this section shall thereupon cease to apply
    with respect to such state, except as to offenses committed
    prior to such revocation.
        Sec. 6.\7\ * * * [Repealed--1941]
    ---------------------------------------------------------------------------
        \7\ Public Law 77-294 (55 Stat. 764) repealed sec. 6, which
    prohibited the arming of American merchant vessels.
    ---------------------------------------------------------------------------

                             financial transactions

        Sec. 7.\8\ (a) Whenever the President shall have issued a
    proclamation under the authority of section 441(a) of this
    title, it shall thereafter be unlawful for any person within
    the United States to purchase, sell, or exchange bonds,
    securities, or other obligations of the government of any state
    for any person within the United States to purchase, sell, or
    exchange named in such proclamation, or of any political
    subdivision of any such state, or of any person acting for or
    on behalf of the government of any such state, or political
    subdivision thereof, issued after the date of such
    proclamation, or to make any loan or extend any credit (other
    than necessary credits accruing in connection with the
    transmission of telegraph, cable, wireless and telephone
    services) to any such government, political subdivision, or
    person. The provisions of this subsection shall also apply to
    the sale by any person within the United States to any person
    in a state named in any such proclamation of any articles or
    materials listed in a proclamation referred to in or issued
    under the authority of section 12(i).\9\
    ---------------------------------------------------------------------------
        \8\ 22 U.S.C. 447.
        \9\ Sec. 542(a)(12) of the Mutual Security Act of 1954 (Public Law
    83-665; 68 Stat. 861) repealed sec. 12 of this Act.
    ---------------------------------------------------------------------------
        (b) The provisions of this section shall not apply to a
    renewal or adjustment of such indebtedness as may exist on the
    date of such proclamation.
        (c) Whoever shall knowingly violate any of the provisions
    of this section or of any regulations issued thereunder shall,
    upon conviction thereof, be fined not more than $50,000 or
    imprisoned for not more than five years, or both. Should the
    violation be by a corporation, organization, or association,
    each officer or director thereof participating in the violation
    shall be liable to the penalty herein prescribed.
        (d) Whenever any proclamation issued under the authority of
    section 1(a) shall have been revoked with respect to any state
    the provisions of this section shall thereupon cease to apply
    with respect to such state, except as to offenses committed
    prior to such revocation.
        (e) \10\ This section shall not be operative when the
    United States is at war.
    ---------------------------------------------------------------------------
        \10\ Public Law 77-459 (56 Stat. 95) added subsec. (e).
    ---------------------------------------------------------------------------

             solicitation and collection of funds and contributions

        Sec. 8.\11\ (a) Whenever the President shall have issued a
    proclamation under the authority of section 1(a), it shall
    thereafter be unlawful for any person within the United States
    to solicit or receive any contribution for or on behalf of the
    government of any state named in such proclamation or for or on
    behalf of any agent or instrumentality of any such state.
    ---------------------------------------------------------------------------
        \11\ 22 U.S.C. 448.
    ---------------------------------------------------------------------------
        (b) Nothing in this section shall be construed to prohibit
    the solicitation or collection of funds and contributions to be
    used for medical aid and assistance, or for food and clothing
    to relieve human suffering, when such solicitation or
    collection of funds and contributions is made on behalf of and
    for use by any person or organization which is not acting for
    or on behalf of any such government, but all such solicitations
    and collections of funds and contributions shall be in
    accordance with and subject to such rules and regulations as
    may be prescribed.
        (c) Whenever any proclamation issued under the authority of
    section 1(a) shall have been revoked with respect to any state
    the provisions of this section shall thereupon cease to apply
    with respect to such state, except as to offenses committed
    prior to such revocation.

                               american republics

        Sec. 9.\12\ This joint resolution (except section 12) shall
    not apply to any American republic engaged in war against a
    non-American state or states, provided the American republic is
    not cooperating with a non-American state or states in such
    war.
    ---------------------------------------------------------------------------
        \12\ 22 U.S.C. 449.
    ---------------------------------------------------------------------------

                     restrictions on use of american ports

        Sec. 10.\13\ (a) Whenever, during any war in which the
    United States is neutral, the President, or any person
    thereunto authorized by him, shall have cause to believe that
    any vessel, domestic or foreign, whether requiring clearance or
    not, is about to carry out of a port or from the jurisdiction
    of the United States, fuel, men, arms, ammunition, implements
    of war, supplies, dispatches or information to any warship,
    tender, or supply ship of a state named in the proclamation
    issued under the authority of section 1(a), but the evidence is
    not deemed sufficient to justify forbidding the departure of
    the vessel as provided for by section 1, title V, chapter 30,
    of the Act approved June 15, 1917 (40 Stat. 217, 221; U.S.C.,
    1934 edition, title 18, sec. 31),\14\ and if, in the
    President's judgment, such action will serve to maintain peace
    between the United States and foreign states or to protect the
    commercial interests of the United States and its citizens, or
    to promote the security or neutrality of the United States, he
    shall have the power, and it shall be his duty, to require the
    owner, master, or person in command thereof, before departing
    from a port or from the jurisdiction of the United States, to
    give a bond to the United States, with sufficient sureties, in
    such amount as he shall deem proper, conditioned that the
    vessel will not deliver the men, or any fuel, supplies,
    dispatches, information, or any part of the cargo to any
    warship, tender or supply ship of a state named in a
    proclamation issued under the authority of section 1(a).
    ---------------------------------------------------------------------------
        \13\ 22 U.S.C. 550.
        \14\ The Act of June 25, 1948 (63 Stat. 862) repealed 18 U.S.C. 31.
    ---------------------------------------------------------------------------
        (b) If the President, or any person thereunto authorized by
    him, shall find that a vessel, domestic or foreign, in a port
    of the United States, has previously departed from a port or
    from the jurisdiction of the United States during such war and
    delivered men, fuel, supplies, dispatches, information, or any
    part of its cargo to a warship, tender, or supply ship of a
    state named in a proclamation issued under the authority of
    section 1(a), he may prohibit the departure of such vessel
    during the duration of the war.
        (c) Whenever the President shall have issued a proclamation
    under section 1(a) he may, while such proclamation is in
    effect, require the owner, master, or person in command of any
    vessel, foreign or domestic, before departing from the United
    States, to give a bond to the United States, with sufficient
    sureties, in such amount as he shall deem proper, conditioned
    that no alien seaman who arrived on such vessel shall remain in
    the United States for a longer period than that permitted under
    the regulations, as amended from time to time, issued pursuant
    to section 33 of the Immigration Act of February 5, 1917
    (U.S.C., title 8, sec. 168).\15\ Notwithstanding the provisions
    of said section 33, the President may issue such regulations
    with respect to the landing of such seamen as he deems
    necessary to insure their departure either on such vessel or
    another vessel at the expense of such owner, master, or person
    in command.
    ---------------------------------------------------------------------------
        \15\ The Act of June 27, 1952 (66 Stat. 279) repealed 8 U.S.C. 168.
    ---------------------------------------------------------------------------

                     submarines and armed merchant vessels

        Sec. 11.\16\ Whenever, during any war in which the United
    States is neutral, the President shall find that special
    restrictions placed on the use of the ports and territorial
    waters of the United States by the submarines or armed merchant
    vessels of a foreign state will serve to maintain peace between
    the United States and foreign states, or to protect the
    commercial interests of the United States and its citizens, or
    to promote the security of the United States, and shall make
    proclamation thereof, it shall thereafter be unlawful for any
    such submarine or armed merchant vessel to enter a port or the
    territorial waters of the United States or to depart therefrom,
    except under such conditions and subject to such limitations as
    the President may prescribe. Whenever, in his judgment, the
    conditions which have caused him to issue his proclamation have
    ceased to exist, he shall revoke his proclamation and the
    provisions of this section shall thereupon cease to apply,
    except as to offenses committed prior to such revocation.
    ---------------------------------------------------------------------------
        \16\ 22 U.S.C. 451.
    ---------------------------------------------------------------------------
        Sec. 12.\17\ * * * [Repealed--1954]
    ---------------------------------------------------------------------------
        \17\ Sec. 542(a)(12) of the Mutual Security Act of 1954 (Public Law
    83-665; 68 Stat. 861) repealed sec. 12, which established the National
    Munitions Control Board.
    ---------------------------------------------------------------------------

                                  regulations

        Sec. 13.\18\ The President may, from time to time,
    promulgate such rules and regulations, not inconsistent with
    law, as may be necessary and proper to carry out any of the
    provisions of this joint resolution; and he may exercise any
    power or authority conferred on him by this joint resolution
    through such officer or officers, or agency or agencies, as he
    shall direct.
    ---------------------------------------------------------------------------
        \18\ 22 U.S.C. 453.
    ---------------------------------------------------------------------------

                       unlawful use of the american flag

        Sec. 14.\19\ (a) It shall be unlawful for any vessel
    belonging to or operating under the jurisdiction of any foreign
    state to use the flag of the United States thereon, or to make
    use of any distinctive signs or marking, indicating that the
    same is an American vessel.
    ---------------------------------------------------------------------------
        \19\ 22 U.S.C. 454.
    ---------------------------------------------------------------------------
        (b) Any vessel violating the provisions of subsection (a)
    of this section shall be denied for a period of three months
    the right to enter the ports or territorial waters of the
    United States except in cases of force majeure.

                           general penalty provision

        Sec. 15.\20\ In every case of the violation of any of the
    provisions of this joint resolution or of any rule or
    regulation issued pursuant thereto where a specific penalty is
    not herein provided, such violator or violators, upon
    conviction, shall be fined not more than $10,000, or imprisoned
    not more than two years, or both.
    ---------------------------------------------------------------------------
        \20\ 22 U.S.C. 455.
    ---------------------------------------------------------------------------

                                  definitions

        Sec. 16.\21\ For the purposes of this joint resolution--
    ---------------------------------------------------------------------------
        \21\ 22 U.S.C. 456.
    ---------------------------------------------------------------------------
        (a) The term ``United States'', when used in a geographical
    sense, includes the several States and Territories, the insular
    possessions of the United States,\22\ the Canal Zone, and the
    District of Columbia.
    ---------------------------------------------------------------------------
        \22\ Pursuant to the authority of Presidential Proclamation 2695,
    July 4, 1946 (11 F.R. 7517; 60 Stat. 1352), the words ``(including the
    Philippine Islands)'' were struck out at this point.
    ---------------------------------------------------------------------------
        (b) The term ``person'' includes a partnership, company,
    association, or corporation, as well as a natural person.
        (c) The term ``vessel'' means every description of
    watercraft and aircraft capable of being used as a means of
    transportation on, under, or over water.
        (d) The term ``American vessel'' means any vessel
    documented, and any aircraft registered or licensed, under the
    laws of the United States.
        (e) The term ``state'' shall include nation, government,
    and country.
        (f) The term ``citizen'' shall include any individual owing
    allegiance to the United States, a partnership, company, or
    association composed in whole or in part of citizens of the
    United States, and any corporation organized and existing under
    the laws of the United States as defined in subsection (a) of
    this section.

                           separability of provisions

        Sec. 17. If any of the provisions of this joint resolution,
    or the application thereof to any person or circumstance, is
    held invalid, the remainder of the joint resolution, and the
    application of such provision to other persons or
    circumstances, shall not be affected thereby.

                                 appropriations

        Sec. 18.\23\ There is hereby authorized to be appropriated
    from time to time, out of any money in the Treasury not
    otherwise appropriated, such amounts as may be necessary to
    carry out the provisions and accomplish the purposes of this
    joint resolution.
    ---------------------------------------------------------------------------
        \23\ 22 U.S.C. 457.
    ---------------------------------------------------------------------------

                                    repeals

        Sec. 19. The joint resolution of August 31, 1935, as
    amended, and the joint resolution of January 8, 1937, are
    hereby repealed; but offenses committed and penalties,
    forfeitures, or liabilities incurred under either of such joint
    resolutions prior to the date of enactment of this joint
    resolution may be prosecuted and punished, and suits and
    proceedings for violations of either of such joint resolutions
    or of any rule or regulation issued pursuant thereto may be
    commenced and prosecuted, in the same manner and with the same
    effect as if such joint resolutions had not been repealed.

                                  short title

        Sec. 20. This joint resolution may be cited as the
    ``Neutrality Act of 1939''.
                        b. Enlistment in Foreign Service

                        Title 18, United States Code\1\

    Sec. 959. Enlistment in foreign service

        (a) Whoever, within the United States, enlists or enters
    himself, or hires or retains another to enlist or enter
    himself, or to go beyond the jurisdiction of the United States
    with intent to be enlisted or entered in the service of any
    foreign prince, state, colony, district, or people as a soldier
    or as a marine or seaman on board any vessel of war, letter of
    marque, or privateer, shall be fined under this title \2\ or
    imprisoned not more than three years, or both.
    ---------------------------------------------------------------------------
        \1\ Sec. 959 was enacted as part of Public Law 80-772 (62 Stat.
    745).
        \2\ Sec. 330016(1)(H) of Public Law 103-322 (108 Stat. 2147) struck
    out ``not more than $1,000'' and inserted in lieu thereof ``under this
    title''.
    ---------------------------------------------------------------------------
        (b) This section shall not apply to citizens or subjects of
    any country engaged in war with a country with which the United
    States is at war, unless such citizen or subject of such
    foreign country shall hire or solicit a citizen of the United
    States to enlist or go beyond the jurisdiction of the United
    States with intent to enlist or enter the service of a foreign
    country. Enlistments under this subsection shall be under
    regulations prescribed by the Secretary of the Army.
        (c) This section and sections 960 and 961 of this title
    shall not apply to any subject or citizen of any foreign
    prince, state, colony, district, or people who is transiently
    within the United States and enlists or enters himself on board
    any vessel of war, letter of marque, or privateer, which at the
    time of its arrival within the United States was fitted and
    equipped as such or hires or retains another subject or citizen
    of the same foreign prince, state, colony, district, or people
    who is transiently within the United States to enlist or enter
    himself to serve such foreign prince, state, colony, district,
    or people on board such vessel of war, letter of marque, or
    privateer, if the United States shall then be at peace with
    such foreign prince, state, colony, district, or people.
     c. Expedition Against Friendly Nation--Arming Vessel Against Friendly
                                     Nation

                        Title 18, United States Code\1\

    Sec. 960. Expedition against friendly nation

        Whoever, within the United States, knowingly begins or sets
    on foot or provides or prepares a means for or furnishes the
    money for, or takes part in, any military or naval expedition
    or enterprise to be carried on from thence against the
    territory or dominion of any foreign prince or state, or of any
    colony, district, or people with whom the United States is at
    peace, shall be fined under this title \2\ or imprisoned not
    more than three years, or both.
    ---------------------------------------------------------------------------
        \1\ Secs. 960 and 962 were enacted as part of Public Law 80-772 (62
    Stat. 745).
        \2\ Sec. 330016(1)(J) of Public Law 103-322 (108 Stat. 2147) struck
    out ``not more than $3,000'' and inserted in lieu thereof ``under this
    title''.
    ---------------------------------------------------------------------------
              * * * * * * *

    Sec. 962. Arming vessel against friendly nation

        Whoever, within the United States, furnishes, fits out,
    arms, or attempts to furnish, fit out or arm, any vessel, with
    intent that such vessel shall be employed in the service of any
    foreign prince, or state, or of any colony, district, or
    people, to cruise, or commit hostilities against the subjects,
    citizens, or property of any foreign prince or state, or of any
    colony, district, or people with whom the United States is at
    peace; or
        Whoever issues or delivers a commission within the United
    States for any vessel, to the intent that she may be so
    employed--
        Shall be fined under this title \3\ or imprisoned not more
    than three years, or both.
    ---------------------------------------------------------------------------
        \3\ Sec. 330016(1)(L) of Public Law 103-322 (108 Stat. 2147) struck
    out ``fined not more than 10,000'' and inserted in lieu thereof ``fined
    under this title''.
    ---------------------------------------------------------------------------
        Every such vessel, her tackle, apparel, and furniture,
    together with all materials, arms, ammunition, and stores which
    may have been procured for the building and equipment thereof,
    shall be forfeited, one half to the use of the informer and the
    other half to the use of the United States.
                d. Strengthening Armed Vessel of Foreign Nation

                        Title 18, United States Code\1\

    Sec. 961. Strengthening armed vessel of foreign nation

        Whoever, within the United States, increases or augments
    the force of any ship of war, cruiser, or other armed vessel
    which, at the time of her arrival within the United States, was
    a ship of war, or cruiser, or armed vessel, in the service of
    any foreign prince or state, or of any colony, district, or
    people, or belonging to the subjects or citizens of any such
    prince or state, colony, district, or people, the same being at
    war with any foreign prince or state, or of any colony,
    district, or people, with whom the United States is at peace,
    by adding to the number of the guns of such vessel, or by
    changing those on board of her for guns of a larger caliber, or
    by adding thereto any equipment solely applicable to war, shall
    be fined under this title \2\ or imprisoned not more than one
    year, or both.
    ---------------------------------------------------------------------------
        \1\ Sec. 961 was enacted as part of Public Law 80-772 (62 Stat.
    745).
        \2\ Sec. 330016(1)(H) of Public Law 103-322 (108 Stat. 2147) struck
    out ``fined not more than 1,000'' and inserted in lieu thereof ``fined
    under this title''.
                        7. National Security Act of 1947

    Partial text of Public Law 80-253 [S. 758], 61 Stat. 495, approved July
       26, 1947; as amended by Public Law 81-216, 63 Stat. 578, approved
    August 10, 1949; Public Law 82-165, 65 Stat. 373, approved October 10,
    1951; Public Law 99-169 [Intelligence Authorization Act for Fiscal Year
    1986; H.R. 2419], 99 Stat. 1002, approved December 4, 1985; Public Law
    99-433, [Department of Defense Reorganization Act of 1986; H.R. 3622],
    100 Stat. 992, approved October 1, 1986; Public Law 99-500 [Continuing
     Appropriations for Fiscal Year 1987; H.J. Res. 738], 100 Stat. 1783,
          approved October 18, 1986; Public Law 99-569 [Intelligence
      Authorization Act for Fiscal Year 1987; H.R. 4759], 100 Stat. 3190,
     approved October 27, 1986; Public Law 100-690 [H.R. 5210], 102 Stat.
          4181 at 4182, approved November 18, 1988; Public Law 102-88
    [Intelligence Authorization Act, Fiscal Year 1991; H.R. 1455], approved
    August 14, 1991; Public Law 102-496 [Intelligence Authorization Act for
      Fiscal Year 1993; H.R. 5095], 106 Stat. 3180, approved October 24,
    1992; Public Law 103-160 [National Defense Authorization Act for Fiscal
      Year 1994; H.R. 2410], 107 Stat. 1715, approved November 30, 1993;
      Public Law 103-178 [Intelligence Authorization Act for Fiscal Year
    1994; H.R. 2330], 107 Stat. 2024, approved December 3, 1993; Public Law
      103-359 [Intelligence Authorization Act for Fiscal Year 1995; H.R.
     4299], 108 Stat. 3423, approved October 14, 1994; Public Law 104-201
     [National Defense Authorization Act for Fiscal Year 1997; H.R. 3230],
        110 Stat. 2422, approved September 23, 1996; Public Law 104-293
     [Intelligence Authorization Act for Fiscal Year 1997; H.R. 3259], 110
    Stat. 3461, approved October 11, 1996; Public Law 105-107 [Intelligence
       Authorization Act for Fiscal Year 1998; S. 858], 111 Stat. 2248,
    approved November 20, 1997; Public Law 105-292 [International Religious
     Freedom Act of 1998; H.R. 2431], 112 Stat. 2787, approved October 27,
    1998; Public Law 106-65 [National Defense Authorization Act for Fiscal
     Year 2000; S. 1059], 113 Stat. 512, approved October 5, 1999; Public
    Law 106-120 [Intelligence Authorization Act for Fiscal Year 2000; H.R.
     1555], 113 Stat. 1606, approved December 3, 1999; Public Law 106-567
     [Intelligence Authorization Act for Fiscal Year 2001; H.R. 5630], 114
    Stat. 2831, approved December 27, 2000; Public Law 107-56 [Uniting and
       Strengthening America By Providing Appropriate Tools Required To
     Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001; H.R.
      3162], 115 Stat. 272, approved October 26, 2001; Public Law 107-108
     [Intelligence Authorization Act for Fiscal Year 2002; H.R. 2883], 115
     Stat. 1394, approved December 28, 2001; Public Law 107-296 [Homeland
    Security Act of 2002; H.R. 5005], 116 Stat. 2149, approved November 25,
      2002; Public Law 107-306 [Intelligence Authorization Act for Fiscal
      Year 2003; H.R. 4628], 116 Stat. 2383, approved November 27, 2002;
    Public Law 108-136 [National Defense Authorization Act for Fiscal Year
     2004; H.R. 1588], 117 Stat. 1392, approved November 24, 2003; Public
    Law 108-177 [Intelligence Authorization Act for Fiscal Year 2004; H.R.
     2417], 117 Stat. 2599, approved December 13, 2003; and Public Law 108-
       458 [Intelligence Reform and Terrorism Prevention Act of 2004; S.
               2845], 118 Stat. 3638, approved December 17, 2004

    AN ACT To promote the national security by providing for a Secretary of
    Defense; for a National Military Establishment; for a Department of the
    Army, a Department of the Navy, and a Department of the Air Force; and
        for the coordination of the activities of the National Military
      Establishment with other departments and agencies of the Government
                     concerned with the national security.

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

                                  short title

        That this Act may be cited as the ``National Security Act
    of 1947''.

                      congressional declaration of purpose

        Sec. 2.\1\ In enacting this legislation, it is the intent
    of Congress to provide a comprehensive program for the future
    security of the United States; to provide for the establishment
    of integrated policies and procedures for the departments,
    agencies, and functions of the Government relating to the
    national security; to provide a Department of Defense,
    including the three military Departments of the Army, the Navy
    (including naval aviation and the United States Marine Corps),
    and the Air Force under the direction, authority, and control
    of the Secretary of Defense; to provide that each military
    department shall be separately organized under its own
    Secretary and shall function under the direction, authority,
    and control of the Secretary of Defense; to provide for their
    unified direction under civilian control of the Secretary of
    Defense but not to merge these departments or services; to
    provide for the establishment of unified or specified combatant
    commands, and a clear and direct line of command to such
    commands; to eliminate unnecessary duplication in the
    Department of Defense, and particularly in the field of
    research and engineering by vesting its overall direction and
    control in the Secretary of Defense; to provide more effective,
    efficient, and economical administration in the Department of
    Defense; to provide for the unified strategic direction of the
    combatant forces, for their operation under unified command,
    and for their integration into an efficient team of land,
    naval, and air forces but not to establish a single Chief of
    Staff over the armed forces nor an overall armed forces general
    staff.
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 401. Sec. 412 of the Act of August 10, 1949 (63 Stat.
    579) amended and restated sec. 2. Sec. 2 of Public Law 85-599 (72 Stat.
    514) further amended and restated sec. 2.
    ---------------------------------------------------------------------------

                                  definitions

        Sec. 3.\2\ As used in this Act--
    ---------------------------------------------------------------------------
        \2\ 50 U.S.C. 401a. Added by sec. 702 of Public Law 102-496 (106
    Stat. 3188).
    ---------------------------------------------------------------------------
              (1) The term ``intelligence'' includes foreign
            intelligence and counterintelligence.
              (2) The term `foreign intelligence'' means
            information relating to the capabilities, intentions,
            or activities of foreign governments or elements
            thereof, foreign organizations, or foreign persons, or
            international terrorist activities.\3\
    ---------------------------------------------------------------------------
        \3\ Sec. 902(1) of Public Law 107-56 (115 Stat. 387) added ``, or
    international terrorist activities''.
    ---------------------------------------------------------------------------
              (3) The term ``counterintelligence'' means
            information gathered, and activities conducted,\4\ to
            protect against espionage, other intelligence
            activities, sabotage, or assassinations conduct by or
            on behalf of foreign governments or elements thereof,
            foreign organizations, or foreign persons, or
            international terrorist activities.
    ---------------------------------------------------------------------------
        \4\ Sec. 902(2) of Public Law 107-56 (115 Stat. 387) struck out
    ``and activities conducted'' and inserted in lieu thereof ``, and
    activities conducted,''.
    ---------------------------------------------------------------------------
              (4) \5\ The term ``intelligence community'' includes
            the following:
    ---------------------------------------------------------------------------
        \5\ Sec. 1073 of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (Public Law 108-458; 118 Stat. 3693) amended and restated
    para. (4). Previously, para. (4) was amended by sec. 501(a)(1) of
    Public Law 103-359 (108 Stat. 3428), sec. 1122(b)(1) of Public Law 104-
    201 (110 Stat. 2687), sec. 105 of Public Law 107-108 (115 Stat. 1397),
    sec. 921(e)(1) of the National Defense Authorization Act for Fiscal
    Year 2004 (Public Law 108-136; 117 Stat. 1569), and sec. 105(d)(1) of
    the Intelligence Authorization Act for Fiscal Year 2004 (Public Law
    108-177; 117 Stat. 2603).
    ---------------------------------------------------------------------------
                      (A) The Office of the Director of National
                    Intelligence.
                      (B) The Central Intelligence Agency.
                      (C) The National Security Agency.
                      (D) The Defense Intelligence Agency.
                      (E) The National Geospatial-Intelligence
                    Agency.
                      (F) The National Reconnaissance Office.
                      (G) Other offices within the Department of
                    Defense for the collection of specialized
                    national intelligence through reconnaissance
                    programs.
                      (H) The intelligence elements of the Army,
                    the Navy, the Air Force, the Marine Corps, the
                    Federal Bureau of Investigation, and the
                    Department of Energy.
                      (I) The Bureau of Intelligence and Research
                    of the Department of State.
                      (J) The Office of Intelligence and Analysis
                    of the Department of the Treasury.
                      (K) The elements of the Department of
                    Homeland Security concerned with the analysis
                    of intelligence information, including the
                    Office of Intelligence of the Coast Guard.
                      (L) Such other elements of any other
                    department or agency as may be designated by
                    the President, or designated jointly by the
                    Director of National Intelligence and the head
                    of the department or agency concerned, as an
                    element of the intelligence community.
              (5) \6\ The terms ``national intelligence'' and
            ``intelligence related to national security'' refer to
            all intelligence, regardless of the source from which
            derived and including information gathered within or
            outside the United States, that--
    ---------------------------------------------------------------------------
        \6\ Sec. 1012 of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (Public Law 108-458; 118 Stat. 3662) amended and restated
    para. (5). It previously read as follows:
    ---------------------------------------------------------------------------

      ``(5) The terms `national intelligence' and `intelligence related to the
    national security'--

      ``(A) each refer to intelligence which pertains to the interests of more
    than one department or agency of the Government; and

      ``(B) do not refer to counterintelligence or law enforcement activities
    conducted by the Federal Bureau of Investigation except to the extent
    provided for in procedures agreed to by the Director of Central
    Intelligence and the Attorney General, or otherwise as expressly provided
    for in this title.''

                      (A) pertains, as determined consistent with
                    any guidance issued by the President, to more
                    than one United States Government agency; and
                      (B) that involves--
                              (i) threats to the United States, its
                            people, property, or interests;
                              (ii) the development, proliferation,
                            or use of weapons of mass destruction;
                            or
                              (iii) any other matter bearing on
                            United States national or homeland
                            security.
              (6) The term ``National \7\ Intelligence Program''
            refers to all programs, projects, and activities of the
            intelligence community, as well as any other programs
            of the intelligence community designated jointly by the
            Director of Central Intelligence and the head of a
            United States department of agency or by the President.
            Such term does not include programs, projects, or
            activities of the military departments to acquire
            intelligence solely for the planning and conduct of
            tactical military operations by United States Armed
            Forces.
    ---------------------------------------------------------------------------
        \7\ Sec. 1074(a) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3693) struck out
    ``Foreign'' that previously appeared at this point.
    ---------------------------------------------------------------------------
              (7) \8\ The term ``congressional intelligence
            committees'' means--
    ---------------------------------------------------------------------------
        \8\ Sec. 353(a) of Public Law 107-306 (116 Stat. 2401) added para.
    (7).
    ---------------------------------------------------------------------------
                      (A) the Select Committee on Intelligence of
                    the Senate; and
                      (B) the Permanent Select Committee on
                    Intelligence of the House of Representatives.

                  TITLE I--COORDINATION FOR NATIONAL SECURITY

                           national security council

        Sec. 101.\9\ (a) Establishment; presiding officer;
    functions; composition
    ---------------------------------------------------------------------------
        \9\ 50 U.S.C. 402.

        There is established a council to be known as the National
    Security Council (hereinafter in this section referred to as
    the ``Council'').
        The President of the United States shall preside over
    meetings of the Council: Provided, That in his absence he may
    designate a member of the Council to preside in his place.
        The function of the Council shall be to advise the
    President with respect to the integration of domestic, foreign,
    and military policies relating to the national security so as
    to enable the military services and the other departments and
    agencies of the Government to cooperate more effectively in
    matters involving the national security.
        The Council shall be composed of--
              (1) the President;
              (2) the Vice-President; \10\
    ---------------------------------------------------------------------------
        \10\ The National Security Act Amendments of 1949 (Public Law 81-
    216; 63 Stat. 578) made the Vice President a member of the Council.
    ---------------------------------------------------------------------------
              (3) the Secretary of State;
              (4) the Secretary of Defense;
              (5) the Director for Mutual Security; \11\
    ---------------------------------------------------------------------------
        \11\ The Mutual Security Act of 1951 (Public Law 82-165; 65 Stat.
    373) made the Director for Mutual Security a member of the Council. The
    Chairman of the National Security Resources Board was a member under
    the original Act. Both positions and their function with respect to
    being a member of the National Security Council were abolished in 1953.
    ---------------------------------------------------------------------------
              (6) the Chairman of the National Security Resources
            Board; \11\ and
              (7) the Secretaries and Under Secretaries of other
            executive departments and of the military
            departments,\12\ the Chairman of the Munitions Board
            and the Chairman of the Research and Development
            Board,\13\ when appointed by the President by and with
            the advice and consent of the Senate, to serve at his
            pleasure.
    ---------------------------------------------------------------------------
        \12\ The Secretaries of the Army, Navy and Air Force were members
    under the 1947 Act. The National Security Act Amendments of 1949
    (Public Law 81-216; 63 Stat. 578) abolished their memberships.
        \13\ Sec. 2 of Reorganization Plan No. 6 of 1953 (5 U.S.C. App; 67
    Stat. 638) abolished the Munitions Board and the Research and
    Development Board, together with their respective offices of the
    Chairman. All functions of each board were transferred to the Secretary
    of Defense.
    ---------------------------------------------------------------------------
        (b) Additional Functions.
        In addition to performing such other functions as the
    President may direct, for the purpose of more effectively
    coordinating the policies and functions of the departments and
    agencies of the Government relating to the national security,
    it shall, subject to the direction of the President, be the
    duty of the Council--
              (1) to assess and appraise the objectives,
            commitments, and risks of the United States in relation
            to our actual and potential military power, in the
            interest of national security, for the purpose of
            making recommendations to the President in connection
            therewith; and
              (2) to consider policies on matters of common
            interest to the departments and agencies of the
            Government concerned with the national security, and to
            make recommendations to the President in connection
            therewith.
        (c) Executive Secretary; appointment and compensation:
    staff employees
        The Council shall have a staff to be headed by a civilian
    executive secretary who shall be appointed by the President.
    The executive secretary, subject to the direction of the
    Council, is authorized, subject to the civil-service laws and
    Chapter 51 and subchapter III of chapter 53 of Title 5, to
    appoint and fix the compensation of such personnel as may be
    necessary to perform such duties as may be prescribed by the
    Council in connection with the performance of its functions.
        (d) Recommendations and Reports
        The Council shall, from time to time, make such
    recommendations, and such other reports to the President as it
    deems appropriate or as the President may require.
        (e) \14\ The Chairman (or in his absence the Vice Chairman)
    of the Joint Chiefs of Staff may, in his role as principal
    military adviser to the National Security Council and subject
    to the direction of the President, attend and participate in
    meetings of the National Security Council.
    ---------------------------------------------------------------------------
        \14\ Sec. 203 of the DOD Reorganization Act of 1986 (Public Law 99-
    433; 100 Stat. 1011) added subsec. (e).
    ---------------------------------------------------------------------------
        (f) \15\ The Director of National Drug Control Policy may,
    in the role of the Director as principal adviser to the
    National Security Council on national drug control policy, and
    subject to the direction of the President, attend and
    participate in meetings of the National Security Council.
    ---------------------------------------------------------------------------
        \15\ Sec. 1003 of the Anti-Drug Abuse Act of 1988 (Public Law 100-
    690; 102 Stat. 4182) added subsec. (f). Sec. 1009 of Public Law 100-690
    (102 Stat. 4188), however, provided that this amendment would be
    repealed automatically 5 years after the date of enactment, or 1993.
    Sec. 713(b) of Public Law 105-277 (112 Stat. 2681-693) redesignated
    subsec. (f) as subsec. (g), and added a new subsec. (f).
    ---------------------------------------------------------------------------
        (g) \16\ The President shall establish within the National
    Security Council a board to be known as the ``Board for Low
    Intensity Conflict''. The principal function of the board shall
    be to coordinate the policies of the United States for low
    intensity conflict.
    ---------------------------------------------------------------------------
        \16\ Originally added as subsec. (f) by Public Law 99-500 (100
    Stat. 1783-82) (see also Public Law 99-591 at 100 Stat. 3341-82, and
    Public Law 99-661 at 100 Stat. 3986); redesignated as subsec. (g) by
    sec. 1003(a)(3) of Public Law 100-690 (102 Stat. 4182), effective
    January 21, 1989.
    ---------------------------------------------------------------------------
        (h) \17\ (1) There is established within the National
    Security Council a committee to be known as the Committee on
    Foreign Intelligence (in this subsection referred to as the
    ``Committee'').
    ---------------------------------------------------------------------------
        \17\ Sec. 801(2) of Public Law 104-293 (110 Stat. 3474) added
    subsec. (h).
    ---------------------------------------------------------------------------
              (2) The Committee shall be composed of the following:
                      (A) The Director of National
                    Intelligence.\18\
    ---------------------------------------------------------------------------
        \18\ Sec. 1071(a) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3693) struck out
    ``Director of Central Intelligence'' and inserted in lieu thereof
    ``Director of National Intelligence''.
    ---------------------------------------------------------------------------
                      (B) The Secretary of State.
                      (C) The Secretary of Defense.
                      (D) The Assistant to the President for
                    National Security Affairs, who shall serve as
                    the chairperson of the Committee.
                      (E) Such other members as the President may
                    designate.
              (3) The function of the Committee shall be to assist
            the Council in its activities by--
                      (A) identifying the intelligence required to
                    address the national security interests of the
                    United States as specified by the President;
                      (B) establishing priorities (including
                    funding priorities) among the programs,
                    projects, and activities that address such
                    interests and requirements; and
                      (C) establishing policies relating to the
                    conduct of intelligence activities of the
                    United States, including appropriate roles and
                    missions for the elements of the intelligence
                    community and appropriate targets of
                    intelligence collection activities.
              (4) In carrying out its function, the Committee
            shall--
                      (A) conduct an annual review of the national
                    security interests of the United States;
                      (B) identify on an annual basis, and at such
                    other times as the Council may require, the
                    intelligence required to meet such interests
                    and establish an order of priority for the
                    collection and analysis of such intelligence;
                    and
                      (C) conduct an annual review of the elements
                    of the intelligence community in order to
                    determine the success of such elements in
                    collecting, analyzing, and disseminating the
                    intelligence identified under subparagraph (B).
              (5) The Committee shall submit each year to the
            Council and to the Director of National Intelligence
            \18\ a comprehensive report on its activities during
            the preceding year, including its activities under
            paragraphs (3) and (4).
        (i) \19\ (1) There is established within the National
    Security Council a committee to be known as the Committee on
    Transnational Threats (in this subsection referred to as the
    ``Committee'').
    ---------------------------------------------------------------------------
        \19\ Sec. 804 of Public Law 104-293 (110 Stat. 3476) added subsec.
    (i).
    ---------------------------------------------------------------------------
        (2) The Committee shall include the following members:
              (A) The Director of National Intelligence.\18\
              (B) The Secretary of State.
              (C) The Secretary of Defense.
              (D) The Attorney General.
              (E) The Assistant to the President for National
            Security Affairs, who shall serve as the chairperson of
            the Committee.
              (F) Such other members as the President may
            designate.
        (3) The function of the Committee shall be to coordinate
    and direct the activities of the United States Government
    relating to combatting transnational threats.
        (4) In carrying out its function, the Committee shall--
              (A) identify transnational threats;
              (B) develop strategies to enable the United States
            Government to respond to transnational threats
            identified under subparagraph (A);
              (C) monitor implementation of such strategies;
              (D) make recommendations as to appropriate responses
            to specific transnational threats;
              (E) assist in the resolution of operational and
            policy differences among Federal departments and
            agencies in their responses to transnational threats;
              (F) develop policies and procedures to ensure the
            effective sharing of information about transnational
            threats among Federal departments and agencies,
            including law enforcement agencies and the elements of
            the intelligence community; and
              (G) develop guidelines to enhance and improve the
            coordination of activities of Federal law enforcement
            agencies and elements of the intelligence community
            outside the United States with respect to transnational
            threats.
        (5) For purposes of this subsection, the term
    ``transnational threat'' means the following:
              (A) Any transnational activity (including
            international terrorism, narcotics trafficking, the
            proliferation of weapons of mass destruction and the
            delivery systems for such weapons, and organized crime)
            that threatens the national security of the United
            States.
              (B) Any individual or group that engages in an
            activity referred to in subparagraph (A).
        (j) \20\ The Director of National Intelligence \18\ (or, in
    the Director's absence, the Principal Deputy Director of
    National Intelligence) \21\ may, in the performance of the
    Director's duties under this Act and subject to the direction
    of the President, attend and participate in meetings of the
    National Security Council.
    ---------------------------------------------------------------------------
        \20\ Sec. 703 of Public Law 102-496 (106 Stat. 3189) added subsec.
    (h), redesignated as subsec. (j) by sec. 802(1) of Public Law 104-293
    (110 Stat. 3474).
        \21\ Sec. 1072(a)(1) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3693) struck out
    ``Deputy Director of Central Intelligence'' and inserted in lieu
    thereof ``Principal Deputy Director of National Intelligence''.
    ---------------------------------------------------------------------------
        (i) \22\ It is the sense of the Congress that there should
    be within the staff of the National Security Council a Special
    Adviser to the President on International Religious Freedom,
    whose position should be comparable to that of a director
    within the Executive Office of the President. The Special
    Adviser should serve as a resource for executive branch
    officials, compiling and maintaining information on the facts
    and circumstances of violations of religious freedom (as
    defined in section 3 of the International Religious Freedom Act
    of 1998), and making policy recommendations. The Special
    Adviser should serve as liaison with the Ambassador at Large
    for International Religious Freedom, the United States
    Commission on International Religious Freedom, Congress and, as
    advisable, religious nongovernmental organizations.
    ---------------------------------------------------------------------------
        \22\ Should be designated as subsec. (k). Sec. 301 of Public Law
    105-292 (112 Stat. 2800) added it as subsec. (i).
    ---------------------------------------------------------------------------
        Sec. 101A.\23\ (a) Joint Intelligence Community Council.--
    There is a Joint Intelligence Community Council.
    ---------------------------------------------------------------------------
        \23\ 50 U.S.C. 402-1. Sec. 1031 of the Intelligence Reform and
    Terrorism Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3677)
    added sec. 101A.
    ---------------------------------------------------------------------------
        (b) Membership.--The Joint Intelligence Community Council
    shall consist of the following:
              (1) The Director of National Intelligence, who shall
            chair the Council.
              (2) The Secretary of State.
              (3) The Secretary of the Treasury.
              (4) The Secretary of Defense.
              (5) The Attorney General.
              (6) The Secretary of Energy.
              (7) The Secretary of Homeland Security.
              (8) Such other officers of the United States
            Government as the President may designate from time to
            time.
        (c) Functions.--The Joint Intelligence Community Council
    shall assist the Director of National Intelligence in
    developing and implementing a joint, unified national
    intelligence effort to protect national security by--
              (1) advising the Director on establishing
            requirements, developing budgets, financial management,
            and monitoring and evaluating the performance of the
            intelligence community, and on such other matters as
            the Director may request; and
              (2) ensuring the timely execution of programs,
            policies, and directives established or developed by
            the Director.
        (d) Meetings.--The Director of National Intelligence shall
    convene regular meetings of the Joint Intelligence Community
    Council.
        (e) Advice and Opinions of Members Other Than Chairman.--
    (1) A member of the Joint Intelligence Community Council (other
    than the Chairman) may submit to the Chairman advice or an
    opinion in disagreement with, or advice or an opinion in
    addition to, the advice presented by the Director of National
    Intelligence to the President or the National Security Council,
    in the role of the Chairman as Chairman of the Joint
    Intelligence Community Council. If a member submits such advice
    or opinion, the Chairman shall present the advice or opinion of
    such member at the same time the Chairman presents the advice
    of the Chairman to the President or the National Security
    Council, as the case may be.
        (2) The Chairman shall establish procedures to ensure that
    the presentation of the advice of the Chairman to the President
    or the National Security Council is not unduly delayed by
    reason of the submission of the individual advice or opinion of
    another member of the Council.
        (f) Recommendations to Congress.--Any member of the Joint
    Intelligence Community Council may make such recommendations to
    Congress relating to the intelligence community as such member
    considers appropriate.
              * * * * * * *

                    annual national security strategy report

        Sec. 108.\24\ (a)(1) The President shall transmit to
    Congress each year a comprehensive report on the national
    security strategy of the United States (hereinafter in this
    section referred to as a ``national security strategy
    report'').
    ---------------------------------------------------------------------------
        \24\ 50 U.S.C. 404a.  Sec. 603 of Public Law 99-433 (100 Stat.
    1074) added sec. 108, originally as sec. 104. Sec. 705(a)(2) of Public
    Law 102-496 (106 Stat. 3190) redesignated sec. 104 as sec. 108.
    ---------------------------------------------------------------------------
        (2) The national security strategy report for any year
    shall be transmitted on the date on which the President submits
    to Congress the budget for the next fiscal year under section
    1105 of title 31, United States Code.
        (3) \25\ Not later than 150 days after the date on which a
    new President takes office, the President shall transmit to
    congress a national security strategy report under this
    section. That report shall be in addition to the report for
    that year transmitted at the time specified in paragraph (2).
    ---------------------------------------------------------------------------
        \25\ Sec. 901(b) of Public Law 106-65 (113 Stat. 717) added para.
    (3).
    ---------------------------------------------------------------------------
        (b) Each national security strategy report shall set forth
    the national security strategy of the United States and shall
    include a comprehensive description and discussion of the
    following:
              (1) The worldwide interests, goals, and objectives of
            the United States that are vital to the national
            security of the United States.
              (2) The foreign policy, worldwide commitments, and
            national defense capabilities of the United States
            necessary to deter aggression and to implement the
            national security strategy of the United States.
              (3) The proposed short-term and long-term uses of the
            political, economic, military, and other elements of
            the national power of the United States to protect or
            promote the interests and achieve the goals and
            objectives referred to in paragraph (1).
              (4) The adequacy of the capabilities of the United
            States to carry out the national security strategy of
            the United States, including an evaluation of the
            balance among the capabilities of all elements of the
            national power of the United States to support the
            implementation of the national security strategy.
              (5) Such other information as may be necessary to
            help inform Congress on matters relating to the
            national security strategy of the United States.
        (c) Each national security strategy report shall be
    transmitted in both a classified and an unclassified form.

                       annual report on intelligence \26\

        Sec. 109.\27\ (a) In General.--(1) \28\ (A) Not later each
    year than the date provided in section 507, the President shall
    submit to the congressional intelligence committees a report on
    the requirements of the United States for intelligence and the
    activities of the intelligence community.
    ---------------------------------------------------------------------------
        \26\ Sec. 803(b) of Public Law 104-293 (110 Stat. 3476) struck out
    ``community activities'' following ``intelligence'' in the section
    catchline.
        \27\ 50 U.S.C. 404d. Sec. 304(a) of the Intelligence Authorization
    Act for Fiscal Year 1994 (Public Law 103-178; 107 Stat. 2034) added
    sec. 109. Sec. 803(a) of Public Law 104-293 (110 Stat. 3475) amended
    and restated subsecs. (a) and (b), and added a new subsec. (c) relating
    to definitions, resulting in two subsecs. (c). Subsequently, sec.
    811(b) of Public Law 107-306 (116 Stat. 2422) struck out the second
    subsec. (c), which had read as follow:
        ``(c) Time for Submission.--The report under this section for any
    year shall be submitted at the same time that the President submits the
    budget for the next fiscal year pursuant to section 1105 of title 31,
    United States Code.''.
        \28\ Sec. 811(b) of Public Law 107-306 (116 Stat. 2422) amended and
    restated para. (1). It formerly read as follows:
        ``(1) Not later than January 31 each year, the President shall
    submit to the appropriate congressional committees a report on the
    requirements of the United States for intelligence and the activities
    of the intelligence community.''.
    ---------------------------------------------------------------------------
        (B) Not later than January 31 each year, and included with
    the budget of the President for the next fiscal year under
    section 1105(a) of title 31 United States Code, the President
    shall submit to the appropriate congressional committees the
    report described in subparagraph (A).
        (2) The purpose of the report is to facilitate an
    assessment of the activities of the intelligence community
    during the preceding fiscal year and to assist in the
    development of a mission and a budget for the intelligence
    community for the fiscal year beginning in the year in which
    the report is submitted.
        (3) The report shall be submitted in unclassified form, but
    may include a classified annex.
        (b) \27\ Matters Covered.--(1) Each report under subsection
    (a) shall--
              (A) specify the intelligence required to meet the
            national security interests of the United States, and
            set forth an order of priority for the collection and
            analysis of intelligence required to meet such
            interests, for the fiscal year beginning in the year in
            which the report is submitted; and
              (B) evaluate the performance of the intelligence
            community in collecting and analyzing intelligence
            required to meet such interests during the fiscal year
            ending in the year preceding the year in which the
            report is submitted, including a description of the
            significant successes and significant failures of the
            intelligence community in such collection and analysis
            during that fiscal year.
        (2) The report shall specify matters under paragraph (1)(A)
    in sufficient detail to assist Congress in making decisions
    with respect to the allocation of resources for the matters
    specified.
        (c) \27\ Definition.--In this section, the term
    ``appropriate congressional committees'' means the following:
              (1) The Committee on Appropriations \29\ and the
            Committee on Armed Services of the Senate.
    ---------------------------------------------------------------------------
        \29\ Sec. 811(b) of Public Law 107-306 (116 Stat. 2422) struck out
    ``The Select Committee on Intelligence, the Committee on
    Appropriations,'' and inserted in lieu thereof ``The Committee on
    Appropriations''.
    ---------------------------------------------------------------------------
              (2) The Committee on Appropriations \30\ and the
            Committee on Armed Services \31\ of the House of
            Representatives.
    ---------------------------------------------------------------------------
        \30\ Sec. 811(b) of Public Law 107-306 (116 Stat. 2422) struck out
    ``The Select Committee on Intelligence, the Committee on
    Appropriations,'' and inserted in lieu thereof ``The Committee on
    Appropriations''.
        \31\ Sec. 1067(16) of Public Law 106-65 (113 Stat. 775) struck out
    ``Committee on National Security'' and inserted in lieu thereof
    ``Committee on Armed Services''.
    ---------------------------------------------------------------------------
              * * * * * * *

          restrictions on intelligence sharing with the united nations

        Sec. 112.\32\ (a) Provision of Intelligence Information to
    the United Nations.--(1) No United States intelligence
    information may be provided to the United Nations or any
    organization affiliated with the United Nations, or to any
    officials or employees thereof, unless the President certifies
    to the appropriate committees of Congress that the Director of
    National Intelligence,\33\ in consultation with the Secretary
    of State and the Secretary of Defense, has established and
    implemented procedures, and has worked with the United Nations
    to ensure implementation of procedures, for protecting from
    unauthorized disclosure United States intelligence sources and
    methods connected to such information.
    ---------------------------------------------------------------------------
        \32\ 50 U.S.C. 404g. Added as sec. 110 by sec. 308(a) of Public Law
    104-293 (110 Stat. 3466). Redesignated as sec. 112 by sec. 303(b) of
    Public Law 105-107 (111 Stat. 2252).
        \33\ Sec. 1071(a) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3689) struck out
    ``Director of Central Intelligence'' and inserted in lieu thereof
    ``Director of National Intelligence.
    ---------------------------------------------------------------------------
        (2) Paragraph (1) may be waived upon written certification
    by the President to the appropriate committees of Congress that
    providing such information to the United Nations or an
    organization affiliated with the United Nations, or to any
    officials or employees thereof, is in the national security
    interests of the United States.
        (b) Annual and Special Reports.\34\--(1) The President
    shall report annually \35\ to the appropriate committees of
    Congress on the types and volume of intelligence provided to
    the United Nations and the purposes for which it was provided
    during the period covered by the report. The President shall
    also report to the appropriate committees of Congress within 15
    days after it has become known to the United States Government
    that there has been an unauthorized disclosure of intelligence
    provided by the United States to the United Nations.
    ---------------------------------------------------------------------------
        \34\ Sec. 361(b)(1) of the Intelligence Authorization Act for
    Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2625) struck out
    ``Periodic'' and inserted in lieu thereof ``Annual'' in the subsec.
    catchline.
        \35\ Sec. 361(b)(2) of the Intelligence Authorization Act for
    Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2625) struck out
    ``semiannually'' and inserted in lieu thereof ``annually''.
    ---------------------------------------------------------------------------
        (2) The requirement for periodic reports under the first
    sentence of paragraph (1) shall not apply to the provision of
    intelligence that is provided only to, and for the use of,
    appropriately cleared United States Government personnel
    serving with the United Nations.
        (3) \36\ In the case of the annual \37\ reports required to
    be submitted under the first sentence of paragraph (1) to the
    congressional intelligence committees, the submittal dates for
    such reports shall be as provided in section 507.
    ---------------------------------------------------------------------------
        \36\ Sec. 811(b)(1)(C) of Public Law 107-306 (116 Stat. 2422) added
    para. (3).
        \37\ Sec. 361(b)(3) of the Intelligence Authorization Act for
    Fiscal Year 2004 (Public Law 108-177; 117 Stat. 2625) struck out
    ``periodic'' and inserted in lieu thereof ``the annual''.
    ---------------------------------------------------------------------------
        (c) Delegation of Duties.--The President may not delegate
    or assign the duties of the President under this section.
        (d) Relationship to Existing Law.--Nothing in this section
    shall be construed to--
              (1) impair or otherwise affect the authority of the
            Director of National Intelligence \33\ to protect
            intelligence sources and methods from unauthorized
            disclosure pursuant to section 103(c)(7) \38\ of this
            Act; or
    ---------------------------------------------------------------------------
        \38\ Sec. 377(a) of the Intelligence Authorization Act for Fiscal
    Year 2004 (Public Law 108-177; 117 Stat. 2630) struck out ``section
    103(c)(6)'' and inserted in lieu thereof ``section 103(c)(7)''.
    Subsequently, sec. 1072(4) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3692) sought to
    strike out ``section 103(c)(6)'' and insert in lieu thereof ``section
    102A(i)''. This latter amendment is not executable, as ``section
    (c)(6)'' is not in the text.
    ---------------------------------------------------------------------------
              (2) supersede or otherwise affect the provisions of
            title V of this Act.
        (e) Definition.--As used in this section, the term
    ``appropriate committees of Congress'' means the Committee on
    Foreign Relations and the Select Committee on Intelligence of
    the Senate and the Committee on Foreign Relations \39\ and the
    Permanent Select Committee on Intelligence of the House of
    Representatives.
    ---------------------------------------------------------------------------
        \39\ As enrolled. Should read ``Committee on International
    Relations'' (and subsequently, ``Committee on Foreign Affairs'').
    ---------------------------------------------------------------------------
              * * * * * * *

      limitation on establishment or operation of diplomatic intelligence
                                support centers

        Sec. 115.\40\ (a) In General.--(1) A diplomatic
    intelligence support center may not be established, operated,
    or maintained without the prior approval of the Director of
    National Intelligence.\41\
    ---------------------------------------------------------------------------
        \40\ 50 U.S.C. 404j. Sec. 303 of the Intelligence Authorization Act
    for Fiscal Year 2000 (Public Law 106-120; 113 Stat. 1610) added sec.
    115.
        \41\ Sec. 1071(a)(1) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3689) struck out
    ``Director of Central Intelligence'' and inserted in lieu thereof
    ``Director of National Intelligence''.
    ---------------------------------------------------------------------------
        (2) The Director may only approve the establishment,
    operation, or maintenance of a diplomatic intelligence support
    center if the Director determines that the establishment,
    operation, or maintenance of such center is required to provide
    necessary intelligence support in furtherance of the national
    security interests of the United States.
        (b) Prohibition of Use of Appropriations.--Amounts
    appropriated pursuant to authorizations by law for intelligence
    and intelligence-related activities may not be obligated or
    expended for the establishment, operation, or maintenance of a
    diplomatic intelligence support center that is not approved by
    the Director of National Intelligence.\41\
        (c) Definitions.--In this section:
              (1) The term ``diplomatic intelligence support
            center'' means an entity to which employees of the
            various elements of the intelligence community (as
            defined in section 3(4)) are detailed for the purpose
            of providing analytical intelligence support that--
                      (A) consists of intelligence analyses on
                    military or political matters and expertise to
                    conduct limited assessments and dynamic
                    taskings for a chief of mission; and
                      (B) is not intelligence support traditionally
                    provided to a chief of mission by the Director
                    of National Intelligence.\41\
              (2) The term ``chief of mission'' has the meaning
            given that term by section 102(3) of the Foreign
            Service Act of 1980 (22 U.S.C. 3902(3)), and includes
            ambassadors at large and ministers of diplomatic
            missions of the United States, or persons appointed to
            lead United States offices abroad designated by the
            Secretary of State as diplomatic in nature.
        (d) Termination.--This section shall cease to be effective
    on October 1, 2000.

              TITLE V--ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

                   general congressional oversight provisions

        Sec. 501.\42\, \43\ (a)(1) The President shall
    ensure that the congressional intelligence committees \44\ are
    kept fully and currently informed of the intelligence
    activities of the United States, including any significant
    anticipated intelligence activity as required by this title.
    ---------------------------------------------------------------------------
        \42\ 50 U.S.C. 413.
        \43\ Sec. 602(a) of Public Law 102-88 (105 Stat. 441) redesignated
    secs. 502 and 503 as secs. 504 and 505, and added new secs. 502 and
    503. Such section further struck out sec. 501 and inserted a new sec.
    501.
        \44\ Sec. 353(b)(3) of Public Law 107-306 (116 Stat. 2402) struck
    out ``intelligence committees'' and inserted in lieu thereof
    ``congressional intelligence committees''.
    ---------------------------------------------------------------------------
        (2) \45\ Nothing in this title shall be construed as
    requiring the approval of the congressional intelligence
    committees \44\ as a condition precedent to the initiation of
    any significant anticipated intelligence activity.
    ---------------------------------------------------------------------------
        \45\ Sec. 353(b)(7) of Public Law 107-306 (116 Stat. 2402) struck
    out para. (2) and redesignated para. (3) as para. (2). Former para. (2)
    defined the term ``congressional intelligence committees'' as ``the
    Select Committee on Intelligence of the Senate and the Permanent Select
    Committee on Intelligence of the House of Representatives''.
    ---------------------------------------------------------------------------
        (b) The President shall ensure that any illegal
    intelligence activity is reported promptly to the congressional
    intelligence committees,\44\ as well as any corrective action
    that has been taken or is planned in connection with such
    illegal activity.
        (c) The President and the congressional intelligence
    committees \44\ shall each establish such procedures as may be
    necessary to carry out the provisions of this title.
        (d) The House of Representatives and the Senate shall each
    establish, by rule or resolution of such House, procedures to
    protect from unauthorized disclosure all classified
    information, and all information relating to intelligence
    sources and methods, that is furnished to the congressional
    intelligence committees \44\ or to Members of Congress under
    this title. Such procedures shall be established in
    consultation with the Director of National Intelligence.\41\ In
    accordance with such procedures, each of the congressional
    intelligence committees \44\ shall promptly call to the
    attention of its respective House, or to any appropriate
    committee or committees of its respective House, any matter
    relating to intelligence activities requiring the attention of
    such House or such committee or committees.
        (e) Nothing in this Act shall be construed as authority to
    withhold information from the congressional intelligence
    committees \44\ on the grounds that providing the information
    to the congressional intelligence committees \44\ would
    constitute the unauthorized disclosure of classified
    information or information relating to intelligence sources and
    methods.
        (f) As used in this section, the term ``intelligence
    activities'' includes covert actions as defined in section
    503(e), and includes financial intelligence activities.\46\
    ---------------------------------------------------------------------------
        \46\ Sec. 342(b) of Public Law 107-306 (116 Stat. 2399) inserted
    ``and includes financial intelligence activities''.
    ---------------------------------------------------------------------------

         reporting of intelligence activities other than covert actions

        Sec. 502.\43\, \47\ (a) \48\ In General.--To the
    extent consistent with due regard for the protection from
    unauthorized disclosure of classified information relating to
    sensitive intelligence sources and methods or other
    exceptionally sensitive matters, the Director of National
    Intelligence \41\ and the heads of all departments, agencies,
    and other entities of the United States Government involved in
    intelligence activities shall--
    ---------------------------------------------------------------------------
        \47\ 50 U.S.C. 413a. Sec. 405 of Public Law 102-88 (105 Stat. 434)
    provided the following:
    ---------------------------------------------------------------------------

    ``sec. 405. furnishing of intelligence information to the senate and house
    select committees on intelligence.
    ---------------------------------------------------------------------------

        ``(a) Furnishing of Specific Information.--In accordance with title
    V of the National Security Act of 1947, the head of any department or
    agency of the United States involved in any intelligence activities
    which may pertain to United States military personnel listed as
    prisoner, missing, or unaccounted for in military actions shall furnish
    any information or documents in the possession, custody, or control of
    the department or agency, or person paid by such department or agency,
    whenever requested by the Permanent Select Committee on Intelligence of
    the House of Representatives or the Select Committee on Intelligence of
    the Senate.
        ``(b) Access by Committees and Members of Congress.--In accordance
    with Senate Resolution 400, Ninety-Fourth Congress, and House
    Resolution 658, Ninety-fifth Congress, the committees named in
    subsection (a) shall, upon request and under such regulations as the
    committees have prescribed to protect the classification of such
    information, make any information described in subsection (a) available
    to any other committee or any other Member of Congress and
    appropriately cleared staff.''.
        \48\ Sec. 305(1) of Public Law 107-108 (115 Stat. 1398) inserted
    ``(a) In General.--''.
    ---------------------------------------------------------------------------
              (1) keep the congressional intelligence committees
            \49\ fully and currently informed of all intelligence
            activities, other than a covert action (as defined in
            section 503(e)), which are the responsibility of, are
            engaged in by, or are carried out for or on behalf of,
            any department, agency, or entity of the United States
            Government, including any significant anticipated
            intelligence activity and any significant intelligence
            failure; and
    ---------------------------------------------------------------------------
        \49\ Sec. 353(b)(3) of Public Law 107-306 (116 Stat. 2402) struck
    out ``intelligence committees'' and inserted in lieu thereof
    ``congressional intelligence committees''.
    ---------------------------------------------------------------------------
              (2) furnish the congressional intelligence committees
            \49\ any information or material concerning
            intelligence activities, other than covert actions,
            which is within their custody or control, and which is
            requested by either of the congressional intelligence
            committees \49\ in order to carry out its authorized
            responsibilities.
        (b) \50\ Form and Contents of Certain Reports.--Any report
    relating to a significant anticipated intelligence activity or
    a significant intelligence failure that is submitted to the
    intelligence committees for purposes of subsection (a)(1) shall
    be in writing, and shall contain the following:
    ---------------------------------------------------------------------------
        \50\ Sec. 305(2) of Public Law 107-108 (115 Stat. 1398) added
    subsecs. (b) and (c).
    ---------------------------------------------------------------------------
              (1) A concise statement of any facts pertinent to
            such report.
              (2) An explanation of the significance of the
            intelligence activity or intelligence failure covered
            by such report.
        (c) \50\ Standards and Procedures for Certain Reports.--The
    Director of National Intelligence,\41\ in consultation with the
    heads of the departments, agencies, and entities referred to in
    subsection (a), shall establish standards and procedures
    applicable to reports covered by subsection (b).

             presidential approval and reporting of covert actions

        Sec. 503.\43\, \51\ (a) The President may not
    authorize the conduct of a covert action by departments,
    agencies, or entities of the United States Government unless
    the President determines such an action is necessary to support
    identifiable foreign policy objectives of the United States and
    is important to the national security of the United States,
    which determination shall be set forth in a finding that shall
    meet each of the following conditions:
    ---------------------------------------------------------------------------
        \51\ 50 U.S.C. 413b.
    ---------------------------------------------------------------------------
              (1) Each finding shall be in writing, unless
            immediate action by the United States is required and
            time does not permit the preparation of a written
            finding, in which case a written record of the
            President's decision shall be contemporaneously made
            and shall be reduced to a written finding as soon as
            possible but in no event more than 48 hours after the
            decision is made.
              (2) Except as permitted by paragraph (1), a finding
            may not authorize or sanction a covert action, or any
            aspect of any such action, which already has occurred.
              (3) Each finding shall specify each department,
            agency, or entity of the United States Government
            authorized to fund or otherwise participate in any
            significant way in such action. Any employee,
            contractor, or contract agent of a department, agency,
            or entity of the United States Government other than
            the Central Intelligence Agency directed to participate
            in any way in a covert action shall be subject either
            to the policies and regulations of the Central
            Intelligence Agency, or to written policies or
            regulations adopted by such department, agency, or
            entity, to govern such participation.
              (4) Each finding shall specify whether it is
            contemplated that any third party which is not an
            element of, or a contractor or contract agent of, the
            United States Government, or is not otherwise subject
            to United States Government policies and regulations,
            will be used to fund or otherwise participate in any
            significant way in the covert action concerned, or be
            used to undertake the covert action concerned on behalf
            of the United States.
              (5) A finding may not authorize any action that would
            violate the Constitution or any statute of the United
            States.
        (b) To the extent consistent with due regard for the
    protection from unauthorized disclosure of classified
    information relating to sensitive intelligence sources and
    methods or other exceptionally sensitive matters, the Director
    of National Intelligence \41\ and the heads of all departments,
    agencies, and entities of the United States Government involved
    in a covert action--
              (1) shall keep the congressional intelligence
            committees \49\ fully and currently informed of all
            covert actions which are the responsibility of, are
            engaged in by, or are carried out for or on behalf of,
            any department, agency, or entity of the United States
            Government, including significant failures; and
              (2) shall furnish to the congressional intelligence
            committees \49\ any information or material concerning
            covert actions which is in the possession, custody, or
            control of any department, agency, or entity of the
            United States Government and which is requested by
            either of the congressional intelligence committees
            \49\ in order to carry out its authorized
            responsibilities.
        (c)(1) The President shall ensure that any finding approved
    pursuant to subsection (a) shall be reported to the
    congressional intelligence committees \49\ as soon as possible
    after such approval and before the initiation of the covert
    action authorized by the finding, except as otherwise provided
    in paragraph (2) and paragraph (3).
        (2) If the President determines that it is essential to
    limit access to the finding to meet extraordinary circumstances
    affecting vital interests of the United States, the finding may
    be reported to the chairmen and ranking minority members of the
    congressional intelligence committees,\49\ the Speaker and
    minority leader of the House of Representatives, the majority
    and minority leaders of the Senate, and such other member or
    members of the congressional leadership as may be included by
    the President.
        (3) Whenever a finding is not reported pursuant to
    paragraph (1) or (2) of this section, the President shall fully
    inform the congressional intelligence committees \49\ in a
    timely fashion and shall provide a statement of the reasons for
    not giving prior notice.
        (4) In a case under paragraph (1), (2), or (3), a copy of
    the finding, signed by the President, shall be provided to the
    chairman of each congressional intelligence committee.\49\ When
    access to a finding is limited to the Members of Congress
    specified in paragraph (2), a statement of the reasons for
    limiting such access shall also be provided.
        (d) The President shall ensure that the congressional
    intelligence committees,\49\ or, if applicable, the Members of
    Congress specified in subsection (c)(2), are notified of any
    significant change in a previously approved covert action, or
    any significant undertaking pursuant to a previously approved
    finding, in the same manner as findings are reported pursuant
    to subsection (c).
        (e) As used in this title, the term ``covert action'' means
    an activity or activities of the United States Government to
    influence political, economic, or military conditions abroad,
    where it is intended that the role of the United States
    Government will not be apparent or acknowledged publicly, but
    does not include--
              (1) activities the primary purpose of which is to
            acquire intelligence, traditional counterintelligence
            activities, traditional activities to improve or
            maintain the operational security of United States
            Government programs, or administrative activities;
              (2) traditional diplomatic or military activities or
            routine support to such activities;
              (3) traditional law enforcement activities conducted
            by United States Government law enforcement agencies or
            routine support to such activities; or
              (4) activities to provide routine support to the
            overt activities (other than activities described in
            paragraph (1), (2), or (3)) of other United States
            Government agencies abroad.
        (f) No covert action may be conducted which is intended to
    influence United States political processes, public opinion,
    policies, or media.

                       funding of intelligence activities

        Sec. 504.\52\ (a) Appropriated funds available to an
    intelligence agency may be obligated or expended for an
    intelligence or intelligence-related activity only if--
    ---------------------------------------------------------------------------
        \52\ 50 U.S.C. 414. Added as sec. 502 by sec. 401(a) of Public Law
    99-169 (99 Stat. 1004), redesignated as sec. 504 by sec. 602(a)(1) of
    Public Law 102-88 (105 Stat. 441). Sec. 8089 of the Department of
    Defense Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1193),
    provided the following:
        ``Sec. 8089. During the current fiscal year and hereafter, none of
    the funds appropriated for intelligence programs to the Department of
    Defense which are transferred to another Federal agency for execution
    shall be expended by the Department of Defense in any fiscal year in
    excess of amounts required for expenditure during such fiscal year by
    the Federal agency to which such funds are transferred.''.
        Sec. 701 of the Intelligence Authorization Act, Fiscal Year 1992
    (Public Law 102-183; 105 Stat. 1270), provided the following:
    ---------------------------------------------------------------------------

    ``sec. 701. sense of congress regarding disclosure of annual intelligence
    budget.
    ---------------------------------------------------------------------------

        ``It is the sense of Congress that, beginning in 1993, and in each
    year thereafter, the aggregate amount requested and authorized for, and
    spent on, intelligence and intelligence-related activities should be
    disclosed to the public in an appropriate manner.''.
        Identical language was contained in sec. 303 of the Intelligence
    Authorization Act, Fiscal Year 1993 (Public Law 102-496; 106 Stat.
    3183).
    ---------------------------------------------------------------------------
              (1) those funds were specifically authorized by the
            Congress for use for such activities; or
              (2) in the case of funds from the reserve for
            Contingencies of the Central Intelligence Agency and
            consistent with the provisions of section 503 \53\ of
            this Act concerning any significant anticipated
            intelligence activity, the Director of the Central
            Intelligence Agency \54\ has notified the appropriate
            congressional committees of the intent to make such
            funds available for such activity; or
    ---------------------------------------------------------------------------
        \53\ Sec. 602(c) of Public Law 102-88 (105 Stat. 444) struck out
    ``section 501'' and inserted in lieu thereof ``section 503''.
        \54\ Sec. 1071(a)(5) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3690) struck out
    ``Director of Central Intelligence'' and inserted in lieu thereof
    ``Director of the Central Intelligence Agency''.
    ---------------------------------------------------------------------------
              (3) in the case of funds specifically authorized by
            the Congress for a different activity--
                      (A) the activity to be funded is a higher
                    priority intelligence or intelligence-related
                    activity;
                      (B) the need for funds for such activity is
                    based on unforeseen requirements; and
                      (C) the Director of National
                    Intelligence,\55\ the Secretary of Defense, or
                    the Attorney General, as appropriate, has
                    notified the appropriate congressional
                    committees of the intent to make such funds
                    available for such activity;
    ---------------------------------------------------------------------------
        \55\ Sec. 1071(a)(1) of the Intelligence Reform and Terrorism
    Prevention Act of 2004 (Public Law 108-458; 118 Stat. 3689) struck out
    ``Director of Central Intelligence'' and inserted in lieu thereof
    ``Director of National Intelligence''.
    ---------------------------------------------------------------------------
              (4) nothing in this subsection prohibits obligation
            or expenditure of funds available to an intelligence
            agency in accordance with sections 1535 and 1536 of
            title 31, United States Code.
        (b) Funds available to an intelligence agency may not be
    made available for any intelligence or intelligence-related
    activity for which funds were denied by the Congress.
        (c) \56\ No funds appropriated for, or otherwise available
    to, any department, agency, or entity of the United States
    Government may be expended, or may be directed to be expended,
    for any covert action, as defined in section 503(e), unless and
    until a Presidential finding required by subsection (a) of
    section 503 has been signed or otherwise issued in accordance
    with that subsection.
    ---------------------------------------------------------------------------
        \56\ Sec. 603 of Public Law 102-88 (105 Stat. 444) redesignated
    subsec. (c) as (e), and added new subsecs. (c) and (d).
    ---------------------------------------------------------------------------
        (d) \56\ (1) Except as otherwise specifically provided by
    law, funds available to an intelligence agency that are not
    appropriated funds may be obligated or expended for an
    intelligence or intelligence-related activity only if those
    funds are used for activities reported to the appropriate
    congressional committees pursuant to procedures which
    identify--
              (A) the types of activities for which nonappropriated
            funds may be expended; and
              (B) the circumstances under which an activity must be
            reported as a significant anticipated intelligence
            activity before such funds can be expended.
        (2) Procedures for purposes of paragraph (1) shall be
    jointly agreed upon by the congressional intelligence
    committees \49\ and, as appropriate, the Director of National
    Intelligence \55\ or the Secretary of Defense.
        (e) \56\ As used in this section--
              (1) the term ``intelligence agency'' means any
            department, agency, or other entity of the United
            States involved in intelligence or intelligence-related
            activities;
              (2) the term ``appropriate congressional committees''
            means the Permanent Select Committee on Intelligence
            and the Committee on Appropriations of the House of
            Representatives and the Select Committee on
            Intelligence and the Committee on Appropriations of the
            Senate; and
              (3) the term ``specifically authorized by the
            Congress'' means that--
                      (A) the activity and the amount of funds
                    proposed to be used for that activity were
                    identified in a formal budget request to the
                    Congress, but funds shall be deemed to be
                    specifically authorized for that activity only
                    the extent that the Congress both authorized
                    the funds to be appropriated for that activity
                    and appropriated the funds for that activity;
                    or
                      (B) although the funds were not formally
                    requested, the Congress both specifically
                    authorized the appropriation of the funds for
                    the activity and appropriated the funds for the
                    activity.

    notice to congress of certain transfer of defense articles and defense
                                    services

        Sec. 505.\57\ (a)(1) The transfer of a defense article or
    defense service, or the anticipated transfer in any fiscal year
    of any aggregation of defense articles or defense services,\58\
    exceeding $1,000,000 in value by an intelligence agency to a
    recipient outside that agency shall be considered a significant
    anticipated intelligence activity for the purpose of this
    title.\59\
    ---------------------------------------------------------------------------
        \57\ 50 U.S.C. 415. Added by sec. 602(a) of Public Law 99-569 (100
    Stat. 3203) as sec. 503; redesignated as sec. 505 by sec. 602(a)(1) of
    Public Law 102-88 (105 Stat. 441).
        \58\ Sec. 604 of Public Law 102-88 (105 Stat. 445) inserted ``, or
    the anticipated transfer in any fiscal year of any aggregation of
    defense articles or defense services,''.
        \59\ Sec. 602(c)(2) of Public Law 102-88 (105 Stat. 444) struck out
    ``section 501 of this Act'' and inserted in lieu thereof ``this
    title''.
    ---------------------------------------------------------------------------
        (2) Paragraph (1) does not apply if--
              (A) the transfer is being made to a department,
            agency, or other entity of the United States (so long
            as there will not be a subsequent retransfer of the
            defense articles or defense services outside the United
            States Government in conjunction with an intelligence
            or intelligence-related activity); or
              (B) the transfer--
                      (i) is being made pursuant to authorities
                    contained in part II of the Foreign Assistance
                    Act of 1961, the Arms Export Control Act, title
                    10 of the United States Code (including a law
                    enacted pursuant to section 7307(a) \60\ of
                    that title), or the Federal Property and
                    Administrative Services Act of 1949, and
    ---------------------------------------------------------------------------
        \60\ Sec. 828(d)(1) of Public Law 103-160 (107 Stat. 1715) struck
    out ``section 7307(b)(1)'' and inserted in lieu thereof ``section
    7307(a)''.
    ---------------------------------------------------------------------------
                      (ii) is not being made in conjunction with an
                    intelligence or intelligence-related activity.
        (3) An intelligence agency may not transfer any defense
    articles or defense services outside the agency in conjunction
    with any intelligence or intelligence-related activity for
    which funds were denied by the Congress.
        (b) As used in this section--
              (1) the term ``intelligence agency'' means any
            department, agency, or other entity of the United
            States involved in intelligence or intelligence-related
            activities;
              (2) the terms ``defense articles'' and ``defense
            services'' mean the items of the United States
            Munitions List pursuant to section 38 of the Arms
            Export Control Act (22 CFR part 12);
              (3) the term ``transfer'' means--
                      (A) in the case of defense articles, the
                    transfer of possession of those articles; and
                      (B) in the case of defense services, the
                    provision of those services; and
              (4) the term ``value'' means--
                      (A) in the case of defense articles, the
                    greater of--
                              (i) the original acquisition cost to
                            the United States Government, plus the
                            cost of improvements or other
                            modifications made by or on behalf of
                            the Government; or
                              (ii) the replacement cost; and
                      (B) in the case of defense services, the full
                    cost to the Government of providing the
                    services.
              * * * * * * *

               TITLE XI--ADDITIONAL MISCELLANEOUS PROVISIONS \61\

    applicability to united states intelligence activities of federal laws
               implementing international treaties and agreements

        Sec. 1101.\61\ (a) In General.--No Federal law enacted on
    or after the date of the enactment of the Intelligence
    Authorization Act for Fiscal Year 2001 that implements a treaty
    or other international agreement shall be construed as making
    unlawful an otherwise lawful and authorized intelligence
    activity of the United States Government or its employees, or
    any other person to the extent such other person is carrying
    out such activity on behalf of, and at the direction of, the
    United States, unless such Federal law specifically addresses
    such intelligence activity.
    ---------------------------------------------------------------------------
        \61\ 50 U.S.C. 442. Sec. 308 of the Intelligence Authorization Act
    for Fiscal Year 2001 (Public Law 106-567; 114 Stat. 2840) added title
    XI and sec. 1101, originally as title X and sec. 1001, respectively.
    Subsequently, sec. 331(a) of the Intelligence Authorization Act for
    Fiscal Year 2003 (Public Law 107-307; 116 Stat. 2394) redesignated
    title X as title XI and sec. 1001 as sec. 1101.
    ---------------------------------------------------------------------------
        (b) Authorized Intelligence Activities.--An intelligence
    activity shall be treated as authorized for purposes of
    subsection (a) if the intelligence activity is authorized by an
    appropriate official of the United States Government, acting
    within the scope of the official duties of that official and in
    compliance with Federal law and any applicable Presidential
    directive.
              * * * * * * *
                    8. Intelligence Authorization Provisions

                           a. Kosova Liberation Army

    Partial text of Public Law 106-120 [Intelligence Authorization Act for
    Fiscal Year 2000; H.R. 1555], 113 Stat. 1606, approved December 3, 1999

          AN ACT To authorize appropriations for fiscal year 2000 for
     intelligence and intelligence-related activities of the United States
         Government, the Community Management Account, and the Central
      Intelligence Agency Retirement and Disability System, and for other
                                   purposes.

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

    SEC. 312. REPORT ON KOSOVA LIBERATION ARMY.

        (a) Report.--Not later than 30 days after the date of the
    enactment of this Act, the Director of Central Intelligence
    shall submit to the appropriate congressional committees a
    report (in both classified and unclassified form) on the
    organized resistance in Kosovo known as the Kosova Liberation
    Army. The report shall include the following:
              (1) A summary of the history of the Kosova Liberation
            Army.
              (2) As of the date of the enactment of this Act--
                      (A) the number of individuals currently
                    participating in or supporting combat
                    operations of the Kosova Liberation Army
                    (fielded forces), and the number of individuals
                    in training for such service (recruits);
                      (B) the types, and quantity of each type, of
                    weapon employed by the Kosova Liberation Army,
                    the training afforded to such fielded forces in
                    the use of such weapons, and the sufficiency of
                    such training to conduct effective military
                    operations; and
                      (C) minimum additional weaponry and training
                    required to improve substantially the efficacy
                    of such military operations.
              (3) An estimate of the percentage of funding (if any)
            of the Kosova Liberation Army that is attributable to
            profits from the sale of illicit narcotics.
              (4) A description of the involvement (if any) of the
            Kosova Liberation Army in terrorist activities.
              (5) A description of the number of killings of
            noncombatant civilians (if any) carried out by the
            Kosova Liberation Army since its formation.
              (6) A description of the leadership of the Kosova
            Liberation Army, including an analysis of--
                      (A) the political philosophy and program of
                    the leadership; and
                      (B) the sentiment of the leadership toward
                    the United States.
        (b) Appropriate Congressional Committees Defined.--As used
    in this section, the term ``appropriate congressional
    committees'' means the Committee on International Relations and
    the Permanent Select Committee on Intelligence of the House of
    Representatives and the Committee on Foreign Relations and the
    Select Committee on Intelligence of the Senate.
              * * * * * * *
       b. Limitation on State Department Handling of Classified Materials

    Partial text of Public Law 106-567 [Intelligence Authorization Act for
      Fiscal Year 2001; H.R. 5630], 114 Stat. 2831, approved December 27,
                                      2000

          AN ACT To authorize appropriations for fiscal year 2001 for
     intelligence and intelligence-related activities of the United States
         Government, the Community Management Account, and the Central
      Intelligence Agency Retirement and Disability System, and for other
                                   purposes.

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

    SEC. 309.\1\ LIMITATION ON HANDLING, RETENTION, AND STORAGE OF CERTAIN
                        CLASSIFIED MATERIALS BY THE DEPARTMENT OF STATE.
    ---------------------------------------------------------------------------

        \1\ 50 U.S.C. 435a.
    ---------------------------------------------------------------------------
        (a) Certification Regarding Full Compliance With
    Requirements.--The Director of Central Intelligence \2\ shall
    certify to the appropriate committees of Congress whether or
    not each covered element of the Department of State is in full
    compliance with all applicable directives of the Director of
    Central Intelligence \2\ relating to the handling, retention,
    or storage of covered classified material.
    ---------------------------------------------------------------------------
        \2\ Reference to the Director of Central Intelligence or the
    Director of the Central Intelligence Agency in the Director's capacity
    as the head of the intelligence community is deemed to be a reference
    to the Director of National Intelligence. Reference to the Director of
    Central Intelligence or the Director of the Central Intelligence Agency
    in the Director's capacity as the head of the Central Intelligence
    Agency is deemed to be a reference to the Director of the Central
    Intelligence Agency. See sec. 1081(a) and (b) of Public Law 108-458
    (118 Stat. 3696) under sec. 401 of this title.
    ---------------------------------------------------------------------------
        (b) Limitation on Certification.--The Director of Central
    Intelligence \2\ may not certify a covered element of the
    Department of State as being in full compliance with the
    directives referred to in subsection (a) if the covered element
    is currently subject to a waiver of compliance with respect to
    any such directive.
        (c) Report on Noncompliance.--Whenever the Director of
    Central Intelligence \2\ determines that a covered element of
    the Department of State is not in full compliance with any
    directive referred to in subsection (a), the Director shall
    promptly notify the appropriate committees of Congress of such
    determination.
        (d) Effects of Certification of Non-Full Compliance.--(1)
    Subject to subsection (e), effective as of January 1, 2001, a
    covered element of the Department of State may not retain or
    store covered classified material unless the Director has
    certified under subsection (a) as of such date that the covered
    element is in full compliance with the directives referred to
    in subsection (a).
        (2) If the prohibition in paragraph (1) takes effect in
    accordance with that paragraph, the prohibition shall remain in
    effect until the date on which the Director certifies under
    subsection (a) that the covered element involved is in full
    compliance with the directives referred to in that subsection.
        (e) Waiver by Director of Central Intelligence.\2\ --(1)
    The Director of Central Intelligence \2\ may waive the
    applicability of the prohibition in subsection (d) to an
    element of the Department of State otherwise covered by such
    prohibition if the Director determines that the waiver is in
    the national security interests of the United States.
        (2) The Director shall submit to appropriate committees of
    Congress a report on each exercise of the waiver authority in
    paragraph (1).
        (3) Each report under paragraph (2) with respect to the
    exercise of authority under paragraph (1) shall set forth the
    following:
              (A) The covered element of the Department of State
            addressed by the waiver.
              (B) The reasons for the waiver.
              (C) The actions that will be taken to bring such
            element into full compliance with the directives
            referred to in subsection (a), including a schedule for
            completion of such actions.
              (D) The actions taken by the Director to protect any
            covered classified material to be handled, retained, or
            stored by such element pending achievement of full
            compliance of such element with such directives.
        (f) Definitions.--In this section:
              (1) The term ``appropriate committees of Congress''
            means the following:
                      (A) The Select Committee on Intelligence and
                    the Committee on Foreign Relations of the
                    Senate.
                      (B) The Permanent Select Committee on
                    Intelligence and the Committee on International
                    Relations of the House of Representatives.
              (2) The term ``covered classified material'' means
            any material classified at the Sensitive Compartmented
            Information (SCI) level.
              (3) The term ``covered element of the Department of
            State'' means each element of the Department of State
            that handles, retains, or stores covered classified
            material.
              (4) The term ``material'' means any data, regardless
            of physical form or characteristic, including written
            or printed matter, automated information systems
            storage media, maps, charts, paintings, drawings,
            films, photographs, engravings, sketches, working
            notes, papers, reproductions of any such things by any
            means or process, and sound, voice, magnetic, or
            electronic recordings.
              (5) The term ``Sensitive Compartmented Information
            (SCI) level'', in the case of classified material,
            means a level of classification for information in such
            material concerning or derived from intelligence
            sources, methods, or analytical processes that requires
            such information to be handled within formal access
            control systems established by the Director of Central
            Intelligence.\2\
              * * * * * * *
      c. Evaluation of State Department Protection of Classified Materials

    Partial text of Public Law 107-306 [Intelligence Authorization Act for
      Fiscal Year 2003; H.R. 4628], 116 Stat. 2383, approved November 27,
                                      2002

          AN ACT To authorize appropriations for fiscal year 2003 for
     intelligence and intelligence-related activities of the United States
         Government, the Community Management Account, and the Central
      Intelligence Agency Retirement and Disability System, and for other
                                   purposes.

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

    SEC. 832.\1\ EVALUATION OF POLICIES AND PROCEDURES OF DEPARTMENT OF
                        STATE ON PROTECTION OF CLASSIFIED INFORMATION AT
                        DEPARTMENT HEADQUARTERS.

        (a) Evaluation Required.--Not later than December 31 of
    2002, 2003, and 2004, the Inspector General of the Department
    of State shall conduct an evaluation of the policies and
    procedures of the Department on the protection of classified
    information at the Headquarters of the Department, including
    compliance with the directives of the Director of Central
    Intelligence (DCIDs) regarding the storage and handling of
    Sensitive Compartmented Information (SCI) material.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 4861 note.
    ---------------------------------------------------------------------------
        (b) Annual Report.--Except as provided in subsection (c),
    not later than February 1 of 2003, 2004, and 2005, the
    Inspector General shall submit to the following committees a
    report on the evaluation conducted under subsection (a) during
    the preceding year:
              (1) The congressional intelligence committees.
              (2) The Committee on Foreign Relations of the Senate
            and the Committee on International Relations of the
            House of Representatives.
        (c) Exception.--The date each year for the submittal of a
    report under subsection (b) may be postponed in accordance with
    section 507(d) of the National Security Act of 1947, as added
    by section 811 of this Act.
        (d) Congressional Intelligence Committees Defined.--In this
    section, the term ``congressional intelligence committees''
    means--
              (1) the Select Committee on Intelligence of the
            Senate; and
              (2) the Permanent Select Committee on Intelligence of
            the House of Representatives.
              * * * * * * *
     d. Coordination of Federal Government Research on Security Evaluations

    Partial text of Public Law 108-487 [Intelligence Authorization Act for
      Fiscal Year 2004; H.R. 4548], 117 Stat. 2559, approved December 13,
                                      2003

          AN ACT To authorize appropriations for fiscal year 2004 for
     intelligence and intelligence-related activities of the United States
         Government, the Community Management Account, and the Central
      Intelligence Agency Retirement and Disability System, and for other
                                   purposes.

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

    SEC. 375. COORDINATION OF FEDERAL GOVERNMENT RESEARCH ON SECURITY
                        EVALUATIONS.

        (a) Workshops for Coordination of Research.--The National
    Science Foundation and the Office of Science and Technology
    Policy shall jointly sponsor not less than two workshops on the
    coordination of Federal Government research on the use of
    behavioral, psychological, and physiological assessments of
    individuals in the conduct of security evaluations.
        (b) Deadline for Completion of Activities.--The activities
    of the workshops sponsored under subsection (a) shall be
    completed not later than March 1, 2004.
        (c) Purposes.--The purposes of the workshops sponsored
    under subsection (a) are as follows:
              (1) To provide a forum for cataloging and
            coordinating federally funded research activities
            relating to the development of new techniques in the
            behavioral, psychological, or physiological assessment
            of individuals to be used in security evaluations.
              (2) To develop a research agenda for the Federal
            Government on behavioral, psychological, and
            physiological assessments of individuals, including an
            identification of the research most likely to advance
            the understanding of the use of such assessments of
            individuals in security evaluations.
              (3) To distinguish between short-term and long-term
            areas of research on behavioral, psychological, and
            physiological assessments of individuals in order to
            maximize the utility of short-term and long-term
            research on such assessments.
              (4) To identify the Federal agencies best suited to
            support research on behavioral, psychological, and
            physiological assessments of individuals.
              (5) To develop recommendations for coordinating
            future federally funded research for the development,
            improvement, or enhancement of security evaluations.
        (d) Advisory Group.--(1) In order to assist the National
    Science Foundation and the Office of Science and Technology
    Policy in carrying out the activities of the workshops
    sponsored under subsection (a), there is hereby established an
    interagency advisory group with respect to such workshops.
        (2) The advisory group shall be composed of the following:
              (A) A representative of the Social, Behavioral, and
            Economic Directorate of the National Science
            Foundation.
              (B) A representative of the Office of Science and
            Technology Policy.
              (C) The Secretary of Defense, or a designee of the
            Secretary.
              (D) The Secretary of State, or a designee of the
            Secretary.
              (E) The Attorney General, or a designee of the
            Attorney General.
              (F) The Secretary of Energy, or a designee of the
            Secretary.
              (G) The Secretary of Homeland Security, or a designee
            of the Secretary.
              (H) The Director of Central Intelligence, or a
            designee of the Director.
              (I) The Director of the Federal Bureau of
            Investigation, or a designee of the Director.
              (J) The National Counterintelligence Executive, or a
            designee of the National Counterintelligence Executive.
              (K) Any other official assigned to the advisory group
            by the President for purposes of this section.
        (3) The members of the advisory group under subparagraphs
    (A) and (B) of paragraph (2) shall jointly head the advisory
    group.
        (4) The advisory group shall provide the Foundation and the
    Office such information, advice, and assistance with respect to
    the workshops sponsored under subsection (a) as the advisory
    group considers appropriate.
        (5) The advisory group shall not be treated as an advisory
    committee for purposes of the Federal Advisory Committee Act (5
    U.S.C. App.).
        (e) FOIA Exemption.--All files of the National Science
    Foundation and the Office of Science and Technology Policy for
    purposes of administering this section, including any files of
    a Federal, State, or local department or agency or of a private
    sector entity provided to or utilized by a workshop or advisory
    group under this section, shall be exempt from the provisions
    of section 552 of title 5, United States Code, that require
    publication, disclosure, search, or review in connection
    therewith.
        (f) Report.--Not later than March 1, 2004, the National
    Science Foundation and the Office of Science and Technology
    Policy shall jointly submit to Congress a report on the results
    of activities of the workshops sponsored under subsection (a),
    including the findings and recommendations of the Foundation
    and the Office as a result of such activities.
        (g) Funding.--(1) Of the amount authorized to be
    appropriated for the Intelligence Community Management Account
    by section 104(a), $500,000 shall be available to the National
    Science Foundation and the Office of Science and Technology
    Policy to carry out this section.
        (2) The amount authorized to be appropriated by paragraph
    (1) shall remain available until expended.
              * * * * * * *
                           9. Reporting Requirements

             a. Federal Reports Elimination and Sunset Act of 1995

      Partial text of Public Law 104-66 [S. 790], 109 Stat. 707, approved
                               December 21, 1995

       AN ACT To provide for the modification or elimination of Federal
                            reporting requirements.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Federal Reports Elimination
    and Sunset Act of 1995''.
              * * * * * * *

                              TITLE I--DEPARTMENTS

              * * * * * * *

                       Subtitle B--Department of Commerce

    SEC. 1021. REPORTS ELIMINATED.

        (a) * * *
        (b) Report on Status, Activities, and Effectiveness of
    United States Commercial Centers in Asia, Latin America, and
    Africa and Program Recommendations.--Section 401(j) of the Jobs
    Through Exports Act of 1992 (15 U.S.C. 4723a(j)) is repealed.
        (c) Report on Kuwait Reconstruction Contracts.--Section
    606(f) of the Persian Gulf Conflict Supplemental Authorization
    and Personnel Benefits Act of 1991 is repealed.
        (d) Report on United States-Canada Free-Trade Agreement.--
    Section 409(a)(3) of the United States-Canada Free-Trade
    Agreement Implementation Act of 1988 (19 U.S.C. 2112 note) is
    amended to read as follows:
              ``(3) The United States members of the working group
            established under article 1907 of the Agreement shall
            consult regularly with the Committee on Finance of the
            Senate, the Committee on Ways and Means of the House of
            Representatives, and advisory committees established
            under section 135 of the Trade Act of 1974 regarding--
                      ``(A) the issues being considered by the
                    working group; and
                      ``(B) as appropriate, the objectives and
                    strategy of the United States in the
                    negotiations.''.
        (e) Report on Establishment of American Business Centers
    and on Activities of the Independent States Business and
    Agriculture Advisory Council.--Section 305 of the Freedom for
    Russia and Emerging Eurasian Democracies and Open Markets
    Support Act of 1992 (22 U.S.C. 5825) is repealed.
              * * * * * * *

                        Subtitle K--Department of State

    SEC. 1111. REPORTS ELIMINATED.

        (a) Report on Audit of Use of Funds for United Nations High
    Commissioner for Refugees.--Section 8 of the Migration and
    Refugee Assistance Act of 1962 (22 U.S.C. 2606) is amended by
    striking subsection (b), and redesignating subsection (c) as
    subsection (b).
        (b) Report on Matters Relating to Foreign Relations and
    Science and Technology.--Section 503(b) of the Foreign
    Relations Authorization Act, Fiscal Year 1979 is repealed.

    SEC. 1112. INTERNATIONAL NARCOTICS CONTROL.

        (a) Section 489A of the Foreign Assistance Act of 1961 (22
    U.S.C. 2291I) is repealed.
        (b) Section 490A of that Act (22 U.S.C. 2991k) is repealed.
        (c) Section 489 of that Act (22 U.S.C. 2291h) is amended:
              (1) in the section heading by striking ``for fiscal
            year 1995''; and
              (2) by striking subsection (c).
        (d) Section 490 of that Act (22 U.S.C. 2291j) is amended:
              (1) in the section heading by striking ``for fiscal
            year 1995''; and
              (2) by striking subsection (i).
              * * * * * * *

                         TITLE II--INDEPENDENT AGENCIES

              * * * * * * *

                  Subtitle X--United States Information Agency

    SEC. 2241. REPORTS ELIMINATED.

        Notwithstanding section 601(c)(4) of the Foreign Service
    Act of 1980 (22 U.S.C. 4001(c)(4)), the reports otherwise
    required under such section shall not cover the activities of
    the United States Information Agency.

               TITLE III--REPORTS BY ALL DEPARTMENTS AND AGENCIES

              * * * * * * *

    SEC. 3003.\1\ TERMINATION OF REPORTING REQUIREMENTS.

        (a) Termination.--
    ---------------------------------------------------------------------------
        \1\ 31 U.S.C. 1113 note.
    ---------------------------------------------------------------------------
              (1) In general.--Subject to the provisions of
            paragraph (2) of this subsection and subsection (d),
            each provision of law requiring the submittal to
            Congress (or any committee of the Congress) of any
            annual, semiannual, or other regular periodic report
            specified on the list described under subsection (c)
            shall cease to be effective, with respect to that
            requirement, 4 years after the date of the enactment of
            this Act.
              (2) Exception.--The provisions of paragraph (1) shall
            not apply to any report required under--
                      (A) the Inspector General Act of 1978 (5
                    U.S.C. App.); or
                      (B) the Chief Financial Officers Act of 1990
                    (Public Law 101-576), including provisions
                    enacted by the amendments made by that Act.
        (b) Identification of Wasteful Reports.--The President
    shall include in the first annual budget submitted pursuant to
    section 1105 of title 31, United States Code, after the date of
    enactment of this Act a list of reports that the President has
    determined are unnecessary or wasteful and the reasons for such
    determination.
        (c) List of Reports.--The list referred to under subsection
    (a) is the list prepared by the Clerk of the House of
    Representatives for the first session of the One Hundred Third
    Congress under clause 2 of rule III of the Rules of the House
    of Representatives (House Document No. 103-7).
        (d) Specific Reports Exempted.--Subsection (a)(1) shall not
    apply to any report required under--
              (1) section 116 of the Foreign Assistance Act of 1961
            (22 U.S.C. 2151n);
              (2) section 306 of that Act (22 U.S.C. 2226);
              (3) section 489 of that Act (22 U.S.C. 2291h);
              (4) section 502B of that Act (22 U.S.C. 2304);
              (5) section 634 of that Act (22 U.S.C. 2394);
              (6) section 406 of the Foreign Relations
            Authorization Act, Fiscal Years 1990 and 1991 (22
            U.S.C. 2414a);
              (7) section 25 of the Arms Export Control Act (22
            U.S.C. 2765);
              (8) section 28 of that Act (22 U.S.C. 2768);
              (9) section 36 of that Act (22 U.S.C. 2776);
              (10) section 6 of the Multinational Force and
            Observers Participation Resolution (22 U.S.C. 3425);
              (11) section 104 of the FREEDOM Support Act (22
            U.S.C. 5814);
              (12) section 508 of that Act (22 U.S.C. 5858);
              (13) section 4 of the War Powers Resolution (50
            U.S.C. 1543);
              (14) section 204 of the International Emergency
            Economic Powers Act (50 U.S.C. 1703);
              (15) section 14 of the Export Administration Act of
            1979 (50 U.S.C. App. 2413);
              (16) section 207 of the International Economic Policy
            Act of 1972 (Public Law 92-412; 86 Stat. 648);
              (17) section 4 of Public Law 93-121 (87 Stat. 448);
              (18) section 108 of the National Security Act of 1947
            (50 U.S.C. 404a);
              (19) section 704 of the Support for East European
            Democracy (SEED) Act of 1989 (22 U.S.C. 5474);
              (20) section 804 of the Foreign Relations
            Authorization Act, Fiscal Years 1990 and 1991 (Public
            Law 101-246; 104 Stat. 72);
              (21) section 140 of the Foreign Relations
            Authorization Act, Fiscal Years 1988 and 1989 (22
            U.S.C. 2656f);
              (22) section 2 of the Act of September 21, 1950
            (Chapter 976; 64 Stat. 903);
              (23) section 3301 of the Panama Canal Act of 1979 (22
            U.S.C. 3871);
              (24) section 2202 of the Export Enhancement Act of
            1988 (15 U.S.C. 4711);
              (25) section 1504 of Public Law 103-160 (10 U.S.C.
            402 note);
              (26) section 502 of the International Security and
            Development Coordination Act of 1985 (22 U.S.C. 2349aa-
            7);
              (27) section 23 of the Act of August 1, 1956 (Chapter
            841; 22 U.S.C. 2694(2));
              (28) section 5(c)(5) of the Export Administration Act
            of 1979 (50 U.S.C. App. 2404(c)(5));
              (29) section 14 of the Export Administration Act of
            1979 (50 U.S.C. App. 2413);
              (30) section 50 of Public Law 87-297 (22 U.S.C.
            2590);
              (31) section 240A of the Foreign Assistance Act of
            1961 (22 U.S.C. 2200a); or
              (32) section 604 of the United States Information and
            Educational Exchange Act of 1948 (22 U.S.C. 1469).
         b. Continuation of Reports Terminated by the Federal Reports
                       Elimination and Sunset Act of 1995

     Partial text of Public Law 106-113 [Consolidated Appropriations Act,
          2000; H.R. 3194], 113 Stat. 1501, approved November 29, 1999

     AN ACT Making consolidated appropriations for the fiscal year ending
                  September 30, 2000, and for other purposes.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That the
    following sums are appropriated, out of any money in the
    Treasury not otherwise appropriated, for the several
    departments, agencies, corporations and other organizational
    units of the Government for the fiscal year 2000, and for other
    purposes, namely:

                             APPENDIX G--H.R. 3427

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Admiral James W. Nance and
    Meg Donovan Foreign Relations Authorization Act, Fiscal Years
    2000 and 2001''.
              * * * * * * *

            TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                  Subtitle A--Basic Authorities and Activities

              * * * * * * *

    SEC. 209. CONTINUATION OF REPORTING REQUIREMENTS.

        (a) Reports on Claims by United States Firms Against the
    Government of Saudi Arabia.--Section 2801(b)(1) of the Foreign
    Affairs Reform and Restructuring Act of 1998 (as enacted by
    division G of the Omnibus Consolidated and Emergency
    Supplemental Appropriations Act, 1999; Public Law 105-277) is
    amended by striking ``third'' and inserting ``seventh''.
        (b) Reports on Determinations Under Title IV of the
    Libertad Act.--Section 2802(a) of the Foreign Affairs Reform
    and Restructuring Act of 1998 (as enacted by division G of the
    Omnibus Consolidated and Emergency Supplemental Appropriations
    Act, 1999; Public Law 105-277) is amended by striking
    ``September 30, 1999,'' and inserting ``September 30, 2001,''.
        (c) Relations With Vietnam.--Section 2805 of the Foreign
    Affairs Reform and Restructuring Act of 1998 (as enacted by
    division G of the Omnibus Consolidated and Emergency
    Supplemental Appropriations Act, 1999; Public Law 105-277) is
    amended by striking ``September 30, 1999,'' and inserting
    ``September 30, 2001,''.
        (d) Reports on Ballistic Missile Cooperation With Russia.--
    Section 2705(d) of the Foreign Affairs Reform and Restructuring
    Act of 1998 (as enacted by division G of the Omnibus
    Consolidated and Emergency Supplemental Appropriations Act,
    1999; Public Law 105-277) is amended by striking ``and January
    1, 2000,'' and inserting ``January 1, 2000, and January 1,
    2001,''.
        (e) Continuation of Reports Terminated by the Federal
    Reports Elimination and Sunset Act of 1995.--Section 3003(a)(1)
    of the Federal Reports Elimination and Sunset Act of 1995
    (Public Law 104-66; 31 U.S.C. 1113 note) does not apply to any
    report required to be submitted under any of the following
    provisions of law:
              (1) Section 1205 of the International Security and
            Development Cooperation Act of 1985 (Public Law 99-83;
            22 U.S.C. 2346 note) (relating to annual reports on
            economic conditions in Egypt, Israel, Turkey, and
            Portugal).
              (2) Section 1307(f)(1)(A) of the International
            Financial Institutions Act (Public Law 95-118)
            (relating to an assessment of the environmental impact
            of proposed multilateral development bank actions).
              (3) Section 118(f) of the Foreign Assistance Act of
            1961 (Public Law 87-195; 22 U.S.C. 2151p-1) (relating
            to the protection of tropical forests).
              (4) Section 586J(c)(4) of the Foreign Operations,
            Export Financing, and Related Programs Appropriations
            Act, 1991 (Public Law 101-513) (relating to sanctions
            taken by other nations against Iraq).
              (5) Section 3 of the Authorization for Use of
            Military Force Against Iraq Resolution (Public Law 102-
            1; 105 Stat. 3) (relating to the status of efforts to
            obtain Iraqi compliance with United Nations Security
            Council resolutions).
              (6) Section 124 of the Foreign Relations
            Authorization Act, Fiscal Years 1988 and 1989 (Public
            Law 100-204; 22 U.S.C. 2680 note) (relating to
            expenditures for emergencies in the diplomatic and
            consular service).
              (7) Section 620C(c) of the Foreign Assistance Act of
            1961 (Public Law 87-195; 22 U.S.C. 2373(c)) (relating
            to progress made toward the conclusion of a negotiated
            solution to the Cyprus problem).
              (8) Section 533(b) of the Foreign Operations, Export
            Financing, and Related Programs Appropriations Act,
            1991 (Public Law 101-513) (relating to international
            natural resource management initiatives).
              (9) Section 3602 of the Omnibus Trade and
            Competitiveness Act of 1988 (Public Law 100-418; 22
            U.S.C. 5352) (relating to foreign treatment of United
            States financial institutions).
              (10) Section 1702 of the International Financial
            Institutions Act (Public Law 95-118; 22 U.S.C. 262r-1)
            (relating to operating summaries of the multilateral
            development banks).
              (11) Section 1303(c) of the International Financial
            Institutions Act (Public Law 95-118; 22 U.S.C. 262m-
            2(c)) (relating to international environmental
            assistance programs).
              (12) Section 1701(a) of the International Financial
            Institutions Act (Public Law 95-118; 22 U.S.C. 262r)
            (relating to United States participation in
            international financial institutions).
              (13) Section 163(a) of the Trade Act of 1974 (Public
            Law 93-618; 19 U.S.C. 2213) (relating to the trade
            agreements program and national trade policy agenda).
              (14) Section 8 of the Export-Import Bank Act (Public
            Law 79-173; 12 U.S.C. 635g) (relating to Export-Import
            Bank activities).
              (15) Section 407(f) of the Agricultural Trade
            Development and Assistance Act of 1954 (Public Law 83-
            480; 7 U.S.C. 1736a) (relating to Public Law 480
            programs and activities).
              (16) Section 239(c) of the Foreign Assistance Act of
            1961 (Public Law 87-195; 22 U.S.C. 2199(c)) (relating
            to OPIC audit report).
              (17) Section 504(i) of the National Endowment for
            Democracy Act (Public Law 98-164; 22 U.S.C. 4413(i))
            (relating to the activities of the National Endowment
            for Democracy).
              (18) Section 5(b) of the Japan-United States
            Friendship Act (Public Law 94-118; 22 U.S.C. 2904(b))
            (relating to Japan-United States Friendship Commission
            activities).
              * * * * * * *
                c. To Prevent the Elimination of Certain Reports

    Partial text of Public Law 107-74 [H.R. 1042], 115 Stat. 701, approved
                               November 28, 2001

             AN ACT To prevent the elimination of certain reports.

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

    SECTION 1.\1\ REPORTS.

        Section 3003(a)(1) of the Federal Reports Elimination and
    Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to any
    report required to be submitted under any of the following
    provisions of law:
    ---------------------------------------------------------------------------
        \1\ 31 U.S.C. 1113 note.
    ---------------------------------------------------------------------------
              * * * * * * *
              (18) Section 102(e)(7) of the Global Change Research
            Act of 1990 (15 U.S.C. 2932(e)(7)).
              * * * * * * *
        10. Logan Act, as amended--Private Correspondence With Foreign
                                  Governments

     Partial text of Public Law 80-772 [H.R. 3190], 62 Stat. 744, approved
    June 25, 1948 (original legislation approved January 30, 1799, 1 Stat.
                                613), as amended

    AN ACT To revise, codify, and enact into positive law, Title 18 of the
        United States Code, entitled ``Crimes and Criminal Procedure''.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled, That Title
    18 of the United States Code, entitled ``Crimes and Criminal
    Procedure'', is hereby revised, codified, and enacted into
    positive law, and may be cited as ``Title 18, U.S.C., Sec. ----
    '',\1\ as follows:
    ---------------------------------------------------------------------------
        \1\ 18 U.S.C. 953.
    ---------------------------------------------------------------------------
              * * * * * * *
        Any citizen of the United States, wherever he may be, who,
    without authority of the United States, directly or indirectly
    commences or carries on any correspondence or intercourse with
    any foreign government or any officer or agent thereof, with
    intent to influence the measures or conduct of any foreign
    government or of any officer or agent thereof, in relation to
    any disputes or controversies with the United States, or to
    defeat the measures of the United States, shall be fined under
    this title \2\ or imprisoned not more than three years, or
    both.
    ---------------------------------------------------------------------------
        \2\ Sec. 330016(1)(K) of Public Law 103-322 (108 Stat. 2147) struck
    out ``not more than $5,000'' and inserted in lieu thereof ``under this
    title''.
    ---------------------------------------------------------------------------
        This section shall not abridge the right of a citizen to
    apply, himself or his agent, to any foreign government or the
    agents thereof for redress of any injury which he may have
    sustained from such government or any of its agents or
    subjects.
              * * * * * * *
         11. Resolution Establishing a Select Committee on Intelligence

       Partial text of S. Res. 400, 94th Congress, approved May 19, 1976

          a resolution establishing a select committee on intelligence

        Resolved, That it is the purpose of this resolution to
    establish a new select committee of the Senate, to be known as
    the Select Committee on Intelligence, to oversee and make
    continuing studies of the intelligence activities and programs
    of the United States Government, and to submit to the Senate
    appropriate proposals for legislation and report to the Senate
    concerning such intelligence activities and programs. In
    carrying out this purpose, the Select Committee on Intelligence
    shall make every effort to assure that the appropriate
    departments and agencies of the United States provide informed
    and timely intelligence necessary for the executive and
    legislative branches to make sound decisions affecting the
    security and vital interests of the Nation. It is further the
    purpose of this resolution to provide vigilant legislative
    oversight over the intelligence activities of the United States
    to assure that such activities are in conformity with the
    Constitution and laws of the United States.
        Sec. 2. (a)(1) There is hereby established a select
    committee to be known as the Select Committee on Intelligence
    (hereinafter in this resolution referred to as the ``select
    committee''). The select committee shall be composed of fifteen
    members appointed as follows:
              (A) two members from the Committee on Appropriations;
              (B) two members from the Committee on Armed Services;
              (C) two members from the Committee on Foreign
            Relations; and
              (D) two members from the Committee on the Judiciary;
            and
              (E) seven members to be appointed from the Senate at
            large.
        (2) Members appointed from each committee named in clauses
    (A) through (D) of paragraph (1) shall be evenly divided
    between the two major political parties and shall be appointed
    by the President pro tempore of the Senate upon the
    recommendations of the majority and minority leaders of the
    Senate. Four of the members appointed under clause (E) of
    paragraph (1) shall be appointed by the President pro tempore
    of the Senate upon the recommendation of the majority leader of
    the Senate and three shall be appointed by the President pro
    tempore of the Senate upon the recommendation of the minority
    leader of the Senate.
        (3) The majority leader of the Senate and the minority
    leader of the Senate shall be ex officio members of the select
    committee but shall have no vote in the committee and shall not
    be counted for purposes of determining a quorum.
              * * * * * * *
        Sec. 4. (a) The select committee, for the purposes of
    accountability to the Senate, shall make regular and periodic
    reports to the Senate on the nature and extent of the
    intelligence activities of the various departments and agencies
    of the United States. Such committee shall promptly call to the
    attention of the Senate or to any other appropriate committee
    or committees of the Senate any matters requiring the attention
    of the Senate or such other committee or committees. In making
    such reports, the select committee shall proceed in a manner
    consistent with section 8(c)(2) to protect national security.
              * * * * * * *
                 12. Permanent Select Committee on Intelligence

      Clause 11 of House Rule X [H. Res. 5], adopted January 6, 1999, as
                                  amended \1\

                                     RULE X

                   Permanent Select Committee on Intelligence

        11. (a)(1) There is established a Permanent Select
    Committee on Intelligence (hereafter in this clause referred to
    as the ``select committee''). The select committee shall be
    composed of not more than 21 Members, Delegates, or the
    Resident Commissioner, of whom not more than 12 may be from the
    same party. The select committee shall include at least one
    Member, Delegate, or the Resident Commissioner from each of the
    following committees:
    ---------------------------------------------------------------------------
        \1\ The Permanent Select Committee on Intelligence was first
    established pursuant to House Rule XLVIII [H. Res. 658], adopted July
    14, 1977. When the House recodified its rules in the 106th Congress,
    the Permanent Select Committee on Intelligence became Clause 11 of Rule
    X [H. Res. 5], adopted January 6, 1999. House Rule XLVIII, and
    subsequently Clause 11 of Rule X, has been amended by H. Res. 5,
    adopted January 15, 1979; H. Res. 70, adopted January 25, 1979; H. Res.
    89, adopted February 5, 1979; H. Res. 165, adopted March 29, 1979; H.
    Res. 58, adopted March 1, 1983; H. Res. 33, adopted January 30, 1985;
    H. Res. 5, adopted January 6, 1987; H. Res. 5, adopted January 3, 1989;
    H. Res. 268, adopted November 14, 1989, H. Res. 5, adopted January 3,
    1991; H. Res. 6, adopted January 4, 1995; H. Res. 5, adopted January 3,
    2001; H. Res. 5, adopted January 7, 2003; and H. Res. 51, adopted
    January 26, 2005
    ---------------------------------------------------------------------------
              (A) the Committee on Appropriations;
              (B) the Committee on Armed Services;
              (C) the Committee on International Relations; and
              (D) the Committee on the Judiciary.
        (2) The Speaker and the Minority Leader shall be ex officio
    members of the select committee but shall have no vote in the
    select committee and may not be counted for purposes of
    determining a quorum thereof.
        (3) The Speaker and Minority Leader each may designate a
    member of his leadership staff to assist him in his capacity as
    ex officio member, with the same access to committee meetings,
    hearings, briefings, and materials as employees of the select
    committee and subject to the same security clearance and
    confidentiality requirements as employees of the select
    committee under this clause.
        (4)(A) Except as permitted by subdivision (B), a Member,
    Delegate, or Resident Commissioner, other than the Speaker or
    the Minority Leader, may not serve as a member of the select
    committee during more than four Congresses in a period of six
    successive Congresses (disregarding for this purpose any
    service for less than a full session in a Congress).
        (B) In the case of a Member, Delegate, or Resident
    Commissioner appointed to serve as the chairman or the ranking
    minority member of the select committee, tenure on the select
    committee shall not be limited.
        (b)(1) There shall be referred to the select committee
    proposed legislation, messages, petitions, memorials, and other
    matters relating to the following:
              (A) The Central Intelligence Agency, the Director of
            Central Intelligence, and the National Foreign
            Intelligence Program as defined in section 3(6) of the
            National Security Act of 1947.
              (B) Intelligence and intelligence-related activities
            of all other departments and agencies of the
            Government, including the tactical intelligence and
            intelligence-related activities of the Department of
            Defense.
              (C) The organization or reorganization of a
            department or agency of the Government to the extent
            that the organization or reorganization relates to a
            function or activity involving intelligence or
            intelligence-related activities.
              (D) Authorizations for appropriations, both direct
            and indirect, for the following:
                      (i) The Central Intelligence Agency, the
                    Director of Central Intelligence, and the
                    National Foreign Intelligence Program as
                    defined in section 3(6) of the National
                    Security Act of 1947.
                      (ii) Intelligence and intelligence-related
                    activities of all other departments and
                    agencies of the Government, including the
                    tactical intelligence and intelligence-related
                    activities of the Department of Defense.
                      (iii) A department, agency, subdivision, or
                    program that is a successor to an agency or
                    program named or referred to in (i) or (ii).
        (2) Proposed legislation initially reported by the select
    committee (other than provisions solely involving matters
    specified in subparagraph (1)(A) or subparagraph (1)(D)(i))
    containing any matter otherwise within the jurisdiction of a
    standing committee shall be referred by the Speaker to that
    standing committee. Proposed legislation initially reported by
    another committee that contains matter within the jurisdiction
    of the select committee shall be referred by the Speaker to the
    select committee if requested by the chairman of the select
    committee.
        (3) Nothing in this clause shall be construed as
    prohibiting or otherwise restricting the authority of any other
    committee to study and review an intelligence or intelligence-
    related activity to the extent that such activity directly
    affects a matter otherwise within the jurisdiction of that
    committee.
        (4) Nothing in this clause shall be construed as amending,
    limiting, or otherwise changing the authority of a standing
    committee to obtain full and prompt access to the product of
    the intelligence and intelligence-related activities of a
    department or agency of the Government relevant to a matter
    otherwise within the jurisdiction of that committee.
        (c)(1) For purposes of accountability to the House, the
    select committee shall make regular and periodic reports to the
    House on the nature and extent of the intelligence and
    intelligence-related activities of the various departments and
    agencies of the United States. The select committee shall
    promptly call to the attention of the House, or to any other
    appropriate committee, a matter requiring the attention of the
    House or another committee. In making such report, the select
    committee shall proceed in a manner consistent with paragraph
    (g) to protect national security.
        (2) The select committee shall obtain annual reports from
    the Director of the Central Intelligence Agency, the Secretary
    of Defense, the Secretary of State, and the Director of the
    Federal Bureau of Investigation. Such reports shall review the
    intelligence and intelligence-related activities of the agency
    or department concerned and the intelligence and intelligence-
    related activities of foreign countries directed at the United
    States or its interests. An unclassified version of each report
    may be made available to the public at the discretion of the
    select committee. Nothing herein shall be construed as
    requiring the public disclosure in such reports of the names of
    persons engaged in intelligence or intelligence-related
    activities for the United States or the divulging of
    intelligence methods employed or the sources ofinformation on
    which the reports are based or the amount of funds authorized
    to be appropriated for intelligence and intelligence-related
    activities.
        (3) Within six weeks after the President submits a budget
    under section 1105(a) of title 31, United States Code, or at
    such time as the Committee on the Budget may request, the
    select committee shall submit to the Committee on the Budget
    the views and estimates described in section 301(d) of the
    Congressional Budget Act of 1974 regarding matters within the
    jurisdiction of the select committee.
        (d)(1) Except as specified in subparagraph (2), clauses
    8(a), (b), and (c) and 9(a), (b), and (c) of this rule, and
    clauses 1, 2, and 4 of rule XI shall apply to the select
    committee to the extent not inconsistent with this clause.
        (2) Notwithstanding the requirements of the first sentence
    of clause 2(g)(2) of rule XI, in the presence of the number of
    members required under the rules of the select committee for
    the purpose of taking testimony or receiving evidence, the
    select committee may vote to close a hearing whenever a
    majority of those present determines that the testimony or
    evidence would endanger the national security.
        (e) An employee of the select committee, or a person
    engaged by contract or otherwise to perform services for or at
    the request of the select committee, may not be given access to
    any classified information by the select committee unless such
    employee or person has--
              (1) agreed in writing and under oath to be bound by
            the Rules of the House, including the jurisdiction of
            the Committee on Standards of Official Conduct and of
            the select committee concerning the security of
            classified information during and after the period of
            his employment or contractual agreement with the select
            committee; and
              (2) received an appropriate security clearance, as
            determined by the select committee in consultation with
            the Director of Central Intelligence, that is
            commensurate with the sensitivity of the classified
            information to which such employee or person will be
            given access by the select committee.
        (f) The select committee shall formulate and carry out such
    rules and procedures as it considers necessary to prevent the
    disclosure, without the consent of each person concerned, of
    information in the possession of the select committee that
    unduly infringes on the privacy or that violates the
    constitutional rights of such person. Nothing herein shall be
    construed to prevent the select committee from publicly
    disclosing classified information in a case in which it
    determines that national interest in the disclosure of
    classified information clearly outweighs any infringement on
    the privacy of a person.
        (g)(1) The select committee may disclose publicly any
    information in its possession after a determination by the
    select committee that the public interest would be served by
    such disclosure. With respect to the disclosure of information
    for which this paragraph requires action by the select
    committee--
              (A) the select committee shall meet to vote on the
            matter within five days after a member of the select
            committee requests a vote; and
              (B) a member of the select committee may not make
            such a disclosure before a vote by the select committee
            on the matter, or after a vote by the select committee
            on the matter except in accordance with this paragraph.
        (2)(A) In a case in which the select committee votes to
    disclose publicly any information that has been classified
    under established security procedures, that has been submitted
    to it by the executive branch, and that the executive branch
    requests be kept secret, the select committee shall notify the
    President of such vote.
        (B) The select committee may disclose publicly such
    information after the expiration of a five-day period following
    the day on which notice of the vote to disclose is transmitted
    to the President unless, before the expiration of the five-day
    period, the President, personally in writing, notifies the
    select committee that he objects to the disclosure of such
    information, provides his reasons therefor, and certifies that
    the threat to the national interest of the United States posed
    by the disclosure is of such gravity that it outweighs any
    public interest in the disclosure.
        (C) If the President, personally in writing, notifies the
    select committee of his objections to the disclosure of
    information as provided in subdivision (B), the select
    committee may, by majority vote, refer the question of the
    disclosure of such information, with a recommendation thereon,
    to the House. The select committee may not publicly disclose
    such information without leave of the House.
        (D) Whenever the select committee votes to refer the
    question of disclosure of any information to the House under
    subdivision (C), the chairman shall, not later than the first
    day on which the House is in session following the day on which
    the vote occurs, report the matter to the House for its
    consideration.
        (E) If the chairman of the select committee does not offer
    in the House a motion to consider in closed session a matter
    reported under subdivision (D) within four calendar days on
    which the House is in session after the recommendation
    described in subdivision (C) is reported, then such a motion
    shall be privileged when offered by a Member, Delegate, or
    Resident Commissioner. In either case such a motion shall be
    decided without debate or intervening motion except one thatthe
    House adjourn.
        (F) Upon adoption by the House of a motion to resolve into
    closed session as described in subdivision (E), the Speaker may
    declare a recess subject to the call of the Chair. At the
    expiration of the recess, the pending question, in closed
    session, shall be, ``Shall the House approve the recommendation
    of the select committee?''.
        (G) Debate on the question described in subdivision (F)
    shall be limited to two hours equally divided and controlled by
    the chairman and ranking minority member of the select
    committee. After such debate the previous question shall be
    considered as ordered on the question of approving the
    recommendation without intervening motion except one motion
    that the House adjourn. The House shall vote on the question in
    open session but without divulging the information with respect
    to which the vote is taken. If the recommendation of the select
    committee is not approved, then the question is considered as
    recommitted to the select committee for further recommendation.
        (3)(A) Information in the possession of the select
    committee relating to the lawful intelligence or intelligence-
    related activities of a department or agency of the United
    States that has been classified under established security
    procedures, and that the select committee has determined should
    not be disclosed under subparagraph (1) or (2), may not be made
    available to any person by a Member, Delegate, Resident
    Commissioner, officer, or employee of the House except as
    provided in subdivision (B).
        (B) The select committee shall, under such regulations as
    it may prescribe, make information described in subdivision (A)
    available to a committee or a Member, Delegate, or Resident
    Commissioner, and permit a Member, Delegate, or Resident
    Commissioner to attend a hearing of the select committee that
    is closed to the public. Whenever the select committee makes
    such information available, it shall keep a written record
    showing, in the case of particular information, which committee
    or which Member, Delegate, or Resident Commissioner received
    the information. A Member, Delegate, or Resident Commissioner
    who, and a committee that, receives information under this
    subdivision may not disclose the information except in a closed
    session of the House.
        (4) The Committee on Standards of Official Conduct shall
    investigate any unauthorized disclosure of intelligence or
    intelligence-related information by a Member, Delegate,
    Resident Commissioner, officer, or employee of the House in
    violation of subparagraph (3) and report to the House
    concerning any allegation that it finds to be substantiated.
        (5) Upon the request of a person who is subject to an
    investigation described in subparagraph (4), the Committee on
    Standards of Official Conduct shall release to such person at
    the conclusion of its investigation a summary of its
    investigation, together with its findings. If, at the
    conclusion of its investigation, the Committee on Standards of
    Official Conduct determines that there has been a significant
    breach of confidentiality or unauthorized disclosure by a
    Member, Delegate, Resident Commissioner, officer, or employee
    of the House, it shall report its findings to the House and
    recommend appropriate action. Recommendations may include
    censure, removal from committee membership, or expulsion from
    the House, in the case of a Member, or removal from office or
    employment or punishment for contempt, in the case of an
    officer or employee.
        (h) The select committee may permit a personal
    representative of the President, designated by the President to
    serve as a liaison to the select committee, to attend any
    closed meeting of the select committee.
        (i) Subject to the Rules of the House, funds may not be
    appropriated for a fiscal year, with the exception of a bill or
    joint resolution continuing appropriations, or an amendment
    thereto, or a conference report thereon, to, or for use of, a
    department or agency of the United States to carry out any of
    the following activities, unless the funds shall previously
    have been authorized by a bill or joint resolution passed by
    the House during the same or preceding fiscal year to carry out
    such activity for such fiscal year:
              (1) The activities of the Central Intelligence Agency
            and the Director of Central Intelligence.
              (2) The activities of the Defense Intelligence
            Agency.
              (3) The activities of the National Security Agency.
              (4) The intelligence and intelligence-related
            activities of other agencies and subdivisions of the
            Department of Defense.
              (5) The intelligence and intelligence-related
            activities of the Department of State.
              (6) The intelligence and intelligence-related
            activities of the Federal Bureau of Investigation,
            including all activities of the Intelligence Division.
        (j)(1) In this clause the term ``intelligence and
    intelligence-related activities'' includes--
              (A) the collection, analysis, production,
            dissemination, or use of information that relates to a
            foreign country, or a government, political group,
            party, military force, movement, or other association
            in a foreign country, and that relates to the defense,
            foreign policy, national security, or related policies
            of the United States and other activity in support of
            the collection, analysis, production, dissemination, or
            use of such information;
              (B) activities taken to counter similar activities
            directed against the United States;
              (C) covert or clandestine activities affecting the
            relations of the United States with a foreign
            government, political group, party, military force,
            movement, or other association;
              (D) the collection, analysis, production,
            dissemination, or use of information about activities
            of persons within the United States, its territories
            and possessions, or nationals of the United States
            abroad whose political and related activities pose, or
            may be considered by a department, agency, bureau,
            office, division, instrumentality, or employee of the
            United States to pose, a threat to the internal
            security of the United States; and
              (E) covert or clandestine activities directed against
            persons described in subdivision (D).
        (2) In this clause the term ``department or agency''
    includes any organization, committee, council, establishment,
    or office within the Federal Government.
        (3) For purposes of this clause, reference to a department,
    agency, bureau, or subdivision shall include a reference to any
    successor department, agency, bureau, or subdivision to the
    extent that a successor engages in intelligence or
    intelligence-related activities now conducted by the
    department, agency, bureau, or subdivision referred to in this
    clause.
        (k) Clause 12(a) of rule XXII does not apply to meetings of
    a conference committee respecting legislation (or any part
    thereof) reported by the Permanent Select Committee on
    Intelligence.
           13. David L. Boren National Security Education Act of 1991

      Partial text of Public Law 102-183 [Intelligence Authorization Act,
    Fiscal Year 1992; H.R. 2038], 105 Stat. 1260 at 1271, approved December
     4, 1991; as amended by Public Law 102-496 [Intelligence Authorization
    Act for Fiscal Year 1993; H.R. 5095], 106 Stat. 3180, approved October
     24, 1992; Public Law 103-160 [National Defense Authorization Act for
      Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30,
      1993; Public Law 103-178 [Intelligence Authorization Act for Fiscal
       Year 1994; H.R. 2330], 107 Stat. 2024, approved December 3, 1993;
    Public Law 104-201 [National Defense Authorization Act for Fiscal Year
     1997; H.R. 3230], 110 Stat. 2422, approved September 23, 1996; Public
     Law 105-244 [Higher Education Amendments of 1998; H.R. 6], 112 Stat.
       1581, approved October 7, 1998; Public Law 105-272 [Intelligence
      Authorization Act for Fiscal Year 1999; H.R. 3694], 112 Stat. 2396,
    approved October 20, 1998; Public Law 105-277 [Omnibus Consolidated and
    Emergency Supplemental Appropriations Act, 1999; H.R. 4328], 112 Stat.
    2681, approved October 21, 1998; Public Law 107-296 [Homeland Security
     Act of 2002; H.R. 5005], 116 Stat. 2135, approved November 25, 2002;
      Public Law 107-306 [Intelligence Authorization Act for Fiscal Year
     2003; H.R. 4628], 116 Stat. 2383, approved November 27, 2002; Public
     Law 108-136 [National Defense Authorization Act for Fiscal Year 2004;
    H.R. 1588], 117 Stat. 1392, approved November 24, 2003; Public Law 108-
     271 [GAO Human Capital Reform Act of 2004; H.R. 2751], 118 Stat. 811,
          approved July 7, 2004; and Public Law 108-487 [Intelligence
      Authorization Act for Fiscal Year 2005; H.R. 4548], 118 Stat. 3939,
                           approved December 23, 2004

          AN ACT To authorize appropriations for fiscal year 1992 for
     intelligence and intelligence-related activities of the United States
         Government, the Intelligence Community Staff, and the Central
      Intelligence Agency Retirement and Disability System, and for other
                                   purposes.

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

      TITLE VIII--NATIONAL SECURITY SCHOLARSHIPS, FELLOWSHIPS, AND GRANTS

    SEC. 801.\1\ SHORT TITLE, FINDINGS, AND PURPOSES.

        (a) Short Title.--This title may be cited as the ``David L.
    Boren National Security Education Act of 1991''.\2\
    ---------------------------------------------------------------------------
        \1\ 50 U.S.C. 1901.
        \2\ Sec. 404(a) of Public Law 102-496 (106 Stat. 3185) restated
    subsec. (a) to insert ``David L. Boren'' into the name of the Act.
    ---------------------------------------------------------------------------
        (b) Findings.--The Congress makes the following findings:
              (1) The security of the United States is and will
            continue to depend on the ability of the United States
            to exercise international leadership.
              (2) The ability of the United States to exercise
            international leadership is, and will increasingly
            continue to be, based on the political and economic
            strength of the United States, as well as on United
            States military strength around the world.
              (3) Recent changes in the world pose threats of a new
            kind to international stability as Cold War tensions
            continue to decline while economic competition,
            regional conflicts, terrorist activities, and weapon
            proliferations have dramatically increased.
              (4) The future national security and economic well-
            being of the United States will depend substantially on
            the ability of its citizens to communicate and compete
            by knowing the languages and cultures of other
            countries.
              (5) The Federal Government has an interest in
            ensuring that the employees of its departments and
            agencies with national security responsibilities are
            prepared to meet the challenges of this changing
            international environment.
              (6) The Federal Government also has an interest in
            taking actions to alleviate the problem of American
            undergraduate and graduate students being inadequately
            prepared to meet the challenges posed by increasing
            global interaction among nations.
              (7) American colleges and universities must place a
            new emphasis on improving the teaching of foreign
            languages, area studies, counterproliferation
            studies,\3\ and other international fields to help meet
            those challenges.
    ---------------------------------------------------------------------------
        \3\ Sec. 305(a)(1) of the Intelligence Authorization Act for Fiscal
    Year 1999 [Public Law 105-272; 112 Stat. 2400) inserted
    ``counterproliferation studies,''.
    ---------------------------------------------------------------------------
        (c) Purposes.--The purposes of this title are as follows:
              (1) To provide the necessary resources,
            accountability, and flexibility to meet the national
            security education needs of the United States,
            especially as such needs change over time.
              (2) To increase the quantity, diversity, and quality
            of the teaching and learning of subjects in the fields
            of foreign languages, area studies, and other
            international fields that are critical to the Nation's
            interest.
              (3) To produce an increased pool of applicants for
            work in the departments and agencies of the United
            States Government with national security
            responsibilities.
              (4) To expand, in conjunction with other Federal
            programs, the international experience, knowledge base,
            and perspectives on which the United States citizenry,
            Government employees, and leaders rely.
              (5) To permit the Federal Government to advocate the
            cause of international education.

    SEC. 802.\4\ SCHOLARSHIP, FELLOWSHIP, AND GRANT PROGRAM.

        (a) Program Required.--
    ---------------------------------------------------------------------------
        \4\ 50 U.S.C. 1902.
    ---------------------------------------------------------------------------
              (1) In general.--The Secretary of Defense shall carry
            out a program for--
                      (A) \5\ awarding scholarships to
                    undergraduate students who--
    ---------------------------------------------------------------------------
        \5\ Sec. 1078(b)(1) of Public Law 104-201 (110 Stat. 2664) amended
    and restated subpara. (A). It formerly read as follows:
        ``(A) awarding scholarships to undergraduate students who are
    United States citizens in order to enable such students to study, for
    at least one academic semester, or equivalent term in foreign countries
    that are critical countries (as determined under section 803(d)(4)(A))
    in those language and study areas where deficiencies exist (as
    identified in the assessments undertaken pursuant to section
    806(d));''.
    ---------------------------------------------------------------------------
                              (i) are United States citizens in
                            order to enable such students to study,
                            for at least one academic semester or
                            equivalent term, in foreign countries
                            that are critical countries (as
                            determined under section 803(d)(4)(A))
                            in those languages and study areas
                            where deficiencies exist (as identified
                            in the assessments undertaken pursuant
                            to section 806(d)); and
                              (ii) pursuant to subsection
                            (b)(2)(A), enter into an agreement to
                            work in a national security position or
                            work in the field of higher education
                            in the area of study for which the
                            scholarship was awarded;
                      (B) awarding fellowships to graduate students
                    who--
                              (i) are United States citizens to
                            enable such students to pursue
                            education as part of a graduate degree
                            program of a United States institution
                            of higher education \6\ in the
                            disciplines of foreign languages, area
                            studies, counterproliferation
                            studies,\3\ and other international
                            fields relating to the national
                            security interests of the United States
                            \7\ that are critical areas of those
                            disciplines (as determined under
                            section 803(d)(4)(B)) and in which
                            deficiencies exist (as identified in
                            the assessments undertaken pursuant to
                            section 806(d)); \8\ and
    ---------------------------------------------------------------------------
        \6\ Sec. 404(b)(2) of Public Law 102-496 (106 Stat. 3185) struck
    out ``in the United States'' and inserted in lieu thereof ``as part of
    a graduate degree program of a United States institution of higher
    education''.
        \7\ Sec. 1078(b)(2)(A) of Public Law 104-201 (110 Stat. 2664)
    inserted ``relating to the national security interests of the United
    States'' after ``international fields''.
        \8\ Sec. 311(b)(2)(B) of Public Law 103-178 (107 Stat. 2037) added
    ``and in which deficiencies exist (as identified in the assessments
    undertaken pursuant to section 806(d))''.
    ---------------------------------------------------------------------------
                              (ii) pursuant to subsection
                            (b)(2)(B),\9\ enter into an agreement
                            to work in a national security position
                            or work in \10\ the field of education
                            in the area of study for which the
                            fellowship was awarded; \11\
    ---------------------------------------------------------------------------
        \9\ Sec. 1078(b)(2)(B)(i) of Public Law 104-201 (110 Stat. 2664)
    struck out ``subsection (b)(2)'' and inserted in lieu thereof
    ``subsection (b)(2)(B)''.
        \10\ Sec. 1078(b)(2)(B)(ii) of Public Law 104-201 (110 Stat. 2664)
    struck out ``work for an agency or office of the Federal Government or
    in'' and inserted in lieu thereof ``work in a national security
    position or work in''.
        \11\ Sec. 333(a)(1) of the Intelligence Authorization Act for
    Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2396) struck out
    ``and'' at the end of subpara. (B)(ii), struck out a period at the end
    of subpara. (C) and inserted in lieu thereof ``; and'', and added a new
    subpara. (D). Subsequently, sec. 603(a)(1) of the Intelligence
    Authorization Act for Fiscal Year 2005 (Public Law 108-487; 118 Stat.
    3953) struck out ``and'' at the end of subpara. (C), struck out a
    period at the end of subpara. (D) and inserted in lieu thereof ``;
    and'', and added a new subpara. (E).
    ---------------------------------------------------------------------------
                      (C) awarding grants to institutions of higher
                    education to enable such institutions to
                    establish, operate, or improve programs in
                    foreign languages, area studies,
                    counterproliferation studies,\3\ and other
                    international fields that are critical areas of
                    those disciplines (as determined under section
                    803(d)(4)(C)); \11\
                      (D) \11\ awarding grants to institutions of
                    higher education to carry out activities under
                    the National Flagship Language Initiative
                    (described in subsection (i)); and \11\
                      (E) \11\ awarding scholarships to students
                    who--
                              (i) are United States citizens who--
                                      (I) are native speakers
                                    (referred to as ``heritage
                                    community citizens'') of a
                                    foreign language that is
                                    identified as critical to the
                                    national security interests of
                                    the United States who should be
                                    actively recruited for
                                    employment by Federal security
                                    agencies with a need for
                                    linguists; and
                                      (II) are not proficient at a
                                    professional level in the
                                    English language with respect
                                    to reading, writing, and other
                                    skills required to carry out
                                    the national security interests
                                    of the United States, as
                                    determined by the Secretary,
                    to enable such students to pursue English
                    language studies at an institution of higher
                    education of the United States to attain
                    proficiency in those skills; and
                              (ii) enter into an agreement to work
                            in a position in a similar manner (as
                            determined by the Secretary) as
                            agreements entered into pursuant to
                            subsection (b)(2)(A).
              (2) Funding allocations.--Of the amount available for
            obligation out of the National Security Education Trust
            Fund or from a transfer under section 810(c) \12\ for
            any fiscal year for the purposes stated in paragraph
            (1), the Secretary shall have a goal of allocating--
    ---------------------------------------------------------------------------
        \12\ Sec. 601(b) of the Intelligence Authorization Act for Fiscal
    Year 2005 (Public Law 108-487; 118 Stat. 3952) inserted ``or from a
    transfer under section 810(c)''.
    ---------------------------------------------------------------------------
                      (A) 1/3 of such amount for the awarding of
                    scholarships pursuant to paragraph (1)(A);
                      (B) 1/3 of such amount for the awarding of
                    fellowships pursuant to paragraph (1)(B); and
                      (C) 1/3 of such amount for the awarding of
                    grants pursuant to paragraph (1)(C).
    The funding allocation under this paragraph shall not apply to
    grants under paragraph (1)(D) for the National Flagship
    Language Initiative described in subsection (i) or for the
    scholarship program under paragraph (1)(E).\13\ For the
    authorization of appropriations for the National Flagship
    Language Initiative, see section 811.\14\ For the authorization
    of appropriations for the scholarship program under paragraph
    (1)(E), see section 812.\13\
    ---------------------------------------------------------------------------
        \13\ Sec. 603(a)(2) of the Intelligence Authorization Act for
    Fiscal Year 2005 (Public Law 108-487; 118 Stat. 3954) inserted ``or for
    the scholarship program under paragraph (1)(E)'' and added the final
    sentence of para. (2).
        \14\ Sec. 333(a)(3) of the Intelligence Authorization Act for
    Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2396) added these two
    sentences.
    ---------------------------------------------------------------------------
              (3) Consultation with national security education
            board.--The program required under this title shall be
            carried out in consultation with the National Security
            Education Board established under section 803.
              (4) Contract authority.--The Secretary may enter into
            one or more contracts, with private national
            organizations having an expertise in foreign languages,
            area studies, counterproliferation studies,\3\ and
            other international fields, for the awarding of the
            scholarships, fellowships, and grants described in
            paragraph (1) in accordance with the provisions of this
            title. The Secretary may enter into such contracts
            without regard to section 3709 of the Revised Statutes
            (41 U.S.C. 5) or any other provision of law that
            requires the use of competitive procedures. In
            addition, the Secretary may enter into personal service
            contracts for periods up to one year for program
            administration, except that not more than 10 such
            contracts may be effect at any one time.\15\
    ---------------------------------------------------------------------------
        \15\ Sec. 404(b)(3) of Public Law 102-496 (106 Stat. 3185) added
    the last sentence in para. (4).
    ---------------------------------------------------------------------------
        (b) Service Agreement.--In awarding a scholarship or
    fellowship under the program, the Secretary or contract
    organization referred to in subsection (a)(4), as the case may
    be, shall require a recipient of any fellowship or any
    scholarship \16\ to enter into an agreement that, in return for
    such assistance, the recipient--
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        \16\ Sec. 1078(c)(1) of Public Law 104-201 (110 Stat. 2665) struck
    out ``, or of scholarships that provide assistance for periods that
    aggregate 12 months or more,'' and inserted in lieu thereof ``or any
    scholarship''.
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              (1) will maintain satisfactory academic progress, as
            determined in accordance with regulations issued by the
            Secretary, and agrees that failure to maintain such
            progress shall constitute grounds upon which the
            Secretary or contract organization referred to in
            subsection (a)(4) may terminate such assistance;
              (2) \17\ will--
    ---------------------------------------------------------------------------
        \17\ Sec. 1078(c)(2) of Public Law 104-201 (110 Stat. 2665) amended
    and restated para. (2). It formerly read as follows:
        ``(2) will, upon completion of such recipient's baccalaureate
    degree or education under the program, as the case may be, and in
    accordance with regulations issued by the Secretary, work for the
    Federal Government or in the field of education in the area of study
    for which the scholarship or fellowship was awarded for a period
    specified by the Secretary, which period for the recipients of
    scholarships shall be no more than the same period for which
    scholarship assistance was provided and for the recipients of
    fellowships shall be not less than one and not more than three times
    the period for which the fellowship assistance was provided; and''.
    ---------------------------------------------------------------------------
                      (A) \18\ in the case of a recipient of a
                    scholarship, after the recipient's completion
                    of the study for which scholarship assistance
                    was provided under the program, work in a
                    position in the Department of Defense or other
                    element of the intelligence community that is
                    certified by the Secretary as appropriate to
                    utilize the unique language and region
                    expertise acquired by the recipient pursuant to
                    such study for a period specified by the
                    Secretary, which period shall include one year
                    of service for each year, or portion thereof,
                    for which such scholarship assistance was
                    provided; or
    ---------------------------------------------------------------------------
        \18\ Sec. 925(a) of the National Defense Authorization Act for
    Fiscal Year 2004 (Public Law 108-136; 117 Stat. 1578) struck out
    subparas. (A) and (B) and added new subparas. (A) and (B).
        Sec. 925(b) of Public Law 108-136 further provided that:
        ``(b) Applicability.--(1) The amendment made by subsection (a)
    shall apply with respect to service agreements entered into under the
    David L. Boren National Security Education Act of 1991 on or after the
    date of the enactment of this Act.
        ``(2) The amendment made by subsection (a) shall not affect the
    force, validity, or terms of any service agreement entered into under
    the David L. Boren National Security Education Act of 1991 before the
    date of the enactment of this Act that is in force as of that date.''
        Previously, subparas. (A) and (B) had been amended by sec.
    305(a)(1) of the Intelligence Authorization Act for Fiscal Year 1999
    (Public Law 105-272; 112 Stat. 2400) and sec. 1332 of the Homeland
    Security Act of 2002 (Public Law 107-296; 116 Stat. 2300).
    ---------------------------------------------------------------------------
                      (B) \18\ in the case of a recipient of a
                    fellowship, after the recipient's completion of
                    the study for which the fellowship assistance
                    was provided under the program, work in a
                    position described in subparagraph (A) that is
                    certified by the Secretary as appropriate to
                    utilize the unique language and region
                    expertise acquired by the recipient pursuant to
                    such study for a period specified by the
                    Secretary, which period shall (at the
                    discretion of the Secretary) include not less
                    than one nor more than three years for each
                    year, or portion thereof, for which such
                    fellowship assistance was provided; and
              (3) if the recipient fails to meet either of the
            obligations set forth in paragraph (1) or (2), will
            reimburse the United States Government for the amount
            of the assistance provided the recipient under the
            program, together with interest at a rate determined in
            accordance with regulations issued by the Secretary.
        (c) \19\ Evaluation of Progress in Language Skills.--The
    Secretary shall, through the National Security Education
    Program office, administer a test of the foreign language
    skills of each recipient of a scholarship or fellowship under
    this title before the commencement of the study or education
    for which the scholarship or fellowship is awarded and after
    the completion of such study or education. The purpose of these
    tests is to evaluate the progress made by recipients of
    scholarships and fellowships in developing foreign language
    skills as a result of assistance under this title.
    ---------------------------------------------------------------------------
        \19\ Sec. 1078(d) of Public Law 104-201 (110 Stat. 2665)
    redesignated subsecs. (c), (d), and (e) as subsecs. (d), (e), and (f),
    and added a new subsec. (c).
    ---------------------------------------------------------------------------
        (d) \19\ Distribution of Assistance.--In selecting the
    recipients for awards of scholarships, fellowships, or grants
    pursuant to this title, the Secretary or a contract
    organization referred to in subsection (a)(4), as the case may
    be, shall take into consideration (1) the extent to which the
    selections will result in there being an equitable geographic
    distribution of such scholarships, fellowships, or grants (as
    the case may be) among the various regions of the United
    States, and (2) the extent to which the distribution of
    scholarships and fellowships to individuals reflects the
    cultural, racial, and ethnic diversity of the population of the
    United States.
        (e) \19\ Merit Review.--The Secretary shall award
    scholarships, fellowships, and grants under the program based
    upon a merit review process.
        (f) \20\ Limitation on Use of Program Participants.--No
    person who receives a grant, scholarship, or fellowship or any
    other type of assistance under this title shall, as a condition
    of receiving such assistance or under any other circumstances,
    be used by any department, agency, or entity of the United
    States Government engaged in intelligence activities to
    undertake any activity on its behalf during the period such
    person is pursuing a program of education for which funds are
    provided under the program carried out under this title.
    ---------------------------------------------------------------------------
        \20\ Sec. 404(c) of Public Law 102-496 (106 Stat. 3185) struck out
    subsec. (e) and redesignated subsec. (f) as subsec. (e). Sec.
    1078(d)(1) of Public Law 104-201 (110 Stat. 2665) redesignated subsec.
    (e) as subsec. (f). Former subsec. (e) read as follows:
        ``(e) Administration of Program Through the Defense Intelligence
    College.--The Secretary shall administer the program through the
    Defense Intelligence College.''.
    ---------------------------------------------------------------------------
        (g) \21\ Determination of Agencies and Offices of the
    Federal Government Having National Security Responsibilities.--
    (1) The Secretary, in consultation with the Board, shall
    annually determine and develop a list identifying each agency
    or office of the Federal Government having national security
    responsibilities at which a recipient of a fellowship or
    scholarship under this title will be able to make the
    recipient's foreign area and language skills available to such
    agency or office. The Secretary shall submit the first such
    list to the Congress and include each subsequent list in the
    annual report to the Congress, as required by section
    806(b)(6).
    ---------------------------------------------------------------------------
        \21\ Sec. 1078(f)(2) of Public Law 104-201 (110 Stat. 2666) added
    subsec. (g).
    ---------------------------------------------------------------------------
        (2) Notwithstanding section 804, funds may not be made
    available from the Fund to carry out this title for fiscal year
    1997 until 30 days after the date on which the Secretary of
    Defense submits to the Congress the first such list required by
    paragraph (1).
        (h) \22\ Use of Awards To Attend the Foreign Language
    Center of the Defense Language Institute.--(1) The Secretary
    shall provide for the admission of award recipients to the
    Foreign Language Center of the Defense Language Institute
    (hereinafter in this subsection referred to as the ``Center'').
    An award recipient may apply a portion of the applicable
    scholarship or fellowship award for instruction at the Center
    on a space-available basis as a Department of Defense sponsored
    program to defray the additive instructional costs.
    ---------------------------------------------------------------------------
        \22\ Sec. 332 of the Intelligence Authorization Act for Fiscal Year
    2003 (Public Law 107-306; 116 Stat. 2395) added subsec. (h).
    ---------------------------------------------------------------------------
        (2) Except as the Secretary determines necessary, an award
    recipient who receives instruction at the Center shall be
    subject to the same regulations with respect to attendance,
    discipline, discharge, and dismissal as apply to other persons
    attending the Center.
        (3) In this subsection, the term ``award recipient'' means
    an undergraduate student who has been awarded a scholarship
    under subsection (a)(1)(A) or a graduate student who has been
    awarded a fellowship under subsection (a)(1)(B) who--
              (A) is in good standing;
              (B) has completed all academic study in a foreign
            country, as provided for under the scholarship or
            fellowship; and
              (C) would benefit from instruction provided at the
            Center.
        (i) \23\ National Flagship Language Initiative.--(1) Under
    the National Flagship Language Initiative, institutions of
    higher education shall establish, operate, or improve
    activities designed to train students in programs in a range of
    disciplines to achieve advanced levels of proficiency in those
    foreign languages that the Secretary identifies as being the
    most critical in the interests of the national security of the
    United States.
    ---------------------------------------------------------------------------
        \23\ Sec. 333(a)(2) of the Intelligence Authorization Act for
    Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2396) added subsec.
    (i).
    ---------------------------------------------------------------------------
        (2) An undergraduate student who has been awarded a
    scholarship under subsection (a)(1)(A) or a graduate student
    who has been awarded a fellowship under subsection (a)(1)(B)
    may participate in the activities carried out under the
    National Flagship Language Initiative.
        (3) An institution of higher education that receives a
    grant pursuant to subsection (a)(1)(D) shall give special
    consideration to applicants who are employees of the Federal
    Government.
        (4) For purposes of this subsection, the Foreign Language
    Center of the Defense Language Institute and any other
    educational institution that provides training in foreign
    languages operated by the Department of Defense or an agency in
    the intelligence community is deemed to be an institution of
    higher education, and may carry out the types of activities
    permitted under the National Flagship Language Initiative.
        (5) \24\ An undergraduate or graduate student who
    participates in training in a program under paragraph (1) and
    has not already entered into a service agreement under
    subsection (b) shall enter into a service agreement under
    subsection (b) applicable to an undergraduate or graduate
    student, as the case may be, with respect to participation in
    such training in a program under paragraph (1).
    ---------------------------------------------------------------------------
        \24\ Sec. 602(a) of the Intelligence Authorization Act for Fiscal
    Year 2005 (Public Law 108-487; 118 Stat. 3952) added paras. (5) and
    (6).
    ---------------------------------------------------------------------------
        (6) \24\ (A) An employee of a department or agency of the
    Federal Government who participates in training in a program
    under paragraph (1) shall agree in writing--
              (i) to continue in the service of the department or
            agency of the Federal Government employing the employee
            for the period of such training;
              (ii) to continue in the service of such department or
            agency, following completion by the employee of such
            training, for a period of two years for each year, or
            part of the year, of such training;
              (iii) if, before the completion by the employee of
            such training, the employment of the employee is
            terminated by such department or agency due to
            misconduct by the employee, or by the employee
            voluntarily, to reimburse the United States for the
            total cost of such training (excluding the employee's
            pay and allowances) provided to the employee; and
              (iv) if, after the completion by the employee of such
            training but before the completion by the employee of
            the period of service required by clause (ii), the
            employment of the employee by such department or agency
            is terminated either by such department or agency due
            to misconduct by the employee, or by the employee
            voluntarily, to reimburse the United States in an
            amount that bears the same ratio to the total cost of
            such training (excluding the employee's pay and
            allowances) provided to the employee as the unserved
            portion of such period of service bears to the total
            period of service required by clause (ii).
        (C) Subject to subparagraph (D), the obligation to
    reimburse the United States under an agreement under
    subparagraph (A) is for all purposes a debt owing the United
    States.
        (D) The head of the element of the intelligence community
    concerned may release an employee, in whole or in part, from
    the obligation to reimburse the United States under an
    agreement under subparagraph (A) when, in the discretion of the
    head of the element, the head of the element determines that
    equity or the interests of the United States so require.

    SEC. 803.\25\ NATIONAL SECURITY EDUCATION BOARD.

        (a) Establishment.--The Secretary of Defense shall
    establish a National Security Education Board.
    ---------------------------------------------------------------------------
        \25\ 50 U.S.C. 1903.
    ---------------------------------------------------------------------------
        (b) Composition.--The Board shall be composed of the
    following individuals or the representatives of such
    individuals:
              (1) The Secretary of Defense, who shall serve as the
            chairman of the Board.
              (2) The Secretary of Education.
              (3) The Secretary of State.
              (4) The Secretary of Commerce.
              (5) The Director of Central Intelligence.
              (6) \26\ The Chairperson of the National Endowment
            for the Humanities.
    ---------------------------------------------------------------------------
        \26\ Sec. 1335(g)(1) of the Omnibus Consolidated and Emergency
    Supplemental Appropriations Act, 1999 (Public Law 107-277); 112 Stat.
    2681-788) struck out para. (6), which referred to the Secretary of
    Energy, and redesignated paras. (7) and (8) as paras. (6) and (7).
        Previously, sec. 305(b) of the Intelligence Authorization Act for
    Fiscal Year 1999 (Public Law 105-272; 112 Stat. 2401) amended para. (6)
    by striking out ``The Director of the United States Information
    Agency'' and inserting in lieu thereof ``Secretary of Energy''.
        Prior to this, sec. 404(d) of Public Law 102-496 (106 Stat. 3186)
    redesignated former para. (7) as para. (8), inserted new para. (7), and
    further amended newly designated para. (8), by striking ``Four'' and
    inserting in lieu thereof ``Six'', and by inserting at the end of para.
    (8) the following before the period: ``and who may not be officers or
    employees of the Federal Government''.
    ---------------------------------------------------------------------------
              (7) \26\ Six \26\ individuals appointed by the
            President, by and with the advice and consent of the
            Senate, who shall be experts in the fields of
            international, language, area, and counterproliferation
            \27\ studies education and who may not be officers or
            employees of the Federal Government.\26\
    ---------------------------------------------------------------------------
        \27\ Sec. 305(a)(3) of the Intelligence Authorization Act for
    Fiscal Year 1999 (Public Law 105-272; 112 Stat. 2401) struck out ``and
    area'' and inserted in lieu thereof ``area, and counterproliferation''.
    ---------------------------------------------------------------------------
        (c) Term of Appointees.--Each individual appointed to the
    Board pursuant to subsection (b)(6) \28\ shall be appointed for
    a period specified by the President at the time of the
    appointment, but not to exceed four years. Such individuals
    shall receive no compensation for service on the Board but may
    receive reimbursement for travel and other necessary expenses.
    ---------------------------------------------------------------------------
        \28\ Sec. 1335(g)(2) of the Omnibus Consolidated and Emergency
    Supplemental Appropriations Act, 1999 (Public Law 107-277); 112 Stat.
    2681-788) struck out ``subsection (b)(7)'' and inserted in lieu thereof
    ``subsection (b)(6)''.
    ---------------------------------------------------------------------------
        (d) Functions.--The Board shall perform the following
    functions:
              (1) Develop criteria for awarding scholarships,
            fellowships, and grants under this title, including an
            order of priority in such awards that favors
            individuals expressing an interest in national security
            issues or pursuing a career in a national security
            position.\29\
    ---------------------------------------------------------------------------
        \29\ Sec. 1078(e)(1) of Public Law 104-201 (110 Stat. 2666)
    inserted ``, including an order of priority in such awards that favors
    individuals expressing an interest in national security issues or
    pursuing a career in a national security position''.
    ---------------------------------------------------------------------------
              (2) Provide for wide dissemination of information
            regarding the activities assisted under this title.
              (3) Establish qualifications for students desiring
            scholarships or fellowships, and institutions of higher
            education desiring grants, under this title, including,
            in the case of students desiring a scholarship or
            fellowship, a requirement that the student have a
            demonstrated commitment to the study of the discipline
            for which the scholarship or fellowship is to be
            awarded.
              (4) After taking into account the annual analyses of
            trends in language, international, area, and
            counterproliferation \27\ studies under section
            806(b)(1), make recommendations \30\ to the Secretary
            regarding--
    ---------------------------------------------------------------------------
        \30\ Sec. 1078(e)(2)(A) of Public Law 104-201 (110 Stat. 2666)
    struck out ``Make recommendations'' and inserted in lieu thereof
    ``After taking into account the annual analyses of trends in language,
    international, and area studies under section 806(b)(1), make
    recommendations''.
    ---------------------------------------------------------------------------
                      (A) which countries are not emphasized in
                    other United States study abroad programs, such
                    as countries in which few United States
                    students are studying and countries which are
                    of importance to the national security
                    interests of the United States,\31\ and are,
                    therefore, critical countries for the purposes
                    of section 802(a)(1)(A);
    ---------------------------------------------------------------------------
        \31\ Sec. 1078(e)(2)(B) of Public Law 104-201 (110 Stat. 2666)
    inserted ``and countries which are of importance to the national
    security interests of the United States''.
    ---------------------------------------------------------------------------
                      (B) which areas within the disciplines
                    described in section 802(a)(1)(B) relating to
                    the national security interests of the United
                    States \32\ are areas of study in which United
                    States students are deficient in learning and
                    are, therefore, critical areas within those
                    disciplines for the purposes of that section;
    ---------------------------------------------------------------------------
        \32\ Sec. 1078(e)(2)(C) of Public Law 104-201 (110 Stat. 2666)
    inserted ``relating to the national security interests of the United
    States''.
    ---------------------------------------------------------------------------
                      (C) which areas within the disciplines
                    described in section 802(a)(1)(C) are areas in
                    which United States students, educators, and
                    Government employees are deficient in learning
                    and in which insubstantial numbers of United
                    States institutions of higher education provide
                    training and are, therefore, critical areas
                    within those disciplines for the purposes of
                    that section; \33\
    ---------------------------------------------------------------------------
        \33\ Sec. 333(a)(4) of the Intelligence Authorization Act for
    Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2396) struck out
    ``and'' at the end of subpara. (C), struck out a period at the end of
    subpara. (D) and inserted in lieu thereof ``; and'', and added a new
    subpara. (E).
    ---------------------------------------------------------------------------
                      (D) how students desiring scholarships or
                    fellowships can be encouraged to work for an
                    agency or office of the Federal Government
                    involved in national security affairs or
                    national security policy upon completion of
                    their education; and \33\
                      (E) \33\ which foreign languages are critical
                    to the national security interests of the
                    United States for purposes of section
                    802(a)(1)(D) (relating to grants for the
                    National Flagship Language Initiative).
              (5) \34\ Encourage applications for fellowships under
            this title from graduate students having an educational
            background in any academic discipline, particularly in
            the areas of science or technology.
    ---------------------------------------------------------------------------
        \34\ Sec. 1078(e) of Public Law 104-201 (110 Stat. 2666)
    redesignated para. (5) as para. (8), and added new paras. (5), (6), and
    (7).
    ---------------------------------------------------------------------------
              (6) \34\ Provide the Secretary biennially with a list
            of scholarship recipients and fellowship recipients,
            including an assessment of their foreign area and
            language skills, who are available to work in a
            national security position.
              (7) \34\ Not later than 30 days after a scholarship
            or fellowship recipient completes the study or
            education for which assistance was provided under the
            program, provide the Secretary with a report fully
            describing the foreign area and language skills
            obtained by the recipient as a result of the
            assistance.
              (8) \34\ Review the administration of the program
            required under this title.

    SEC. 804.\35\ NATIONAL SECURITY EDUCATION TRUST FUND.

        (a) Establishment of Fund.--There is established in the
    Treasury of the United States a trust fund to be known as the
    ``National Security Education Trust Fund''. The assets of the
    Fund consist of amounts appropriated to the Fund and amounts
    credited to the Fund under subsection (e).
    ---------------------------------------------------------------------------
        \35\ 50 U.S.C. 1904.
    ---------------------------------------------------------------------------
        (b) \36\ Availability of Sums in the Fund.--Sums in the
    Fund shall, to the extent provided in appropriations Acts, be
    available--
    ---------------------------------------------------------------------------
        \36\ Sec. 375(b) of Public Law 103-160 (107 Stat. 1637) struck out
    para. designation ``(1)'', struck out para. (2), and redesignated
    clauses (A) and (B) as paras. (1) and (2). Former para. (2) had read as
    follows:
        ``(2) No amount may be appropriated to the Fund, or obligated from
    the Fund, unless authorized by law.''.
    ---------------------------------------------------------------------------
              (1) for awarding scholarships, fellowships, and
            grants in accordance with the provisions of this title;
            and
              (2) for properly allocable costs of the Federal
            Government for the administration of the program under
            this title.
        (c) Investment of Fund Assets.--The Secretary of the
    Treasury shall invest in full the amount in the Fund that is
    not immediately necessary for expenditure.\37\ Such investments
    may be made only in interest-bearing obligations of the United
    States or in obligations guaranteed as to both principal and
    interest by the United States. For such purpose, such
    obligations may be acquired on original issue at the issue
    price or by purchase of outstanding obligations at the market
    price. The purposes for which obligations of the United States
    may be issued under chapter 31 of title 31, United States Code,
    are hereby extended to authorize the issuance at par of special
    obligations exclusively to the Fund. Such special obligations
    shall bear interest at a rate equal to the average rate of
    interest, computed as to the end of the calendar month next
    preceding the date of such issue, borne by all marketable
    interest-bearing obligations of the United States then forming
    a part of the public debt, except that where such average rate
    is not a multiple of 1/8 of 1 percent, the rate of interest of
    such special obligations shall be the multiple of 1/8 of 1
    percent next lower than such average rate. Such special
    obligations shall be issued only if the Secretary of the
    Treasury determines that the purchases of other interest-
    bearing obligations of the United States, or of obligations
    guaranteed as to both principal and interest by the United
    States or original issue or at the market price, is not in the
    public interest.
    ---------------------------------------------------------------------------
        \37\ Sec. 404(e) of Public Law 102-496 (106 Stat. 3186) struck out
    ``obligation'' and inserted in lieu thereof ``expenditure''.
    ---------------------------------------------------------------------------
        (d) Authority To Sell Obligations.--Any obligation acquired
    by the Fund (except special obligations issued exclusively to
    the Fund) may be sold by the Secretary of the Treasury at the
    market price, and such special obligations may be redeemed at
    par plus accrued interest.
        (e) Amounts Credited to Fund.--(1) The interest on, and the
    proceeds from the sale or redemption of, any obligations held
    in the Fund shall be credited to and form a part of the Fund.
        (2) Any amount paid to the United States under section
    802(b)(3) shall be credited to and form a part of the Fund.
        (3) \38\ any gifts of money shall be credited to and form a
    part of the Fund.
    ---------------------------------------------------------------------------
        \38\ Sec. 375(a) of Public Law 103-160 (107 Stat. 1637) added para.
    (3).
    ---------------------------------------------------------------------------

    SEC. 805.\39\ REGULATIONS AND ADMINISTRATIVE PROVISIONS \40\

        (a) Regulations.--The Secretary may prescribe regulations
    to carry out the program required by this title. Before
    prescribing any such regulations, the Secretary shall submit a
    copy of the proposed regulations to the Select Committee on
    Intelligence of the Senate and the Permanent Select Committee
    on Intelligence of the House of Representatives. Such proposed
    regulations may not take effect until 30 days after the date on
    which they are submitted to those committees.
    ---------------------------------------------------------------------------
        \39\ 50 U.S.C. 1905.
        \40\ Enrolled without a period.
    ---------------------------------------------------------------------------
        (b) Acceptance and Use of Gifts.--In order to conduct the
    program required by this title, the Secretary may--
              (1) receive money and other property donated,
            bequeathed, or devised, without condition or
            restriction other than that it be used for the purpose
            of conducting the program required by this title; and
              (2) may use, sell, or otherwise dispose of such
            property for that purpose.
        (c) Voluntary Services.--In order to conduct the program
    required by this title, the Secretary may accept and use the
    services of voluntary and noncompensated personnel.
        (d) Necessary Expenditures.--Expenditures necessary to
    conduct the program required by this title shall be paid from
    the Fund, subject to section 804(b).

    SEC. 806.\41\ ANNUAL REPORT.

        (a) Annual Report.--(1) \42\ The Secretary shall submit to
    the President and to the congressional intelligence committees
    \42\ an annual report of the conduct of the program required by
    this title.
    ---------------------------------------------------------------------------
        \41\ 50 U.S.C. 1906.
        \42\ Sec. 811(a)(7)(A) of the Intelligence Authorization Act for
    Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2425) redesignated the
    first and second sentences of subsec. (a) as paras. (1) and (2), added
    a new para. (3), struck out ``the Congress'' in para. (1) and inserted
    in lieu thereof ``congressional intelligence committees'', and inserted
    ``submitted to the President'' in para. (2).
    ---------------------------------------------------------------------------
        (2) \42\ The report submitted to the President \42\ shall
    be submitted each year at the time that the President's budget
    for the next fiscal year is submitted to Congress pursuant to
    section 1105 of title 31, United States Code.
        (3) \42\ The report submitted to the congressional
    intelligence committees shall be submitted on the date provided
    in section 507 of the National Security Act of 1947.
        (b) Contents of Report.--Each such report shall contain--
              (1) an analysis of the trends within language,
            international, area, and counterproliferation \27\
            studies, along with a survey of such areas as the
            Secretary determines are receiving inadequate
            attention;
              (2) the effect on those trends of activities under
            the program required by this title;
              (3) an analysis of the assistance provided under the
            program for the previous fiscal year, to include the
            subject areas being addressed and the nature of the
            assistance provided;
              (4) an analysis of the performance of the individuals
            who received assistance under the program during the
            previous fiscal year, to include the degree to which
            assistance was terminated under the program and the
            extent to which individual recipients failed to meet
            their obligations under the program;
              (5) an analysis of the results of the program for the
            previous fiscal year, and cumulatively, to include, at
            a minimum--
                      (A) the percentage of individuals who have
                    received assistance under the program who
                    subsequently became employees of the United
                    States Government;
                      (B) in the case of individuals who did not
                    subsequently become employees of the United
                    States Government, an analysis of the reasons
                    why they did not become employees and an
                    explanation as to what use, if any, was made of
                    the assistance by those recipients; and
                      (C) the uses made of grants to educational
                    institutions; \43\
    ---------------------------------------------------------------------------
        \43\ Sec. 1078(f)(3) of Public Law 104-201 (110 Stat. 2667) struck
    out ``and'' at the end of subpara. (C), redesignated para. (6) as para.
    (7), and added a new para. (6).
    ---------------------------------------------------------------------------
              (6) \43\ the current list of agencies and offices of
            the Federal Government required to be developed by
            section 802(g); and
              (7) \43\ any legislative changes recommended by the
            Secretary to facilitate the administration of the
            program or otherwise to enhance its objectives.
        (c) Submission of Initial Report.--The first report under
    this section shall be submitted at the time the budget for
    fiscal year 1994 is submitted to Congress.
        (d) \44\ Consultation.--During the preparation of each
    report required by subsection (a), the Secretary shall consult
    with the members of the Board specified in paragraphs (1)
    through (7) of section 803(b). Each such member shall submit to
    the Secretary an assessment of their hiring needs in the areas
    of language and area studies and a projection of the
    deficiencies in such areas. The Secretary shall include all
    assessments in the report required by subsection (a).
    ---------------------------------------------------------------------------
        \44\ Sec. 311(b)(1) of Public Law 103-178 (107 Stat. 2037) added
    subsec. (d).
    ---------------------------------------------------------------------------

    SEC. 807.\45\ GENERAL ACCOUNTING OFFICE AUDITS.\46\

        The conduct of the program required by this title may be
    audited by the General Accounting Office \46\ under such rules
    and regulations as may be prescribed by the Comptroller General
    of the United States. Representatives of the General Accounting
    Office \46\ shall have access to all books, accounts, records,
    reports, and files and all other papers, things, or property of
    the Department of Defense pertaining to such activities and
    necessary to facilitate the audit.
    ---------------------------------------------------------------------------
        \45\ 50 U.S.C. 1907.
        \46\ Sec. 8(b) of the GAO Human Capital Reform Act of 2004 (Public
    Law 108-271; 118 Stat. 814) provided that ``Any reference to the
    General Accounting Office in any law, rule, regulation, certificate,
    directive, instruction, or other official paper in force on the date of
    enactment of this Act shall be considered to refer and apply to the
    Government Accountability Office.''
    ---------------------------------------------------------------------------

    SEC. 808.\47\ DEFINITIONS.

        For the purpose of this title:
    ---------------------------------------------------------------------------
        \47\ 50 U.S.C. 1908.
    ---------------------------------------------------------------------------
              (1) The term ``Board'' means the National Security
            Education Board established pursuant to section 803.
              (2) The term ``Fund'' means the National Security
            Education Trust Fund established pursuant to section
            804.
              (3) The term ``institution of higher education'' has
            the meaning given that term by section 101 \48\ of the
            Higher Education Act of 1965.\48\
    ---------------------------------------------------------------------------
        \48\ Sec. 102(a)(15) of the Higher Education Amendments of 1998
    (Public Law 105-244; 112 Stat. 1622) struck out ``1201(a)'' and
    inserted in lieu thereof ``101'', and struck out ``(20 U.S.C.
    1141(a))'' at the end of para. (3).
    ---------------------------------------------------------------------------
              (4) \49\ The term ``national security position''
            means a position--
    ---------------------------------------------------------------------------
        \49\ Sec. 1078(f)(1) of Public Law 104-201 (110 Stat. 2666) added
    para. (4).
    ---------------------------------------------------------------------------
                      (A) having national security responsibilities
                    in a \50\ agency or office of the Federal
                    Government that has national security
                    responsibilities, as determined under section
                    802(g); and
    ---------------------------------------------------------------------------
        \50\ As enrolled.
    ---------------------------------------------------------------------------
                      (B) in which the individual in such position
                    makes their foreign language skills available
                    to such agency or office.
              (5) \51\ The term ``congressional intelligence
            committees'' means--
    ---------------------------------------------------------------------------
        \51\ Sec. 811(a)(7)(B) of the Intelligence Authorization Act for
    Fiscal Year 2003 (Public Law 107-306; 116 Stat. 2426) added para. (5).
    ---------------------------------------------------------------------------
                      (A) the Select Committee on Intelligence of
                    the Senate; and
                      (B) the Permanent Select Committee on
                    Intelligence of the House of Representatives.

    SEC. 809.\52\ FISCAL YEAR 1992 FUNDING.

        (a) Authorization of Appropriations to the Fund.--There is
    hereby authorized to be appropriated to the Fund for fiscal
    year 1992 the sum of $150,000,000.\53\
    ---------------------------------------------------------------------------
        \52\ 50 U.S.C. 1909.
        \53\ Sec. 404(f) of Public Law 102-496 (106 Stat. 3186) provided
    the following new authorization:
        ``(f) Authorization of Appropriations.--There is authorized to be
    appropriated for fiscal year 1993 to the National Security Education
    Trust Fund established by section 804 of the David L. Boren National
    Security Education Act of 1991 (50 U.S.C. 1904) the sum of
    $30,000,000.''.
        Title VII of the Department of Defense Appropriations Act, 1992
    (Public Law 102-172; 105 Stat. 1170), provided the following:
    ---------------------------------------------------------------------------

    ``National Security Education Trust Fund
    ---------------------------------------------------------------------------

        ``Of the funds appropriated in this Act, $150,000,000 shall be made
    available only for the National Security Education Trust Fund pursuant
    to the provisions of title VIII of the Intelligence Authorization Act
    (H.R. 2038), for fiscal year 1992.''.
        Public Law 104-6 (109 Stat. 79) rescinded $75,000,000 of the funds
    made available for the National Security Education Trust Fund under
    Public Law 102-172.
    ---------------------------------------------------------------------------
        (b) Authorization of Obligations From the Fund.--During
    fiscal year 1992, there may be obligated from the Fund such
    amounts as may be provided in appropriations Acts, not to
    exceed $35,000,000. Amounts made available for obligation from
    the Fund for fiscal year 1992 shall remain available until
    expended.

    SEC. 810.\54\ FUNDING.

        (a) \55\ Fiscal Years 1993 and 1994.--Amounts appropriated
    to carry out this title for fiscal years 1993 and 1994 shall
    remain available until expended.
    ---------------------------------------------------------------------------
        \54\ 50 U.S.C. 1910. Sec. 311(c) of Public Law 103-178 (107 Stat.
    2037) added sec. 810.
        \55\ Appropriations: FY1993--$10 million (Supplemental
    Appropriations Act of 1993; Public Law 103-50; 107 Stat. 249); FY1994--
    $10 million (Public Law 103-139; 107 Stat. 1437); FY1995--$8.5 million
    (Public Law 335; 108 Stat. 2616); FY1996--$7.5 million (Public Law 104-
    61; 109 Stat. 651); FY1997--$5.1 million (Public Law 104-208; 110 Stat.
    3009); FY1998--$2 million (Public Law 105-56; 112 Stat. 1219); FY1999--
    $3 million (Public Law 105-262; 112 Stat. 2296; FY2000--$8 million
    (Public Law 106-79; 113 Stat. 1230); FY2001--$6.95 million (Public Law
    106-259; 114 Stat. 674); FY2002--$8 million (Public Law 107-117; 115
    Stat. 2247); FY2003--$8 million (Public Law 107-248; 116 Stat. 1536);
    FY2004--$8 million (Public Law 108-87; 117 Stat. 1071); and FY2005--$8
    million (Public Law 108-287; 118 Stat. 968).
        Public Law 104-61 further provided: ``That any individual accepting
    a scholarship or fellowship from the program agrees to be employed by
    the Department of Defense or the Intelligence Community in accordance
    with Federal employment standards.''.
    ---------------------------------------------------------------------------
        (b) Fiscal Years 1995 and 1996.--There is authorized to be
    appropriated from, and may be obligated from, the Fund for each
    of the fiscal years 1995 and 1996 not more than the amount
    credited to the Fund in interest only for the preceding fiscal
    year under section 804(e).
        (c) \56\ Funding From Intelligence Community Management
    Account for Fiscal Years Beginning With Fiscal Year 2005.--In
    addition to amounts that may be made available to the Secretary
    under the Fund for a fiscal year, the Director of National
    Intelligence shall transfer to the Secretary from amounts
    appropriated for the Intelligence Community Management Account
    for each fiscal year, beginning with fiscal year 2005,
    $8,000,000 to carry out the scholarship, fellowship, and grant
    programs under subparagraphs (A), (B), and (C), respectively,
    of section 802(a)(1).
    ---------------------------------------------------------------------------
        \56\ Sec. 601(a) of the Intelligence Authorization Act for Fiscal
    Year 2005 (Public Law 108-487; 118 Stat. 3951) added subsec. (c).
                       14. Inspector General Act of 1978

    Partial text of Public Law 95-452 [H.R. 8588], 99 Stat. 1101, approved
                          October 12, 1978, as amended

                        Title 5 App. United States Code

    Sec. 1. Short title

        That this Act be cited as the ``Inspector General Act of
    1978''.\1\
    ---------------------------------------------------------------------------
        \1\ 5 U.S.C. App.
    ---------------------------------------------------------------------------

    Sec. 2. Purpose and establishment of Offices of Inspector General;
                        departments and agencies involved

        In order to create independent and objective units--
              (1) to conduct and supervise audits and
            investigations relating to programs and operations of
            the establishments listed in section 11(2);
              (2) to provide leadership and coordination and
            recommend policies for activities designed (A) to
            promote economy, efficiency, and effectiveness in the
            administration of, and (B) to prevent and detect fraud
            and abuse in, such programs and operations; and
              (3) to provide a means for keeping the head of the
            establishment and the Congress fully and currently
            informed about problems and deficiencies relating to
            the administration of such programs and operations and
            the necessity for and progress of corrective action;
    there is established--
              (A) in each of such establishments an office of
            Inspector General, subject to subparagraph (B); and
              (B) in the establishment of the Department of the
            Treasury--
                      (i) an Office of Inspector General of the
                    Department of the Treasury; and
                      (ii) an Office of Treasury Inspector General
                    for Tax Administration.

    Sec. 3. Appointment of Inspectors General: supervision; removal;
                        political activities; appointment of Assistant
                        Inspector General for Auditing and Assistant
                        Inspector General for Investigations

        (a) There shall be at the head of each Office an Inspector
    General who shall be appointed by the President, by and with
    the advice and consent of the Senate, without regard to
    political affiliation and solely on the basis of integrity and
    demonstrated ability in accounting, auditing, financial
    analysis, law, management analysis, public administration, or
    investigations. Each Inspector General shall report to and be
    under the general supervision of the head of the establishment
    involved or, to the extent such authority is delegated, the
    officer next in rank below such head, but shall not report to,
    or be subject to supervision by, any other officer of such
    establishment. Neither the head of the establishment nor the
    officer next in rank below such head shall prevent or prohibit
    the Inspector General from initiating, carrying out, or
    completing any audit or investigation, or from issuing any
    subpoena during the course of any audit or investigation.
        (b) An Inspector General may be removed from office by the
    President. The President shall communicate the reasons for any
    such removal to both Houses of Congress.
        (c) For the purposes of section 7324 of Title 5, United
    States Code, no Inspector General shall be considered to be an
    employee who determines policies to be pursued by the United
    States in the nationwide administration of Federal laws.
        (d) Each Inspector General shall, in accordance with
    applicable laws and regulations governing the civil service--
              (1) appoint an Assistant Inspector General for
            Auditing who shall have the responsibility for
            supervising the performance of auditing activities
            relating to programs and operations of the
            establishment, and
              (2) appoint an Assistant Inspector General for
            Investigations who shall have the responsibility for
            supervising the performance of investigative activities
            relating to such programs and operations.

    Sec. 4. Duties and responsibilities; report of criminal violations to
                        Attorney General

        (a) It shall be the duty and responsibility of each
    Inspector General, with respect to the establishment within
    which his Office is established--
              (1) to provide policy direction for and to conduct,
            supervise, and coordinate audits and investigations
            relating to the programs and operations of such
            establishment;
              (2) to review existing and proposed legislation and
            regulations relating to programs and operations of such
            establishment and to make recommendations in the
            semiannual reports required by section 5(a) concerning
            the impact of such legislation or regulations on the
            economy and efficiency in the administration of
            programs and operations administered or financed by
            such establishment or the prevention and detection of
            fraud and abuse in such programs and operations;
              (3) to recommend policies for, and to conduct,
            supervise, or coordinate other activities carried out
            or financed by such establishment for the purpose of
            promoting economy and efficiency in the administration
            of, or preventing and detecting fraud and abuse in, its
            programs and operations;
              (4) to recommend policies for, and to conduct,
            supervise, or coordinate relationships between such
            establishment and other Federal agencies, State and
            local governmental agencies, and non-governmental
            entities with respect to (A) all matters relating to
            the promotion of economy and efficiency in the
            administration of, or the prevention and detection of
            fraud and abuse in, programs and operations
            administered or financed by such establishment, or (B)
            the identification and prosecution of participants in
            such fraud or abuse; and
              (5) to keep the head of such establishment and the
            Congress fully and currently informed, by means of the
            reports required by section 5 and otherwise, concerning
            fraud and other serious problems, abuses, and
            deficiencies relating to the administration of programs
            and operations administered or financed by such
            establishment, to recommend corrective action
            concerning such problems, abuses, and deficiencies, and
            to report on the progress made in implementing such
            corrective action.
        (b)(1) In carrying out the responsibilities specified in
    subsection (a)(1), each Inspector General shall--
              (A) comply with standards established by the
            Comptroller General of the United States for audits of
            Federal establishments, organizations, programs,
            activities, and functions;
              (B) establish guidelines for determining when it
            shall be appropriate to use non-Federal auditors; and
              (C) take appropriate steps to assure that any work
            performed by non-Federal auditors complies with the
            standards established by the Comptroller General as
            described in paragraph (1).
        (2) For purposes of determining compliance with paragraph
    (1)(A) with respect to whether internal quality controls are in
    place and operating and whether established audit standards,
    policies, and procedures are being followed by Offices of
    Inspector General of establishments defined under section
    11(2), Offices of Inspector General of designated Federal
    entities defined under section 8E(a)(2), and any audit office
    established within a Federal entity defined under section
    8E(a)(1), reviews shall be performed exclusively by an audit
    entity in the Federal Government, including the General
    Accountability Office or the Office of Inspector General of
    each establishment defined under section 11(2), or the Office
    of Inspector General of each designated Federal entity defined
    under section 8E(a)(2).
        (c) In carrying out the duties and responsibilities
    established under this Act, each Inspector General shall give
    particular regard to the activities of the Comptroller General
    of the United States with a view toward avoiding duplication
    and insuring effective coordination and cooperation.
        (d) In carrying out the duties and responsibilities
    established under this Act, each Inspector General shall report
    expeditiously to the Attorney General whenever the Inspector
    General has reasonable grounds to believe there has been a
    violation of Federal criminal law.

    Sec. 5. Semiannual reports; transmittal to Congress; availability to
                        public; immediate report on serious or flagrant
                        problems

        (a) Each Inspector General shall, not later than April 30
    and October 31 of each year, prepare semiannual reports
    summarizing the activities of the Office during the immediately
    preceding six-month periods ending March 31 and September 30.
    Such reports shall include, but need not be limited to--
              (1) a description of significant problems, abuses,
            and deficiencies relating to the administration of
            programs and operations of such establishment disclosed
            by such activities during the reporting period;
              (2) a description of the recommendations for
            corrective action made by the Office during the
            reporting period with respect to significant problems,
            abuses, or deficiencies identified pursuant to
            paragraph (1);
              (3) an identification of each significant
            recommendation described in previous semiannual reports
            on which corrective action has not been completed;
              (4) a summary of matters referred to prospective
            authorities and the prosecutions and convictions which
            have resulted;
              (5) a summary of each report made to the head of the
            establishment under section 6(b)(2) during the
            reporting period;
              (6) a listing, subdivided according to subject
            matter, of each audit report issued by the Office
            during the reporting period and for each audit report,
            where applicable, the total dollar value of questioned
            costs (including a separate category for the dollar
            value of unsupported costs) and the dollar value of
            recommendations that funds be put to better use;
              (7) a summary of each particularly significant
            report;
              (8) statistical tables showing the total number of
            audit reports and the total dollar value of questioned
            costs (including a separate category for the dollar
            value of supported costs), for audit reports--
                      (A) for which no management decision had been
                    made by the commencement of the reporting
                    period;
                      (B) which were issued during the reporting
                    period;
                      (C) for which a management decision was made
                    during the reporting period, including--
                              (i) the dollar value of disallowed
                            costs; and
                              (ii) the dollar value of costs not
                            disallowed; and
                      (D) for which no management decision has been
                    made by the end of the reporting period;
              (9) statistical tables showing the total number of
            audit reports and the dollar value of recommendations
            that funds be put to better use by management, for
            audit reports--
                      (A) for which no management decision had been
                    made by the commencement of the reporting
                    period;
                      (B) which were issued during the reporting
                    period;
                      (C) for which a management decision was made
                    during the reporting period, including--
                              (i) the dollar value of
                            recommendations that were agreed to by
                            management; and
                              (ii) the dollar value of
                            recommendations that were not agreed to
                            by management; and
                      (D) for which no management decision has been
                    made by the end of the reporting period;
              (10) a summary of each audit report issued before the
            commencement of the reporting period for which no
            management decision has been made by the end of the
            reporting period (including the date and title of each
            such report), an explanation of the reasons such
            management decision has not been made, and a statement
            concerning the desired timetable for achieving a
            management decision on each such report;
              (11) a description and explanation of the reasons for
            any significant revised management decision made during
            the reporting period; and
              (12) information concerning any significant
            management decision with which the Inspector General is
            in disagreement.
        (b) Semiannual reports of each Inspector General shall be
    furnished to the head of the establishment involved not later
    than April 30 and October 31 of each year and shall be
    transmitted by such head to the appropriate committees or
    subcommittees of the Congress within thirty days after receipt
    of the report, together with a report by the head of the
    establishment containing--
              (1) any comments such head determines appropriate;
              (2) statistical tables showing the total number of
            audit reports and the dollar value of disallowed costs,
            for audit reports--
                      (A) for which final action had not been taken
                    by the commencement of the reporting period;
                      (B) on which management decisions were made
                    during the reporting period;
                      (C) for which final action was taken during
                    the reporting period, including--
                              (i) the dollar value of disallowed
                            costs that were recovered by management
                            through collection, offset, property in
                            lieu of cash, or otherwise; and
                              (ii) the dollar value of disallowed
                            costs that were written off by
                            management; and
                      (D) for which no final action has been taken
                    by the end of the reporting period;
              (3) statistical tables showing the total number of
            audit reports and the dollar value of recommendations
            that funds be put to better use by management agreed to
            in a management decision, for audit reports--
                      (A) for which final action had not been taken
                    by the commencement of the reporting period;
                      (B) on which management decisions were made
                    during the reporting period;
                      (C) for which final action was taken during
                    the reporting period, including--
                              (i) the dollar value of
                            recommendations that were actually
                            completed; and
                              (ii) the dollar value of
                            recommendations that management has
                            subsequently concluded should not or
                            could not be implemented or completed;
                            and
                      (D) for which no final action has been taken
                    by the end of the reporting period; and
              (4) a statement with respect to audit reports on
            which management decisions have been made but final
            action has not been taken, other than audit reports on
            which a management decision was made within the
            preceding year, containing--
                      (A) a list of such audit reports and the date
                    each such report was issued;
                      (B) the dollar value of disallowed costs for
                    each report;
                      (C) the dollar value of recommendations that
                    funds be put to better use agreed to by
                    management for each report; and
                      (D) an explanation of the reasons final
                    action has not been taken with respect to each
                    such audit report, except that such statement
                    may exclude such audit reports that are under
                    formal administrative or judicial appeal or
                    upon which management of an establishment has
                    agreed to pursue a legislative solution, but
                    shall identify the number of reports in each
                    category so excluded.
        (c) Within sixty days of the transmission of the semiannual
    reports of each Inspector General to the Congress, the head of
    each establishment shall make copies of such report available
    to the public upon request and at a reasonable cost. Within 60
    days after the transmission of the semiannual reports of each
    establishment head to the Congress, the head of each
    establishment shall make copies of such report available to the
    public upon request and at a reasonable cost.
        (d) Each Inspector General shall report immediately to the
    head of the establishment involved whenever the Inspector
    General becomes aware of particularly serious or flagrant
    problems, abuses, or deficiencies relating to the
    administration of programs and operations of such
    establishment. The head of the establishment shall transmit any
    such report to the appropriate committees or subcommittees of
    Congress within seven calendar days, together with a report by
    the head of the establishment containing any comments such head
    deems appropriate.
        (e)(1) Nothing in this section shall be construed to
    authorize the public disclosure of information which is--
              (A) specifically prohibited from disclosure by any
            other provision of law;
              (B) specifically required by Executive order to be
            protected from disclosure in the interest of national
            defense of national security or in the conduct of
            foreign affairs; or
              (C) a part of an ongoing criminal investigation.
        (2) Notwithstanding paragraph (1)(C), any report under this
    section may be disclosed to the public in a form which includes
    information with respect to a part of an ongoing criminal
    investigation if such information has been included in a public
    record.
        (3) Except to the extent and in the manner provided under
    section 6103(f) of the Internal Revenue Code of 1986, nothing
    in this section or in any other provision of this Act shall be
    construed to authorize or permit the withholding of information
    from the Congress, or from any committee or subcommittee
    thereof.
        (f) as used in this section--
              (1) the term ``questioned costs'' means a costs that
            is questioned by the Office because of--
                      (A) an alleged violation of a provision of a
                    law, regulation, contract, grant, cooperative
                    agreement, or other agreement or document
                    governing the expenditure of funds;
                      (B) a finding that, at the time of the audit,
                    such cost is not supported by adequate
                    documentation; or
                      (C) a finding that the expenditure of funds
                    for the intended purpose is unnecessary or
                    unreasonable;
              (2) the term ``unsupported cost'' means a cost that
            is questioned by the Office because the Office found
            that, at the time of the audit, such cost is not
            supported by adequate documentation;
              (3) the term ``disallowed cost'' means a questioned
            cost that management, in a management decision, has
            sustained or agreed should not be charged to the
            Government;
              (4) the term ``recommendation that funds be put to
            better use'' means a recommendation by the Office that
            funds could be used more efficiently if management of
            an establishment took actions to implement and complete
            the recommendation, including--
                      (A) reductions in outlays;
                      (B) deobligation of funds from programs or
                    operations;
                      (C) withdrawal of interest subsidy costs on
                    loans or loan guarantees, insurance, or bonds;
                      (D) costs not incurred by implementing
                    recommended improvements related to the
                    operations of the establishment, a contractor
                    or grantee;
                      (E) avoidance of unnecessary expenditures
                    noted in preaward reviews of contract or grant
                    agreements; or
                      (F) any other savings which are specifically
                    identified;
              (5) the term ``management decision'' means the
            evaluation by the management of an establishment of the
            findings and recommendations included in an audit
            report and the issuance of a final decision by
            management concerning its response to such findings and
            recommendations, including actions concluded to be
            necessary; and
              (6) the term ``final action'' means--
                      (A) the completion of all actions that the
                    management of an establishment has concluded,
                    in its management decision, are necessary with
                    respect to the findings and recommendations
                    included in an audit report; and
                      (B) in the event that the management of an
                    establishment concludes no action is necessary,
                    final action occurs when a management decision
                    has been made.

    Sec. 6. Authority of Inspector Generals; information and assistance
                        from Federal agencies; unreasonable refusal; office
                        space and equipment

        (a) In addition to the authority otherwise provided by this
    Act, each Inspector General, in carrying out the provisions of
    this Act, is authorized--
              (1) to have access to all records, reports, audits,
            reviews, documents, papers, recommendations, or other
            material available to the applicable establishment
            which relate to programs and operations with respect to
            which that Inspector General has responsibilities under
            this Act;
              (2) to make such investigations and reports relating
            to the administration of the programs and operations of
            the applicable establishment as are, in the judgment of
            the Inspector General, necessary or desirable;
              (3) to request such information or assistance as may
            be necessary for carrying out the duties and
            responsibilities provided by this Act from any Federal,
            State, or local governmental agency or unit thereof;
              (4) to require by subpena the production of all
            information, documents, reports, answers, records,
            accounts, papers, and other data and documentary
            evidence necessary in the performance of the functions
            assigned by this Act, which subpena, in the case of
            contumacy or refusal to obey, shall be enforceable by
            order of any appropriate United States district court:
            Provided, That procedures other than subpena shall be
            used by the Inspector General to obtain documents and
            information from Federal agencies;
              (5) to administer to or take from any person an oath,
            affirmation, or affidavit, whenever necessary in the
            performance of the functions assigned by this Act,
            which oath, affirmation, or affidavit when administered
            or taken by or before an employee of an Office of
            Inspector General designated by the Inspector General
            shall have the same force and effect as if administered
            or taken by or before an officer having a seal;
              (6) to have direct and prompt access to the head of
            the establishment involved when necessary for any
            purpose pertaining to the performance of functions and
            responsibilities under this Act;
              (7) to select, appoint, and employ such officers and
            employees as may be necessary for carrying out the
            functions, powers, and duties of the Office subject to
            the provisions of Title 5, United States Code,
            governing appointments in the competitive service, and
            the provisions of chapter 51 and subchapter III of
            chapter 53 of such title relating to classification and
            General Schedule pay rates;
              (8) to obtain services as authorized by section 3109
            of Title 5, United States Code, at daily rates not to
            exceed the equivalent rate prescribed for grade GS-18
            of the General Schedule by section 5332 of Title 5,
            United States Code; and
              (9) to the extent and in such amounts as may be
            provided in advance by appropriations Acts, to enter
            into contracts and other arrangements for audits,
            studies, analyses, and other services with public
            agencies and with private persons, and to make such
            payments as may be necessary to carry out the
            provisions of this Act.
        (b)(1) Upon request of an Inspector General for information
    or assistance under subsection (a)(3), the head of any Federal
    agency involved shall, insofar as is practicable and not in
    contravention of any existing statutory restriction or
    regulation of the Federal agency from which the information is
    requested, furnish to such Inspector General, or to an
    authorized designee, such information or assistance.
        (2) Whenever information or assistance requested under
    subsection (a)(1) or (a)(3) is, in the judgment of an Inspector
    General, unreasonably refused or not provided, the Inspector
    General shall report the circumstances to the head of the
    establishment involved without delay.
        (c) Each head of an establishment shall provide the Office
    within such establishment with appropriate and adequate office
    space at central and field office locations of such
    establishment, together with such equipment, office supplies,
    and communications facilities and services as may be necessary
    for the operation of such offices, and shall provide necessary
    maintenance services for such offices and the equipment and
    facilities located therein.
        (d) For purposes of the provisions of title 5, United
    States Code, governing the Senior Executive Service, any
    reference in such provisions to the ``appointing authority''
    for a member of the Senior Executive Service or for a Senior
    Executive Service position shall, if such member or position is
    or would be within the Office of an Inspector General, be
    deemed to be a reference to such Inspector General.
        (e)(1) In addition to the authority otherwise provided by
    this Act, each Inspector General appointed under section 3, any
    Assistant Inspector General for Investigations under such an
    Inspector General, and any special agent supervised by such an
    Assistant Inspector General may be authorized by the Attorney
    General to--
              (A) carry a firearm while engaged in official duties
            as authorized under this Act or other statute, or as
            expressly authorized by the Attorney General;
              (B) make an arrest without a warrant while engaged in
            official duties as authorized under this Act or other
            statute, or as expressly authorized by the Attorney
            General, for any offense against the United States
            committed in the presence of such Inspector General,
            Assistant Inspector General, or agent, or for any
            felony cognizable under the laws of the United States
            if such Inspector General, Assistant Inspector General,
            or agent has reasonable grounds to believe that the
            person to be arrested has committed or is committing
            such felony; and
              (C) seek and execute warrants for arrest, search of a
            premises, or seizure of evidence issued under the
            authority of the United States upon probable cause to
            believe that a violation has been committed.
        (2) The Attorney General may authorize exercise of the
    powers under this subsection only upon an initial determination
    that--
              (A) the affected Office of Inspector General is
            significantly hampered in the performance of
            responsibilities established by this Act as a result of
            the lack of such powers;
              (B) available assistance from other law enforcement
            agencies is insufficient to meet the need for such
            powers; and
              (C) adequate internal safeguards and management
            procedures exist to ensure proper exercise of such
            powers.
        (3) The Inspector General offices of the Department of
    Commerce, Department of Education, Department of Energy,
    Department of Health and Human Services, Department of Homeland
    Security, Department of Housing and Urban Development,
    Department of the Interior, Department of Justice, Department
    of Labor, Department of State, Department of Transportation,
    Department of the Treasury, Department of Veterans Affairs,
    Agency for International Development, Environmental Protection
    Agency, Federal Deposit Insurance Corporation, Federal
    Emergency Management Agency, General Services Administration,
    National Aeronautics and Space Administration, Nuclear
    Regulatory Commission, Office of Personnel Management, Railroad
    Retirement Board, Small Business Administration, Social
    Security Administration, and the Tennessee Valley Authority are
    exempt from the requirement of paragraph (2) of an initial
    determination of eligibility by the Attorney General.
        (4) The Attorney General shall promulgate, and revise as
    appropriate, guidelines which shall govern the exercise of the
    law enforcement powers established under paragraph (1).
        (5)(A) Powers authorized for an Office of Inspector General
    under paragraph (1) may be rescinded or suspended upon a
    determination by the Attorney General that any of the
    requirements under paragraph (2) is no longer satisfied or that
    the exercise of authorized powers by that Office of Inspector
    General has not complied with the guidelines promulgated by the
    Attorney General under paragraph (4).
        (B) Powers authorized to be exercised by any individual
    under paragraph (1) may be rescinded or suspended with respect
    to that individual upon a determination by the Attorney General
    that such individual has not complied with guidelines
    promulgated by the Attorney General under paragraph (4).
        (6) A determination by the Attorney General under paragraph
    (2) or (5) shall not be reviewable in or by any court.
        (7) To ensure the proper exercise of the law enforcement
    powers authorized by this subsection, the Offices of Inspector
    General described under paragraph (3) shall, not later than 180
    days after the date of enactment of this subsection,
    collectively enter into a memorandum of understanding to
    establish an external review process for ensuring that adequate
    internal safeguards and management procedures continue to exist
    within each Office and within any Office that later receives an
    authorization under paragraph (2). The review process shall be
    established in consultation with the Attorney General, who
    shall be provided with a copy of the memorandum of
    understanding that establishes the review process. Under the
    review process, the exercise of the law enforcement powers by
    each Office of Inspector General shall be reviewed periodically
    by another Office of Inspector General or by a committee of
    Inspectors General. The results of each review shall be
    communicated in writing to the applicable Inspector General and
    to the Attorney General.
        (8) No provision of this subsection shall limit the
    exercise of law enforcement powers established under any other
    statutory authority, including United States Marshals Service
    special deputation.

    Sec. 7. Complaints by employees; disclosure of identity; reprisals

        (a) The Inspector General may receive and investigate
    complaints or information from an employee of the establishment
    concerning the possible existence of an activity constituting a
    violation of law, rules, or regulations, or mismanagement,
    gross waste of funds, abuse of authority or a substantial and
    specific danger to the public health and safety.
        (b) The Inspector General shall not, after receipt of a
    complaint or information from an employee, disclose the
    identity of the employee without the consent of the employee,
    unless the Inspector General determines such disclosure is
    unavoidable during the course of the investigation.
        (c) Any employee who has authority to take, direct others
    to take, recommend, or approve any personnel action, shall not,
    with respect to such authority, take or threaten to take any
    action against any employee as a reprisal for making a
    complaint or disclosing information to an Inspector General,
    unless the complaint was made or the information disclosed with
    the knowledge that it was false or with willful disregard for
    its truth or falsity.

    Sec. 8. Additional provisions with respect to the Inspector General of
                        the Department of Defense

        (a) No member of the Armed Forces, active or reserve, shall
    be appointed Inspector General of the Department of Defense.
        (b)(1) Notwithstanding the last two sentences of section
    3(a), the Inspector General shall be under the authority,
    direction, and control of the Secretary of Defense with respect
    to audits or investigations, or the issuance of subpoenas,
    which require access to information concerning--
              (A) sensitive operational plans;
              (B) intelligence matters;
              (C) counterintelligence matters;
              (D) ongoing criminal investigations by other
            administrative units of the Department of Defense
            related to national security; or
              (E) other matters the disclosure of which would
            constitute a serious threat to national security.
        (2) With respect to the information described in paragraph
    (1) the Secretary of Defense may prohibit the Inspector General
    from initiating, carrying out, or completing any audit or
    investigation, or from issuing any subpoena, after the
    Inspector General has decided to initiate, carry out or
    complete such audit or investigation or to issue such subpoena,
    if the Secretary determines that such prohibition is necessary
    to preserve the national security interests of the United
    States.
        (3) If the Secretary of Defense exercises any power under
    paragraph (1) or (2), the Inspector General shall submit a
    statement concerning such exercise within thirty days to the
    Committees on Armed Services and Governmental Affairs of the
    Senate and the Committees on Armed Services and Government
    Operations \2\ of the House of Representatives and to other
    appropriate committees or subcommittees of the Congress.
    ---------------------------------------------------------------------------
        \2\ Sec. 1(a)(6) of Public Law 104-14 (109 Stat. 186) provided that
    references to the Committee on Government Operations of the House of
    Representatives shall be treated as referring to the Committee on
    Government Reform and Oversight of the House of Representatives.
    ---------------------------------------------------------------------------
        (4) The Secretary shall, within thirty days after
    submission of a statement under paragraph (3), transmit a
    statement of the reasons for the exercise of power under
    paragraph (1) or (2) to the Committees on Armed Services and
    Governmental Affairs of the Senate and the Committees on Armed
    Services and Government Operations \2\ of the House of
    Representatives and to other appropriate committees or
    subcommittees.
        (c) In addition to the other duties and responsibilities
    specified in this Act, the Inspector General of the Department
    of Defense shall--
              (1) be the principal advisor to the Secretary of
            Defense for matters relating to the prevention and
            detection of fraud, waste, and abuse in the programs
            and operations of the Department;
              (2) initiate, conduct, and supervise such audits and
            investigations in the Department of Defense (including
            the military departments) as the Inspector General
            considers appropriate;
              (3) provide policy direction for audits and
            investigations relating to fraud, waste, and abuse and
            program effectiveness;
              (4) investigate fraud, waste, and abuse uncovered as
            a result of other contract and internal audits, as the
            Inspector General considers appropriate;
              (5) develop policy, monitor and evaluate program
            performance, and provide guidance with respect to all
            Department activities relating to criminal
            investigation programs;
              (6) monitor and evaluate the adherence of Department
            auditors to internal audit, contract audit, and
            internal review principles, policies, and procedures;
              (7) develop policy, evaluate program performance, and
            monitor actions taken by all components of the
            Department in response to contract audits, internal
            audits, internal review reports, and audits conducted
            by the Comptroller General of the United States;
              (8) request assistance as needed from other audit,
            inspection, and investigative units of the Department
            of Defense (including military departments); and
              (9) give particular regard to the activities of the
            internal audit, inspection, and investigative units of
            the military departments with a view toward avoiding
            duplication and insuring effective coordination and
            cooperation.
        (d) Notwithstanding section 4(d), the Inspector General of
    the Department of Defense shall expeditiously report suspected
    or alleged violations of chapter 47 of title 10, United States
    Code (Uniform Code of Military Justice), to the Secretary of
    the military department concerned or the Secretary of Defense.
        (e) For the purposes of section 7, a member of the Armed
    Forces shall be deemed to be an employee of the Department of
    Defense, except that, when the Coast Guard operates as a
    service of another department or agency of the Federal
    Government, a member of the Coast Guard shall be deemed to be
    an employee of such department or agency.
        (f)(1) Each semiannual report prepared by the Inspector
    General of the Department of Defense under section 5(a) shall
    include information concerning the numbers and types of
    contract audits conducted by the Department during the
    reporting period. Each such report shall be transmitted by the
    Secretary of Defense to the Committees on Armed Services and
    Governmental Affairs of the Senate and the Committees on Armed
    Services and Government Operations \2\ of the House of
    Representatives and to other appropriate committees or
    subcommittees of the Congress.
        (2) Any report required to be transmitted by the Secretary
    of Defense to the appropriate committees or subcommittees of
    the Congress under section 5(d) shall also be transmitted,
    within the seven-day period specified in such section, to the
    Committees on Armed Services and Governmental Affairs of the
    Senate and the Committees on Armed Services and Government
    Operations \2\ of the House of Representatives.
        (g) The provisions of section 1385 of title 18, United
    States Code, shall not apply to audits and investigations
    conducted by, under the direction of, or at the request of the
    Inspector General of the Department of Defense to carry out the
    purposes of this Act.

    Sec. 8A. Special provisions relating to the Agency for International
                        Development

        (a) In addition to the other duties and responsibilities
    specified in this Act, the Inspector General of the Agency for
    International Development shall supervise, direct, and control
    all security activities relating to the programs and operations
    of that Agency, subject to the supervision of the Administrator
    of that Agency.
        (b) In addition to the Assistant Inspector Generals
    provided for in section 3(d) of this Act, the Inspector General
    of the Agency for International Development shall, in
    accordance with applicable laws and regulations governing the
    civil service, appoint an Assistant Inspector General for
    Security who shall have the responsibility for supervising the
    performance of security activities relating to programs and
    operations of the Agency for International Development.
        (c) In addition to the officers and employees provided for
    in section 6(a)(6) of this Act, members of the Foreign Service
    may, at the request of the Inspector General of the Agency for
    International Development, be assigned as employees of the
    Inspector General. Members of the Foreign Service so assigned
    shall be responsible solely to the Inspector General, and the
    Inspector General (or his or her designee) shall prepare the
    performance evaluation reports for such members.
        (d) In establishing and staffing field offices pursuant to
    section 6(c) of this Act, the Administrator of the Agency for
    International Development shall not be bound by overseas
    personnel ceilings established under the Monitoring Overseas
    Direct Employment policy.
        (e) The Inspector General of the Agency for International
    Development shall be in addition to the officers provided for
    in section 624(a) of the Foreign Assistance Act of 1961 [22
    U.S.C.A. Sec. 2384(a)].
        (f) As used in this Act, the term ``Agency for
    International Development'' includes any successor agency
    primarily responsible for administering part I of the Foreign
    Assistance Act of 1961 [22 U.S.C.A. Sec. 2151 et seq.].
              * * * * * * *
        15. Assignment of National Security and Emergency Preparedness
                          Telecommunications Functions

      Executive Order 12472, April 3, 1984, 49 F.R. 13471; as amended by
          Executive Order 13286, February 28, 2003, 68 F.R. 10619 \1\

        By the authority vested in me as President by the
    Constitution and laws of the United States of America,
    including the Communications Act of 1934, as amended (47 U.S.C.
    151), the National Security Act of 1947, as amended, the
    Defense Production Act of 1950, as amended (50 U.S.C. App.
    2061), the Federal Civil Defense Act of 1950, as amended (50
    U.S.C. App. 2251), the Disaster Relief Act of 1974 (42 U.S.C.
    5121), Section 5 of Reorganization Plan No. 1 of 1977 (3 C.F.R.
    197, 1978 Comp.), and Section 203 of Reorganization Plan No. 3
    of 1978 (3 C.F.R. 389, 1978 Comp.), and in order to provide for
    the consolidation of assignment and responsibility for improved
    execution of national security and emergency preparedness
    telecommunications functions, it is hereby ordered as follows:
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 5195 note (transferred from 50 U.S.C. app. 2251
    note).
    ---------------------------------------------------------------------------
        Section 1. The National Communications System. (a) There is
    hereby established the National Communications System (NCS).
    The NCS shall consist of the telecommunications assets of the
    entities represented on the NCS Committee of Principals and an
    administrative structure consisting of the Executive Agent, the
    NCS Committee of Principals and the Manager. The NCS Committee
    of Principals shall consist of representatives from those
    Federal departments, agencies or entities, designated by the
    President, which lease or own telecommunications facilities or
    services of significance to national security or emergency
    preparedness, and, to the extent permitted by law, other
    Executive entities which bear policy, regulatory or enforcement
    responsibilities of importance to national security or
    emergency preparedness telecommunications capabilities.
        (b) The mission of the NCS shall be to assist the
    President, the National Security Council, the Homeland Security
    Council,\2\ the Director of the Office of Science and
    Technology Policy and the Director of the Office of Management
    and Budget in:
    ---------------------------------------------------------------------------
        \2\ Sec. 46(a) of Executive Order 13286 (68 F.R. 10627) inserted
    ``the Homeland Security Council,''.
    ---------------------------------------------------------------------------
              (1) The exercise of the telecommunications functions
            and responsibilities set forth in Section 2 of this
            Order; and
              (2) The coordination of the planning for and
            provision of national security and emergency
            preparedness communications for the Federal government
            under all circumstances, including crisis or emergency,
            attack, recovery and reconstitution.
        (c) The NCS shall seek to ensure that a national
    telecommunications infrastructure is developed which:
              (1) Is responsive to the national security and
            emergency preparedness needs of the President and the
            Federal departments, agencies and other entities,
            including telecommunications in support of national
            security leadership and continuity of government;
              (2) Is capable of satisfying priority
            telecommunications requirements under all circumstances
            through use of commercial, government and privately
            owned telecommunications resources;
              (3) Incorporates the necessary combination of
            hardness, redundancy, mobility, connectivity,
            interoperability, restorability and security to obtain,
            to the maximum extent practicable, the survivability of
            national security and emergency preparedness
            telecommunications in all circumstances, including
            conditions of crisis or emergency; and
              (4) Is consistent, to the maximum extent practicable,
            with other national telecommunications policies.
        (d) To assist in accomplishing its mission, the NCS shall:
              (1) serve as a focal point for joint industry-
            government national security and emergency preparedness
            telecommunications planning; and
              (2) establish a joint industry-government National
            Coordinating Center which is capable of assisting in
            the initiation, coordination, restoration and
            reconstitution of national security or emergency
            preparedness telecommunications services or facilities
            under all conditions of crisis or emergency.
        (e) The Secretary of Homeland Security \3\ is designated as
    the Executive Agent for the NCS. The Executive Agent shall:
    ---------------------------------------------------------------------------
        \3\ Sec. 46(b) of Executive Order 13286 (68 F.R. 10627) struck out
    ``Secretary of Defense'' and inserted in lieu thereof ``Secretary of
    Homeland Security''.
    ---------------------------------------------------------------------------
              (1) Designate the Manager of the NCS;
              (2) Ensure that the NCS conducts unified planning and
            operations, in order to coordinate the development and
            maintenance of an effective and responsive capability
            for meeting the domestic and international national
            security and emergency preparedness telecommunications
            needs of the Federal government;
              (3) Ensure that the activities of the NCS are
            conducted in conjunction with the emergency management
            activities of the Department of Homeland Security; \4\
    ---------------------------------------------------------------------------
        \4\ Sec. 46(c) of Executive Order 13286 (68 F.R. 10627) struck out
    ``Federal Emergency Management Agency'' and inserted in lieu thereof
    ``Department of Homeland Security''.
    ---------------------------------------------------------------------------
              (4) Recommend, in consultation with the NCS Committee
            of Principals, to the National Security Council, the
            Homeland Security Council,\2\ the Director of the
            Office of Science and Technology Policy, or the
            Director of the Office of Management and Budget, as
            appropriate:
                      a. The assignment of implementation or other
                    responsibilities to NCS member entities;
                      b. New initiatives to assist in the exercise
                    of the functions specified in Section 2; and
                      c. Changes in the composition or structure of
                    the NCS.
              (5) Oversee the activities of and provide personnel
            and administrative support to the Manager of the NCS;
              (6) Provide staff support and technical assistance to
            the National Security Telecommunications Advisory
            Committee established by Executive Order No. 12382, as
            amended; and
              (7) Perform such other duties as are from time to
            time assigned by the President or his authorized
            designee.
        (f) The NCS Committee of Principals shall:
              (1) Serve as the forum in which each member of the
            Committee may review, evaluate, and present views,
            information and recommendations concerning ongoing or
            prospective national security or emergency preparedness
            telecommunications programs or activities of the NCS
            and the entities represented on the Committee;
              (2) Serve as the forum in which each member of the
            Committee shall report on and explain ongoing or
            prospective telecommunications plans and programs
            developed or designed to achieve national security or
            emergency preparedness telecommunications objectives;
              (3) Provide comments or recommendations, as
            appropriate, to the National Security Council, the
            Homeland Security Council,\2\ the Director of the
            Office of Science and Technology Policy, the Director
            of the Office of Management and Budget, the Executive
            Agent, or the Manager of the NCS, regarding ongoing or
            prospective activities of the NCS; and
              (4) Perform such other duties as are from time to
            time assigned by the President or his authorized
            designee.
        (g) The Manager of the NCS shall:
              (1) Develop for consideration by the NCS Committee of
            Principals and the Executive Agent:
                      a. A recommended evolutionary
                    telecommunications architecture designed to
                    meet current and future Federal government
                    national security and emergency preparedness
                    telecommunications requirements;
                      b. Plans and procedures for the management,
                    allocation and use, including the establishment
                    of priorities or preferences, of Federally
                    owned or leased telecommunications assets under
                    all conditions of crisis or emergency;
                      c. Plans, procedures and standards for
                    minimizing or removing technical impediments to
                    the interoperability of government-owned and/or
                    commercially-provided telecommunications
                    systems;
                      d. Test and exercise programs and procedures
                    for the evaluation of the capability of the
                    Nation's telecommunications resources to meet
                    national security or emergency preparedness
                    telecommunications requirements; and
                      e. Alternative mechanisms for funding,
                    through the budget review process, national
                    security or emergency preparedness
                    telecommunications initiatives which benefit
                    multiple Federal departments, agencies, or
                    entities. Those mechanisms recommended by the
                    NCS Committee of Principals and the Executive
                    Agent shall be submitted to the Director of the
                    Office of Management and Budget.
              (2) Implement and administer any approved plans or
            programs as assigned, including any system of
            priorities and preferences for the provision of
            communications service, in consultation with the NCS
            Committee of Principals and the Federal Communications
            Commission, to the extent practicable or otherwise
            required by law or regulation;
              (3) Chair the NCS Committee of Principals and provide
            staff support and technical assistance thereto;
              (4) Serve as a focal point for joint industry-
            government planning, including the dissemination of
            technical information, concerning the national security
            or emergency preparedness telecommunications
            requirements of the Federal government;
              (5) Conduct technical studies or analyses, and
            examine research and development programs, for the
            purpose of identifying, for consideration by the NCS
            Committee of Principals and the Executive Agent,
            improved approaches which may assist Federal entities
            in fulfilling national security or emergency
            preparedness telecommunications objectives;
              (6) Pursuant to the Federal Standardization Program
            of the General Services Administration, and in
            consultation with other appropriate entities of the
            Federal government including the NCS Committee of
            Principals, manage the Federal Telecommunications
            Standards Program, ensuring wherever feasible that
            existing or evolving industry, national, and
            international standards are used as the basis for
            Federal telecommunications standards; and
              (7) Provide such reports and perform such other
            duties as are from time to time assigned by the
            President or his authorized designee, the Executive
            Agent, or the NCS Committee of Principals. Any such
            assignments of responsibility to, or reports made by,
            the Manager shall be transmitted through the Executive
            Agent.
        Sec. 2. Executive Office Responsibilities. (a) Wartime
    Emergency Functions. (1) The National Security Council shall
    provide policy direction for the exercise of the war power
    functions of the President under Section 606 of the
    Communications Act of 1934, as amended (47 U.S.C. 606), should
    the President issue implementing instructions in accordance
    with the National Emergencies Act (50 U.S.C. 1601).
        (2) The Director of the Office of Science and Technology
    Policy shall direct the exercise of the war power functions of
    the President under Section 606 (a), (c)-(e), of the
    Communications Act of 1934, as amended (47 U.S.C. 606), should
    the President issue implementing instructions in accordance
    with the National Emergencies Act (50 U.S.C. 1601).
        (b) Non-Wartime Emergency Functions. (1) The National
    Security Council, in consultation with the Homeland Security
    Council,\5\ shall:
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        \5\ Sec. 46(d) of Executive Order 13286 (68 F.R. 10627) inserted
    ``, in consultation with the Homeland Security Council,''.
    ---------------------------------------------------------------------------
              a. Advise and assist the President in coordinating
            the development of policy, plans, programs and
            standards within the Federal government for the
            identification, allocation, and use of the Nation's
            telecommunications resources by the Federal government,
            and by State and local governments, private industry
            and volunteer organizations upon request, to the extent
            practicable and otherwise consistent with law, during
            those crises or emergencies in which the exercise of
            the President's war power function is not required or
            permitted by law; and
              b. Provide policy direction for the exercise of the
            President's non-wartime emergency telecommunications
            functions, should the President's so instruct.
        (2) The Director of the Office of Science and Technology
    Policy shall provide information, advice, guidance and
    assistance, as appropriate, to the President and to those
    Federal departments and agencies with responsibilities for the
    provision, management, or allocation of telecommunications
    resources, during those crises or emergencies in which the
    exercise of the President's war power functions is not required
    or permitted by law;
        (3) The Director of the Office of Science and Technology
    Policy shall establish a Joint Telecommunications Resources
    Board (JTRB) to assist him in the exercise of the functions
    specified in this subsection. The Director of the Office of
    Science and Technology Policy shall serve as chairman of the
    JTRB; select those Federal departments, agencies, or entities
    which shall be members of the JTRB; and specify the functions
    it shall perform.
        (c) Planning and Oversight Responsibilities. (1) The
    National Security Council shall advise and assist the President
    in:
              a. Coordinating the development of policy, plans,
            programs and standards for the mobilization and use of
            the Nation's commercial, government, and privately
            owned telecommunications resources, in order to meet
            national security or emergency preparedness
            requirements;
              b. Providing policy oversight and direction of the
            activities of the NCS; and
              c. Providing policy oversight and guidance for the
            execution of the responsibilities assigned to the
            Federal departments and agencies by this Order.
        (2) The Director of the Office of Science and Technology
    Policy shall make recommendations to the President with respect
    to the test, exercise and evaluation of the capability of
    existing and planned communication systems, networks or
    facilities to meet national security or emergency preparedness
    requirements and report the results of any such test or
    evaluations and any recommended remedial actions to the
    President and to the National Security Council;
        (3) The Director of the Office of Science and Technology
    Policy or his designee shall advise and assist the President in
    the administration of a system of radio spectrum priorities for
    those spectrum dependent telecommunications resources of the
    Federal government which support national security or emergency
    preparedness functions. The Director also shall certify or
    approve priorities for radio spectrum use by the Federal
    government, including the resolution of any conflicts in or
    among priorities, under all conditions of crisis or emergency;
    and
        (4) The National Security Council, the Homeland Security
    Council,\2\ the Director of the Office of Science and
    Technology Policy and the Director of the Office of Management
    and Budget shall, in consultation with the Executive Agent for
    the NCS and the NCS Committee of Principals, determine what
    constitutes national security and emergency preparedness
    telecommunications requirements.
        (d) Consultation with Federal Departments and Agencies. In
    performing the functions assigned under this Order, the
    National Security Council, the Homeland Security Council,\6\
    and the Director of the Office of Science and Technology
    Policy, in consultation with each other, shall:
    ---------------------------------------------------------------------------
        \6\ Sec. 46(e) of Executive Order 13286 (68 F.R. 10627) inserted
    ``, the Homeland Security Council,''.
    ---------------------------------------------------------------------------
              (1) Consult, as appropriate, with the Director of the
            Office of Management and Budget; the Secretary of
            Homeland Security \7\ with respect to the emergency
            management responsibilities assigned pursuant to
            Executive Order No. 12148, as amended; the Secretary of
            Commerce, with respect to responsibilities assigned
            pursuant to Executive Order No. 12046; the Secretary of
            Defense, with respect to communications security
            responsibilities assigned pursuant to Executive Order
            No. 12333; and the Chairman of the Federal
            Communications Commission or his authorized designee;
            and
    ---------------------------------------------------------------------------
        \7\ Sec. 46(f) of Executive Order 13286 (68 F.R. 10627) struck out
    ``the Director of the Federal Emergency Management Agency'' and
    inserted in lieu thereof ``the Secretary of Homeland Security''.
    ---------------------------------------------------------------------------
              (2) Establish arrangements for consultation among all
            interested Federal departments, agencies or entities to
            ensure that the national security and emergency
            preparedness communications needs of all Federal
            Government entities are identified; that mechanisms to
            address such needs are incorporated into pertinent
            plans and procedures; and that such needs are met in a
            manner consistent, to the maximum extent practicable,
            with other national telecommunications policies.
        (e) Budgetary Guidelines. The Director of the Office of
    Management and Budget, in consultation with the National
    Security Council, the Homeland Security Council,\6\ and the
    NCS, will prescribe general guidelines and procedures for
    reviewing the financing of the NCS within the budgetary process
    and for preparation of budget estimates by participating
    agencies. These guidelines and procedures may provide for
    mechanisms for funding, through the budget review process,
    national security and emergency preparedness telecommunications
    initiatives which benefit multiple Federal departments,
    agencies, or entities.
        Sec. 3. Assignment of Responsibilities to Other Departments
    and Agencies. In order to support and enhance the capability to
    satisfy the national security and emergency preparedness
    telecommunications needs of the Federal government, State and
    local governments, private industry and volunteer
    organizations, under all circumstances including those of
    crisis or emergency, the Federal departments and agencies shall
    perform the following functions:
              (a) Department of Commerce. The Secretary of Commerce
            shall, for all conditions of crisis or emergency:
                      (1) Develop plans and procedures concerning
                    radio spectrum assignments, priorities and
                    allocations for use by Federal departments,
                    agencies and entities; and
                      (2) Develop, maintain and publish policy,
                    plans, and procedures for the control and
                    allocation of frequency assignments, including
                    the authority to amend, modify or revoke such
                    assignments, in those parts of the
                    electromagnetic spectrum assigned to the
                    Federal government.
              (b) Department of Homeland Security. The Secretary of
            Homeland Security shall: \8\
    ---------------------------------------------------------------------------
        \8\ Sec. 46(g) of Executive Order 13286 (68 F.R. 10627) struck out
    ``Federal Emergency Management Agency. The Director of the Federal
    Emergency Management Agency shall:'' and inserted in lieu thereof
    ``Department of Homeland Security. The Secretary of Homeland Security
    shall:''.
    ---------------------------------------------------------------------------
                      (1) Plan for and provide, operate and
                    maintain telecommunications services and
                    facilities, as part of its National Emergency
                    Management System, adequate to support its
                    assigned emergency management responsibilities;
                      (2) Advise and assist State and local
                    governments and volunteer organizations, upon
                    request and to the extent consistent with law,
                    in developing plans and procedures for
                    identifying and satisfying their national
                    security or emergency preparedness
                    telecommunications requirements;
                      (3) Ensure, to the maximum extent
                    practicable, that national security and
                    emergency preparedness telecommunications
                    planning by State and local governments and
                    volunteer organizations is mutually supportive
                    and consistent with the planning of the Federal
                    government; and
                      (4) Develop, upon request and to the extent
                    consistent with law and in consonance with
                    regulations promulgated by the agreements with
                    the Federal Communications Commission, plans
                    and capabilities for, and provide policy and
                    management oversight of, the Emergency
                    Broadcast System, and advise and assist private
                    radio licensees of the Commission in developing
                    emergency communications plans, procedures and
                    capabilities.
              (c) Department of State. The Secretary of State, in
            accordance with assigned responsibilities within the
            Diplomatic Telecommunications System, shall plan for
            and provide, operate and maintain rapid, reliable and
            secure telecommunications services to those Federal
            entities represented at United States diplomatic
            missions and consular offices overseas. This
            responsibility shall include the provision and
            operation of domestic telecommunications in support of
            assigned national security or emergency preparedness
            responsibilities.
              (d) Department of Defense. In addition to the other
            responsibilities assigned by this Order, the Secretary
            of Defense shall:
                      (1) Plan for and provide, operate and
                    maintain telecommunications services and
                    facilities adequate to support the National
                    Command Authorities and to execute the
                    responsibilities assigned by Executive Order
                    No. 12333; and
                      (2) Ensure that the Director of the National
                    Security Agency provides the technical support
                    necessary to develop and maintain plans
                    adequate to provide for the security and
                    protection of national security and emergency
                    preparedness telecommunications.
                      (3) \9\ Nothing in this order shall be
                    construed to impair or otherwise affect the
                    authority of the Secretary of Defense with
                    respect to the Department of Defense, including
                    the chain of command for the armed forces of
                    the United States under section 162(b) of title
                    10, United States Code, and the authority of
                    the Secretary of Defense with respect to the
                    Department of Defense under section 113(b) of
                    that title.
    ---------------------------------------------------------------------------
        \9\ Sec. 46(h) of Executive Order 13286 (68 F.R. 10627) added para.
    (3).
    ---------------------------------------------------------------------------
              (e) Department of Justice. The Attorney General
            shall, as necessary, review for legal sufficiency,
            including consistency with the antitrust laws, all
            policies, plans or procedures developed pursuant to
            responsibilities assigned by this Order.
              (f) Central Intelligence Agency. The Director of
            Central Intelligence shall plan for and provide,
            operate, and maintain telecommunications services
            adequate to support its assigned responsibilities,
            including the dissemination of intelligence within the
            Federal Government.
              (g) General Services Administration. Except as
            otherwise assigned by this Order, the Administrator of
            General Services, consistent with policy guidance
            provided by the Director of the Office of Management
            and Budget, shall ensure that Federally owned or
            managed domestic communications facilities and services
            meet the national security and emergency preparedness
            requirements of the Federal civilian departments,
            agencies and entities.
              (h) Federal Communications Commission. The Federal
            Communications Commission shall, consistent with
            Section 4(c) of this Order:
                      (1) Review the policies, plans and procedures
                    of all entities licensed or regulated by the
                    Commission that are developed to provide
                    national security or emergency preparedness
                    communications services, in order to ensure
                    that such policies, plans and procedures are
                    consistent with the public interest,
                    convenience and necessity;
                      (2) Perform such functions as required by law
                    with respect to all entities licensed or
                    regulated by the Commission, including (but not
                    limited to) the extension, discontinuance or
                    reduction of common carrier facilities or
                    services; the control of common carrier rates,
                    charges, practices and classifications; the
                    construction, authorization, activation,
                    deactivation or closing of radio stations,
                    services and facilities; the assignment of
                    radio frequencies to Commission licensees; the
                    investigation of violations of pertinent law
                    and regulation; and the initiation of
                    appropriate enforcement actions;
                      (3) Develop policy, plans and procedures
                    adequate to execute the responsibilities
                    assigned in this Order under all conditions or
                    crisis or emergency; and
                      (4) Consult as appropriate with the Executive
                    Agent for the NCS and the NCS Committee of
                    Principals to ensure continued coordination of
                    their respective national security and
                    emergency preparedness activities.
              (i) All Federal departments and agencies, to the
            extent consistent with law (including those authorities
            and responsibilities set forth in Section 4(c) of this
            Order), shall:
                      (1) Determine their national security and
                    emergency preparedness telecommunications
                    requirements, and provide information regarding
                    such requirements to the Manager of the NCS;
                      (2) Prepare policies, plans and procedures
                    concerning telecommunications facilities,
                    services or equipment under their management or
                    operational control to maximize their
                    capability of responding to the national
                    security or emergency preparedness needs of the
                    Federal Government;
                      (3) Provide, after consultation with the
                    Director of the Office of Management and
                    Budget, resources to support their respective
                    requirements for national security and
                    emergency preparedness telecommunications; and
                    provide personnel and staff support to the
                    Manager of the NCS as required by the
                    President;
                      (4) Make information available to, and
                    consult with, the Manager of the NCS regarding
                    agency telecommunications activities in support
                    of national security or emergency preparedness;
                      (5) Consult, consistent with the provisions
                    of Executive Order No. 12046, as amended, and
                    in conjunction with the Manager of the NCS,
                    with the Federal Communications Commission
                    regarding execution of responsibilities
                    assigned by this Order;
                      (6) Submit reports annually, or as otherwise
                    requested, to the Manager of the NCS, regarding
                    agency national security or emergency
                    preparedness telecommunications activities; and
                      (7) Cooperate with and assist the Executive
                    Agent for the NCS, the NCS Committee of
                    Principals, the Manager of the NCS, and other
                    departments and agencies in the execution of
                    the functions set forth in this Order,
                    furnishing them such information, support and
                    assistance as may be required.
              (j) Each Federal department or agency shall execute
            the responsibilities assigned by this Order in
            conjunction with the emergency management activities of
            the Department of Homeland Security,\4\ and in regular
            consultation with the Executive Agent for the NCS and
            the NCS Committee of Principals to ensure continued
            coordination of NCS and individual agency
            telecommunications activities.
        Sec. 4. General Provisions. (a) All Executive departments
    and agencies may issue such rules and regulations as may be
    necessary to carry out the functions assigned under this Order.
        (b) In order to reflect the assignments of responsibility
    provided by this Order:
              (1) Sections 2-414, 4-102, 4-103, 4-202, 4-302, 5-3,
            and 6-101 of Executive Order No. 12046, as amended, are
            revoked;
              (2) The Presidential Memorandum of August 21, 1963,
            as amended, entitled ``Establishment of the National
            Communications System'', is hereby superseded; and
              (3) Section 2-411 of Executive Order No. 12046, as
            amended, is further amended by deleting the period and
            inserting ``, except as otherwise provided by Executive
            Order No.  '' and inserting the number assigned to this
            Order.
        (c) Nothing in this Order shall be deemed to affect the
    authorities or responsibilities of the Director of the Office
    of Management and Budget, or any Office or official thereof; or
    reassign any function assigned any agency under the Federal
    Property and Administrative Services Act of 1949, as amended;
    or under and other law; or any function vested by law in the
    Federal Communications Commission.
        Sec. 5. This Order shall be effective upon publication in
    the Federal Register.
         16. National Security Emergency Preparedness Responsibilities

       Partial text of Executive Order 12656, November 18, 1988, 54 F.R.
     47491; as amended by Executive Order 13074, February 9, 1998, 63 F.R.
       7277; Executive Order 13228, October 8, 2001, 66 F.R. 51816; and
          Executive Order 13286, February 28, 2003, 68 F.R. 10626 \1\

    Whereas our national security is dependent upon our ability to
        assure continuity of government, at every level, in any
        national security emergency situation that might confront
        the Nation; and
    ---------------------------------------------------------------------------
        \1\ 42 U.S.C. 5195 note (transferred from 50 U.S.C. app. 2251
    note). Sec. 42 of Executive Order 13286 (68 F.R. 10627) provided:
        ``Without prejudice to subsections (a) through (i) of this section,
    all responsibilities assigned to specific Federal officials pursuant to
    Executive Order 12656 that are substantially the same as any
    responsibility assigned to, or function transferred to, the Secretary
    of Homeland Security pursuant to the Homeland Security Act of 2002
    (regardless of whether such responsibility or function is expressly
    required to be carried out through another official of the Department
    of Homeland Security or not pursuant to such Act), or intended or
    required to be carried out by an agency or an agency component
    transferred to the Department of Homeland Security pursuant to such
    Act, are hereby reassigned to the Secretary of Homeland Security.''.
    ---------------------------------------------------------------------------
    Whereas effective national preparedness planning to meet such
        emergency, including a massive nuclear attack, is essential
        to our national survival; and
    Whereas effective national preparedness planning requires the
        identification of functions that would have to be performed
        during such an emergency, the assignment of responsibility
        for developing plans for performing these functions, and
        the assignment of responsibility for developing the
        capability to implement those plans; and
    Whereas the Congress has directed the development of such
        national security emergency preparedness plans and has
        provided funds for the accomplishment thereof;
    Now, therefore, by virtue of the authority vested in me as
        President by the Constitution and laws of the United States
        of America, and pursuant to Reorganization Plan No. 1 of
        1958 (72 Stat. 1799), the National Security Act of 1947, as
        amended, the Defense Production Act of 1950, as amended,
        and the Federal Civil Defense Act, it is hereby ordered
        that the responsibilities of the Federal departments and
        agencies in national security emergencies shall be as
        follows:

                                Part 1--Preamble

        Sec. 101. National Security Emergency Preparedness Policy.
        (a) The policy of the United States is to have sufficient
    capabilities at all levels of government to meet essential
    defense and civilian needs during any national security
    emergency. A national security emergency is any occurrence,
    including natural disaster, military attack, technological
    emergency or other emergency, that seriously degrades or
    seriously threatens the national security of the United States.
    Policy for national security emergency preparedness shall be
    established by the President. Pursuant to the President's
    direction, the National Security Council shall be responsible
    for developing and administering such policy, except that the
    Homeland Security Council shall be responsible for
    administering such policy with respect to terrorist threats and
    attacks within the United States.\2\ All national security
    emergency preparedness activities shall be consistent with the
    Constitution and laws of the United States and with
    preservation of the constitutional government of the United
    States.
    ---------------------------------------------------------------------------
        \2\ Sec. 9(a) of Executive Order 13228 (66 F.R. 51816) inserted ``,
    except that the Homeland Security Council shall be responsible for
    administering such policy with respect to terrorist threats and attacks
    within the United States.''
    ---------------------------------------------------------------------------
        (b) Effective national security emergency preparedness
    planning requires: identification of functions that would have
    to be performed during such an emergency; development of plans
    for performing these functions; and development of the
    capability to execute those plans.
        Sec. 102. Purpose.
        (a) The purpose of this Order is to assign national
    security emergency preparedness responsibilities to Federal
    departments and agencies. These assignments are based, whenever
    possible, on extensions of the regular missions of the
    departments and agencies.
        (b) This Order does not constitute authority to implement
    the plans prepared pursuant to this Order. Plans so developed
    may be executed only in the event that authority for such
    execution is authorized by law.
        Sec. 103. Scope.
        (a) This Order addresses national security emergency
    preparedness functions and activities. As used in this Order,
    preparedness functions and activities include, as appropriate,
    policies, plans, procedures, and readiness measures that
    enhance the ability of the United States Government to mobilize
    for, respond to, and recover from a national security
    emergency.
        (b) This Order does not apply to those natural disasters,
    technological emergencies, or other emergencies, the
    alleviation of which is normally the responsibility of
    individuals, the private sector, volunteer organizations, State
    and local governments, and Federal departments and agencies
    unless such situations also constitute a national security
    emergency.
        (c) This Order does not require the provision of
    information concerning, or evaluation of, military policies,
    plans, programs, or states of military readiness.
        (d) This Order does not apply to national security
    emergency preparedness telecommunications functions and
    responsibilities that are otherwise assigned by Executive Order
    12427.
        Sec. 104. Management of National Security Emergency
    Preparedness.
        (a) The National Security Council is the principal forum
    for consideration of national security emergency preparedness
    policy, except that the Homeland Security Council is the
    principal forum for consideration of policy relating to
    terrorist threats and attacks within the United States.\3\
    ---------------------------------------------------------------------------
        \3\ Sec. 9(b) of Executive Order 13228 (66 F.R. 51816) inserted ``,
    except that the Homeland Security Council is the principal forum for
    consideration of policy relating to terrorist threats and attacks
    within the United States''.
    ---------------------------------------------------------------------------
        (b) The National Security Council and the Homeland Security
    Council \4\ shall arrange for Executive branch liaison with,
    and assistance to, the Congress and Federal judiciary on
    national security emergency preparedness matters.
    ---------------------------------------------------------------------------
        \4\ Sec. 9(c) of Executive Order 13228 (66 F.R. 51816) inserted
    ``and the Homeland Security Council''.
    ---------------------------------------------------------------------------
        (c) The Secretary of Homeland Security \5\ shall serve as
    an advisor to the National Security Council and the Homeland
    Security Council \6\ on issues of national security emergency
    preparedness, including mobilization preparedness civil
    defense, continuity of government, technological disasters, and
    other issues, as appropriate. Pursuant to such procedures for
    the organization and management of the National Security
    Council and Homeland Security Council processes as the
    President may establish, the Secretary of Homeland Security \7\
    also shall assist in the implementation of and management of
    those processes as the President may establish. The Secretary
    of Homeland Security \5\ also shall assist in the
    implementation of national security emergency preparedness
    policy by coordinating with the other Federal departments and
    agencies and with State and local governments, and by providing
    periodic reports to the National Security Council and the
    Homeland Security Council on implementation of national
    security emergency preparedness policy.\8\
    ---------------------------------------------------------------------------
        \5\ Sec. 42(a) of Executive Order 13286 (68 F.R. 10626) struck out
    ``The Director of the Federal Emergency Management Agency'' and
    inserted in lieu thereof ``The Secretary of Homeland Security''.
        \6\ Sec. 9(d) of Executive Order 13228 (66 F.R. 51816) inserted
    ``and the Homeland Security Council''.
        \7\ Sec. 42(b) of Executive Order 13286 (68 F.R. 10626) struck out
    ``the Director of the Federal Emergency Management Agency'' and
    inserted in lieu thereof ``the Secretary of Homeland Security''.
        \8\ Sec. 9(e) of Executive Order 13228 (66 F.R. 51816) struck out
    ``Pursuant to such procedures for the organization and management of
    the National Security Council process as the President may establish,
    the Director of the Federal Emergency Management Agency also shall
    assist in the implementation of and management of the National Security
    Council process as the President may establish, the Director of the
    Federal Emergency Management Agency also shall assist in the
    implementation of national security emergency preparedness policy by
    coordinating with the other Federal departments and agencies and with
    State and local governments, and by providing periodic reports to the
    National Security Council on implementation of national security
    emergency preparedness policy.'' and inserted in lieu thereof the
    previous two sentences.
    ---------------------------------------------------------------------------
        (d) National security emergency preparedness functions that
    are shared by more than one agency shall be coordinated by the
    head of the Federal department or agency having primary
    responsibility and shall be supported by the heads of other
    departments and agencies having related responsibilities.
        (e) There shall be a national security emergency exercise
    program that shall be supported by the heads of all appropriate
    Federal departments and agencies.
        (f) Plans and procedures will be designed and developed to
    provide maximum flexibility to the President for his
    implementation of emergency actions.
        Sec. 105. Interagency Coordination.
        (a) All appropriate Cabinet members and agency heads shall
    be consulted regarding national security emergency preparedness
    programs and policy issues. Each department and agency shall
    support interagency coordination to improve preparedness and
    response to a national security emergency and shall develop and
    maintain decentralized capabilities wherever feasible and
    appropriate.
        (b) Each Federal department and agency shall work within
    the framework established by, and cooperate with those
    organizations assigned responsibility in, Executive Order No.
    12472, to ensure adequate national security emergency
    preparedness telecommunications in support of the functions and
    activities addressed by this Order.

                           Part 2--General Provisions

        Sec. 201. General. The head of each Federal department and
    agency, as appropriate, shall:
              (1) Be prepared to respond adequately to all national
            security emergencies, including those that are
            international in scope, and those that may occur within
            any region of the Nation;
              (2) Consider national security emergency preparedness
            factors in the conduct of his or her regular functions,
            particularly those functions essential in time of
            emergency. Emergency plans and programs, and an
            appropriate state of readiness, including
            organizational infrastructure, shall be developed as an
            integral part of the continuing activities of each
            Federal department and agency;
              (3) Appoint a senior policy official as Emergency
            Coordinator, responsible for developing and maintaining
            a multi-year, national security emergency preparedness
            plan for the department or agency to include
            objectives, programs, and budgetary requirements;
              (4) Design preparedness measures to permit a rapid
            and effective transition from routine to emergency
            operations, and to make effective use of the period
            following initial indication of a probable national
            security emergency. This will include:
                      (a) Development of a system of emergency
                    actions that defines alternatives, processes,
                    and issues to be considered during various
                    stages of national security emergencies;
                      (b) Identification of actions that could be
                    take in the early stages of a national security
                    emergency or pending national security
                    emergency to mitigate the impact of or reduce
                    significantly the lead times associated with
                    full emergency action implementation;
              (5) Base national security emergency preparedness
            measures on the use of existing authorities,
            organizations, resources, and systems to the maximum
            extent practicable;
              (6) Identify areas where additional legal authorities
            may be needed to assist management and, consistent with
            applicable Executive orders, take appropriate measures
            toward acquiring those authorities;
              (7) Make policy recommendations to the National
            Security Council and the Homeland Security Council \9\
            regarding national security emergency preparedness
            activities and functions of the Federal Government;
    ---------------------------------------------------------------------------
        \9\ Sec. 9(f) of Executive Order 13228 (66 F.R. 51817) inserted
    ``and the Homeland Security Council''.
    ---------------------------------------------------------------------------
              (8) Coordinate with State and local government
            agencies and other organizations, including private
            sector organizations, when appropriate. Federal plans
            should include appropriate involvement of and reliance
            upon private sector organizations in response to
            national security emergencies;
              (9) Assist State, local, and private sector entities
            in developing plans for mitigating the effects of
            national security emergencies and for providing
            services that are essential to a national response;
              (10) Cooperate, to the extent appropriate, in
            compiling, evaluating, and exchanging relevant data
            related to all aspects of national security emergency
            preparedness;
              (11) Develop programs regarding congressional
            relations and public information that could be used
            during national security emergencies;
              (12) Ensure a capability to provide, during a
            national security emergency, information concerning
            Acts of Congress, presidential proclamations, Executive
            orders, regulations, and notices of other actions to
            the Archivist of the United States, for publication in
            the Federal Register, or to each agency designated
            maintain the Federal Register in an emergency;
              (13) Develop and conduct training and education
            programs that incorporate emergency preparedness and
            civil defense information necessary to ensure an
            effective national response;
              (14) Ensure that plans consider the consequences for
            essential services provided by State and local
            governments, and by the private sector, if the flow of
            Federal funds is disrupted;
              (15) Consult and coordinate with the Secretary of
            Homeland Security \7\ to ensure that those activities
            and plans are consistent with current Presidential
            guidelines and policies.\10\
    ---------------------------------------------------------------------------
        \10\ Sec. 42(c) of Executive Order 13286 (68 F.R. 10626) struck out
    ``consistent with current National Security Council guidelines and
    policies'' and inserted in lieu thereof ```consistent with current
    Presidential guidelines and policies''.
    ---------------------------------------------------------------------------
        Sec. 202. Continuity of Government. The head of each
    Federal department and agency shall ensure the continuity of
    essential functions in any national security emergency by
    providing for: succession to office and emergency delegation of
    authority in accordance with applicable law; safekeeping of
    essential resources, facilities, and records; and establishment
    of emergency operating capabilities.
        Sec. 203. Resource Management. The head of each Federal
    department and agency, as appropriate within assigned areas of
    responsibility, shall:
              (1) Develop plans and programs to mobilize personnel
            (including reservist programs), equipment, facilities,
            and other resources;
              (2) Assess essential emergency requirements and plan
            for the possible use of alternative resources to meet
            essential demands during and following national
            security emergencies;
              (3) Prepare plans and procedures to share between and
            among the responsible agencies resources such as
            energy, equipment, food, land, materials, minerals,
            services, supplies, transportation, water, and
            workforce needed to carry out assigned responsibilities
            and other essential functions, and cooperate with other
            agencies in developing programs to ensure availability
            of such resources in a national security emergency;
              (4) Develop plans to set priorities and allocate
            resources among civilian and military claimants;
              (5) Identify occupations and skills for which there
            may be a critical need in the event of a national
            security emergency.
        Sec. 204. Protection of Essential Resources and Facilities.
    The head of each Federal department and agency, within assigned
    areas of responsibility, shall:
              (1) Identify facilities and resources, both
            government and private, essential to the national
            defense and national welfare, and assess their
            vulnerabilities and develop strategies, plans, and
            programs to provide for the security of such facilities
            and resources, and to avoid or minimize disruptions of
            essential services during any national security
            emergency;
              (2) Participate in interagency activities to assess
            the relative importance of various facilities and
            resources to essential military and civilian needs and
            to integrate preparedness and response strategies and
            procedures;
              (3) Maintain a capability to assess promptly the
            effect of attack and other disruptions during national
            security emergencies.
        Sec. 205. Federal Benefit, Insurance, and Loan Programs.
    The head of each Federal department and agency that administers
    a loan, insurance, or benefit program that relies upon the
    Federal Government payment system shall coordinate with the
    Secretary of the Treasury in developing plans for continuation
    or restoration, to the extent feasible, of such programs in
    national security emergencies.
        Sec. 206. Research. The Director of the Office of Science
    and Technology Policy and the heads of Federal departments and
    agencies having significant research and development programs
    shall advise the National Security Council and the Homeland
    Security Council \11\ of scientific and technological
    developments that should be considered in national security
    emergency preparedness planning.
    ---------------------------------------------------------------------------
        \11\ Sec. 9(g) of Executive Order 13228 (66 F.R. 51817) inserted
    ``and the Homeland Security Council''.
    ---------------------------------------------------------------------------
        Sec. 207. Redelegation. The head of each Federal department
    and agency is hereby authorized, to the extent otherwise
    permitted by law, to redelegate the functions assigned by this
    Order, and to authorize successive redelegations to
    organizations, officers, or employees within that department or
    agency.
        Sec. 208. Transfer of Functions. Recommendations for
    interagency transfer of any emergency preparedness function
    assigned under this Order or for assignment of any new
    emergency preparedness function shall be coordinated with all
    affected Federal departments and agencies before submission to
    the National Security Council and the Homeland Security
    Council.\12\
    ---------------------------------------------------------------------------
        \12\ Sec. 9(h) of Executive Order 13228 (66 F.R. 51817) inserted
    ``and the Homeland Security Council''.
    ---------------------------------------------------------------------------
        Sec. 209. Retention of Existing Authority. Nothing in this
    Order shall be deemed to derogate from assignments of functions
    to any Federal department or agency or department thereof made
    by law.
              * * * * * * *

                         Part 4--Department of Commerce

        Sec. 401. Lead Responsibilities. In addition to the
    applicable responsibilities covered in Parts 1 and 2, the
    Secretary of Commerce shall:
              (1) Develop control systems for priorities,
            allocation, production, and distribution of materials
            and other resources that will be available to support
            both national defense and essential civilian programs
            in a national security emergency;
              (2) In cooperation with the Secretary of Defense and
            other departments and agencies, identify those
            industrial products and facilities that are essential
            to mobilization readiness, national defense, or post-
            attack survival and recovery;
              (3) In cooperation with the Secretary of Defense and
            other Federal departments and agencies, analyze
            potential effects of national security emergencies on
            actual production capability, taking into account the
            entire production complex, including shortages of
            resources, and develop preparedness measures to
            strengthen capabilities for production increases in
            national security emergencies;
              (4) In cooperation with the Secretary of Defense,
            perform industry analyses to assess capabilities of the
            commercial industrial base to support the national
            defense, and develop policy alternatives to improve the
            international competitiveness of specific domestic
            industries and their abilities to meet defense program
            needs;
              (5) In cooperation with the Secretary of the
            Treasury, develop plans for providing emergency
            assistance to the private sector through direct or
            participation loans for the financing of production
            facilities and equipment;
              (6) In cooperation with the Secretaries of State,
            Defense, Transportation, and the Treasury, prepare
            plans to regulate and control exports and imports in
            national security emergencies;
              (7) Provide for the collection and reporting of
            census information on human and economic resources, and
            maintain a capability to conduct emergency surveys to
            provide information on the status of these resources as
            required for national security purposes;
              (8) Develop overall plans and programs to ensure that
            the fishing industry continues to produce and process
            essential protein in national security emergencies;
              (9) Develop plans to provide meteorological,
            hydrologic, marine weather, geodetic, hydrographic,
            climatic, seismic, and oceanographic data and services
            to Federal, State, and local agencies, as appropriate;
              (10) In coordination with the Secretary of State and
            the Secretary of Homeland Security,\7\ represent the
            United States in industry-related international (NATO
            and allied) civil emergency preparedness planning and
            related activities.
        Sec. 402. Support Responsibilities. The Secretary of
    Commerce shall:
              (1) Assist the Secretary of Defense in formulating
            and carrying out plans for stockpiling strategic and
            critical materials;
              (2) Support the Secretary of Agriculture in planning
            for the national security management, production, and
            processing of forest and fishery products;
              (3) Assist, in consultation with the Secretaries of
            State and Defense, the Secretary of the Treasury in the
            formulation and execution of economic measures
            affecting other nations.

                         Part 5--Department of Defense

        Sec. 501. Lead Responsibilities. In addition to the
    applicable responsibilities covered in Parts 1 and 2, the
    Secretary of Defense shall:
              (1) Ensure military preparedness and readiness to
            respond to national security emergencies;
              (2) In coordination with the Secretary of Commerce,
            develop, with industry, government, and the private
            sector, reliable capabilities for the rapid increase of
            defense production to include industrial resources
            required for that production;
              (3) Develop and maintain, in cooperation with the
            heads of other departments and agencies, national
            security emergency plans, programs, and mechanisms to
            ensure effective mutual support between and among the
            military, civil government, and private sector;
              (4) Develop and maintain damage assessment
            capabilities and assist the Secretary of Homeland
            Security \7\ and the heads of other departments and
            agencies in developing and maintaining capabilities to
            assess attack damage and to estimate the effects of
            potential attack on the Nation;
              (5) Arrange, through agreements with the heads of
            other Federal departments and agencies, for the
            transfer of certain Federal resources to the
            jurisdiction and/or operational control of the
            Department of Defense in national security emergencies;
              (6) Acting through the Secretary of the Army,
            develop, with the concurrence of the heads of all
            affected departments and agencies, overall plans for
            the management, control, and allocation of all usable
            waters from all sources within the jurisdiction of the
            United States. This includes:
                      (a) Coordination of national security
                    emergency water resource planning at the
                    national, regional, State, and local levels;
                      (b) Development of plans to assure emergency
                    provision of water from public works projects
                    under the jurisdiction of the Secretary of the
                    Army to public water supply utilities and
                    critical defense production facilities during
                    national security emergencies;
                      (c) Development of plans to assure emergency
                    operation of waterways and harbors; and
                      (d) Development of plans to assure the
                    provision of potable water;
              (7) In consultation with the Secretaries of State and
            Energy, the Secretary of Homeland Security,\7\ and
            others, as required, develop plans and capabilities for
            identifying, analyzing, mitigating, and responding to
            hazards related to nuclear weapons, materials, and
            devices; and maintain liaison, as appropriate, with the
            Secretary of Energy and the Members of the Nuclear
            Regulatory Commission to ensure the continuity of
            nuclear weapons production and the appropriate
            allocation of scarce resources, including the recapture
            of special nuclear materials from Nuclear Regulatory
            Commission licensees when appropriate;
              (8) Coordinate with the Administrator of the National
            Aeronautics and Space Administration and the Secretary
            of Energy, as appropriate, to prepare for the use,
            maintenance, and development of technologically
            advanced aerospace and aeronautical-related systems,
            equipment, and methodologies applicable to national
            security emergencies;
              (9) Develop, in coordination with the Secretaries
            \13\ of Labor and Homeland Security,\13\ the Directors
            of the Selective Service System, the Office of
            Personnel Management, and the Federal Emergency
            Management Agency, plans and systems to ensure that the
            Nation's human resources are available to meet
            essential military and civilian needs in national
            security emergencies;
    ---------------------------------------------------------------------------
        \13\ Sec. 42 of Executive Order 13286 (68 F.R. 10626) struck out
    ``Secretary'', inserted in lieu thereof ``Secretaries'', and inserted
    ``and Homeland Security''.
    ---------------------------------------------------------------------------
              (10) Develop national security emergency operational
            procedures, and coordinate with the Secretary of
            Housing and Urban Development with respect to
            residential property, for the control, acquisition,
            leasing, assignment and priority of occupancy of real
            property within the jurisdiction of the Department of
            Defense;
              (11) Review the priorities and allocations systems
            developed by other departments and agencies to ensure
            that they meet Department of Defense needs in a
            national security emergency; and develop and maintain
            the Department of Defense programs necessary for
            effective utilization of all priorities and allocations
            systems;
              (12) Develop, in coordination with the Attorney
            General of the United States, specific procedures by
            which military assistance to civilian law enforcement
            authorities may be requested, considered, and provided;
              (13) In cooperation with the Secretary of Commerce
            and other departments and agencies, identify those
            industrial products and facilities that are essential
            to mobilization readiness, national defense, or post-
            attack survival and recovery;
              (14) In cooperation with the Secretary of Commerce
            and other Federal departments and agencies, analyze
            potential effects of national security emergencies on
            actual production capability, taking into account the
            entire production complex, including shortages of
            resources, and develop preparedness measures to
            strengthen capabilities for production increases in
            national security emergencies;
              (15) With the assistance of the heads of other
            Federal departments and agencies, provide management
            direction for the stockpiling of strategic and critical
            materials, conduct storage, maintenance, and quality
            assurance operations for the stockpile of strategic and
            critical materials, and formulate plans, programs, and
            reports relating to the stockpiling of strategic and
            critical materials.
              (16) \14\ Subject to the direction of the President,
            and pursuant to procedures to be developed jointly by
            the Secretary of Defense and the Secretary of State, be
            responsible for the deployment and use of military
            forces for the protection of United States citizens and
            nationals and, in connection therewith, designated
            other persons or categories of persons, in support of
            their evacuation from threatened areas overseas.
    ---------------------------------------------------------------------------
        \14\ Executive Order 13074 (63 F.R. 7277) added para. (16).
    ---------------------------------------------------------------------------
        Sec. 502. Support Responsibilities. The Secretary of
    Defense shall:
              (1) Advise and assist the heads of other Federal
            departments and agencies in the development of plans
            and programs to support national mobilization. This
            includes, providing, as appropriate:
                      (a) Military requirements, prioritized and
                    time-phased to the extent possible, for
                    selected end-items and supporting services,
                    materials and components;
                      (b) Recommendations for use of financial
                    incentives and other methods to improve defense
                    production as provided by law; and
                      (c) Recommendations for export and import
                    policies;
              (2) Advise and assist the Secretary of State and the
            heads of other Federal departments and agencies; as
            appropriate, in planning for the protection,
            evacuation, and repatriation of United States citizens
            in threatened areas overseas;
              (3) Support the Secretary of Housing and Urban
            Development and the heads of other agencies, as
            appropriate in the development of plans to restore
            community facilities;
              (4) Support the Secretary of Energy in international
            liaison activities pertaining to nuclear materials
            facilities;
              (5) In consultation with the Secretaries of State and
            Commerce, assist the Secretary of the Treasury in the
            formulation and execution of economic measures that
            affect other nations;
              (6) Support the Secretary of State and the heads of
            other Federal departments and agencies as appropriate
            in the formulation and implementation of foreign
            policy, and the negotiation of contingency and post-
            emergency plans, intergovernmental agreements, and
            arrangements with allies and friendly nations, which
            affect national security;
              (7) Coordinate with the Secretary of Homeland
            Security \7\ the development of plans for mutual civil-
            military support during national security emergencies;
              (8) Develop plans to support the Secretary of Labor
            in providing education and training to overcome
            shortages of critical skills.
              * * * * * * *

                          Part 13--Department of State

        Sec. 1301. Lead Responsibilities. In addition to the
    applicable responsibilities covered in Parts 1 and 2, the
    Secretary of State shall:
              (1) Provide overall foreign policy coordination in
            the formulation and execution of continuity of
            government and other national security emergency
            preparedness activities that affect foreign relations;
              (2) Prepare to carry out Department of State
            responsibilities in the conduct of the foreign
            relations of the United States during national security
            emergencies, under the direction of the President and
            in consultation with the heads of other appropriate
            Federal departments and agencies, including, but not
            limited to:
                      (a) Formulation and implementation of foreign
                    policy and negotiation regarding contingency
                    and post-emergency plans, intergovernmental
                    agreements, and arrangements with United
                    States' allies;
                      (b) Formulation, negotiation, and execution
                    of policy affecting the relationships of the
                    United States with neutral states;
                      (c) Formulation and execution of political
                    strategy toward hostile or enemy states;
                      (d) Conduct of mutual assistance activities;
                      (e) Provision of foreign assistance,
                    including continuous supervision and general
                    direction of authorized economic and military
                    assistance programs;
                      (f) Protection or evacuation of United States
                    citizens and nationals abroad and safeguarding
                    their property abroad, in consultation with the
                    Secretaries of Defense and Health and Human
                    Services;
                      (g) Protection of international organizations
                    and foreign diplomatic, consular, and other
                    official personnel and property, and other
                    assets, in the United States, in coordination
                    with the Attorney General and the Secretary of
                    the Treasury;
                      (h) Formulation of policies and provisions
                    for assistance to displaced persons and
                    refugees abroad;
                      (i) Maintenance of diplomatic and consular
                    representation abroad; and
                      (j) Reporting of and advising on conditions
                    overseas that bear upon national security
                    emergencies.
        Sec. 1302. Support Responsibilities. The Secretary of State
    shall:
              (1) Assist appropriate agencies in developing
            planning assumptions concerning accessibility of
            foreign sources of supply;
              (2) Support the Secretary of the Treasury, in
            consultation, as appropriate, with the Secretaries of
            Commerce and Defense, in the formulation and execution
            of economic measures with respect to other nations;
              (3) Support the Secretary of Energy in the
            international liaison activities pertaining to nuclear
            materials facilities;
              (4) Support the Secretary of Homeland Security \7\ in
            the coordination and integration of United States
            policy regarding the formulation and implementation of
            civil emergency resources and preparedness planning;
              (5) Assist the Attorney General of the United States
            in the formulation of national security emergency plans
            for the control of persons entering or leaving the
            United States.
              * * * * * * *

                   Part 25--United States Information Agency

        Sec. 2501. Lead Responsibilities. In addition to the
    applicable responsibilities covered in Parts 1 and 2, the
    Director of the United States Information Agency shall:
              (1) Plan for the implementation of information
            programs to promote an understanding abroad of the
            status of national security emergencies within the
            United States;
              (2) In coordination with the Secretary of State's
            exercise of telecommunications functions affecting
            United States diplomatic missions and consular offices
            overseas, maintain the capability to provide television
            and simultaneous direct radio broadcasting in major
            languages to all areas of the world, and the capability
            to provide wireless file to all United States embassies
            during national security emergencies.
        Sec. 2502. Support Responsibility. The Director of the
    United States Information Agency shall assist the heads of
    other Federal departments and agencies in planning for the use
    of media resources and foreign public information programs
    during national security emergencies.
              * * * * * * *

                                Part 29--General

        Sec. 2901. Executive Order Nos. 10421 and 11490, as
    amended, are hereby revoked. This Order shall be effective
    immediately.
           17. U.S. Government Opposition to the Practice of Torture

     Public Law 98-447 [H.J. Res. 605], 98 Stat. 1721, approved October 4,
                                      1984

      JOINT RESOLUTION Regarding the implementation of the policy of the
     United States Government in opposition to the practice of torture by
                            any foreign government.

    Whereas international human rights organizations have
        investigated and reported on the use of torture in many
        countries throughout the world;
    Whereas the Department of State in its annual country reports
        on human rights practices has reported that torture is all
        too frequent in many countries of the world;
    Whereas torture knows no ideological boundaries and is
        practiced in countries in every region of the world;
    Whereas torture is absolutely prohibited by international legal
        standards;
    Whereas in those countries where torture is practiced
        systematically, it is possible to identify laws,
        institutions, and other forms of political organization
        that contribute to the practice and allow its continuation;
    Whereas legal, medical, religious, and other groups seeking to
        combat torture emphasize that access to detainees, the
        civil and criminal prosecution of torturers, and the
        rehabilitation of victims of torture are critical steps in
        reducing the practice and effects of torture;
    Whereas the United States Government has supported the work of
        the United Nations Commission on Human Rights in developing
        the draft Convention Against Torture and Other Cruel,
        Inhuman or Degrading Treatment or Punishment which is
        intended to reduce the practice of torture and lead to its
        eventual abolition, and the United States Government is
        supportive of the United Nations Voluntary Fund for Victims
        of Torture; and
    Whereas the good will of the peoples of the world toward the
        United States can be increased when the United States
        distances itself from the practice of torture by
        governments friendly to the United States: Now, therefore,
        be it

        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That \1\ the
    Congress reaffirms that it is the continuing policy of the
    United States Government to oppose the practice of torture by
    foreign governments through public and private diplomacy and,
    when necessary and appropriate, through the enactment and
    vigorous implementation of laws intended to reinforce United
    States policies with respect to torture. The United States
    Government opposes acts of torture wherever they occur, without
    regard to ideological or regional considerations, and will make
    every effort to work cooperatively with other governments and
    with nongovernmental organizations to combat the practice of
    torture worldwide.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 2656 note.
    ---------------------------------------------------------------------------
        Sec. 2.\1\ (a) The President is requested--
              (1) to instruct the Permanent Representative of the
            United States to the United Nations to continue to
            raise the issue of torture practiced by governments;
            and
              (2) to continue to involve the United States
            Government in the formulation of international
            standards and effective implementing mechanisms,
            particularly the draft Convention Against Torture and
            Other Cruel, Inhuman or Degrading Treatment of
            Punishment.
        (b) In order to implement the policy expressed in the first
    section of this resolution, the Secretary of State is requested
    to issue formal instructions to each United States chief of
    mission regarding United States policy with respect to torture,
    including--
              (1) instructions--
                      (A) to examine allegations of the practice of
                    torture, particularly allegations concerning
                    the existence of secret detention, extended
                    incommunicado detention, and restriction on
                    access by family members, lawyers, and
                    independent medical personnel to detainees; and
                      (B) to forward such information as may be
                    gathered, including information regarding any
                    efforts made by the host government to reduce
                    and eliminate the practice of torture, to the
                    Assistant Secretary of State for Human Rights
                    and Humanitarian Affairs for analysis in
                    preparing the Department's annual country
                    reports on human rights practices;
              (2) in the case of a chief of mission assigned to a
            country where torture is regularly practiced,
            instructions to report on a periodic basis as
            circumstances require to the Assistant Secretary of
            State for Human Rights and Humanitarian Affairs
            regarding efforts made by the respective United States
            diplomatic mission to implement United States policy
            with respect to combating torture;
              (3) instructions to meet with indigenous human rights
            monitoring groups knowledgeable about the practice of
            torture for the purpose of gathering information about
            such practice; and
              (4) instructions to express concern in individual
            cases of torture brought to the attention of a United
            States diplomatic mission including, whenever feasible,
            sending United States observers to trials when there is
            reason to believe that torture has been used against
            the accused.
        (c) The Secretary of Commerce should continue to enforce
    vigorously the current restrictions on the export of crime
    control equipment pursuant to the Export Administration Act of
    1979.
        (d) The heads of the appropriate departments of the United
    States Government that furnish military and law enforcement
    training to foreign personnel, particularly personnel from
    countries where the practice of torture has been a documented
    concern, shall include in such training, when relevant,
    instruction regarding international human rights standards and
    the policy of the United States with respect to torture.
                    18. Commission on the Ukraine Famine Act

        Partial text of Public Law 99-180 [The Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies Appropriations
      Act, 1986; H.R. 2965], 99 Stat. 1136 at 1157, approved December 13,
       1985; as amended by Public Law 100-340 [S. 2304], 102 Stat. 622,
                             approved June 17, 1988

              Note.--Sec. 136 of Public Law 98-473 (Continuing
            Appropriations Act, 1985; 98 Stat. 1973) appropriated
            $400,000 to carry out the provisions of S. 2456, a bill
            to establish a commission to study the 1932-1933
            Ukraine famine. S. 2456 passed the Senate on September
            21, 1984 but was not enacted. Subsequently, Title V of
            Public Law 99-180 (Departments of Commerce, Justice,
            and State, the Judiciary, and Related Agencies
            Appropriations Act, 1986), modified the Commission as
            established by S. 2456 and appropriated funds as set
            forth below.

              * * * * * * *

                           TITLE V--RELATED AGENCIES

              * * * * * * *

                        Commission on the Ukraine Famine

        For necessary expenses of the Commission on the Ukraine
    Famine to carry out the provisions of S. 2456 (98th Congress)
    as passed the Senate on September 21, 1984, $400,000, to remain
    available until expended, and the Commission on the Ukraine
    Famine as contained in S. 2456, is hereby established, with
    modifications as follows:

                                 establishment

        Section 1. There is established a commission to be known as
    the ``Commission on the Ukraine Famine'' (in this Act referred
    to as the ``Commission'').

                           purpose of the commission

        Sec. 2. The purpose of the Commission is to conduct a study
    of the 1932-1933 Ukraine famine in order to--
              (1) expand the world's knowledge of the famine; and
              (2) provide the American public with a better
            understanding of the Soviet system by revealing the
            Soviet role in the Ukraine famine.

                            duties of the commission

        Sec. 3. The duties of the Commission are to--
              (1) conduct a study of the 1932-1933 Ukraine famine
            (in this Act referred to as the ``famine study''), in
            accordance with section 6 of this Act, in which the
            Commission shall--
                      (A) gather all available information about
                    the 1932-1933 famine in Ukraine;
                      (B) analyze the causes of such famine and the
                    effects it has had on the Ukrainian nation and
                    other countries; and
                      (C) study and analyze the reaction by the
                    free countries of the world to such famine; and
              (2) submit to Congress for publication a final report
            on the results of the famine study no later than June
            22, 1990 \1\ of this Act.
    ---------------------------------------------------------------------------
        \1\ Sec. (1) of Public Law 100-340 (102 Stat. 622) struck out ``two
    years after the organizational meeting of the Commission held under
    section 6(a)'' and inserted in lieu thereof ``June 22, 1990''. The
    words ``of this Act'' which follow this point should probably have been
    struck out as well.
    ---------------------------------------------------------------------------

                                   membership

        Sec. 4. (a) The Commission shall be composed of fifteen
    members, who shall be appointed within thirty days after the
    date of enactment of this Act, as follows:
              (1) Four members shall be Members of the House of
            Representatives and shall be appointed by the Speaker
            of the House of Representatives. Two such members shall
            be selected from the majority party of the House of
            Representatives and two such members shall be selected,
            after consultation with the minority leader of the
            House, from the minority party of the House of
            Representatives. The Speaker also shall designate one
            of the House Members as Chairman of the Commission.
              (2) Two members shall be Members of the Senate and
            shall be appointed by the President pro tempore of the
            Senate. One such member shall be selected from the
            majority party of the Senate and one such member shall
            be selected, after consultation with the minority
            leader of the Senate, from the minority party of the
            Senate.
              (3) One member shall be from among officers and
            employees of each of the Departments of State,
            Education, and Health and Human Services and shall be
            appointed by the President, after consultation with the
            Secretaries of the respective departments.
              (4) Six members shall be from the Ukrainian-American
            community at large and Ukrainian-American chartered
            human rights groups and shall be appointed by the
            Chairman of the Commission in consultation with
            congressional members of the Commission, the Ukrainian-
            American community at large, and executive boards of
            Ukrainian-American chartered human rights groups.
        (b) The term of office of each member shall be for the life
    of the Commission. A vacancy in the Commission shall be filled
    in the manner in which the original appointment was made.\2\
    ---------------------------------------------------------------------------
        \2\ Sec. (2) of Public Law 100-340 (102 Stat. 622) added this
    sentence.
    ---------------------------------------------------------------------------
        (c) Each member of the Commission who is not otherwise
    employed by the United States Government shall be paid from the
    sum appropriated to carry out this Act, the daily equivalent of
    the rate of basic pay payable for GS-18 of the General Schedule
    for each day, including travel time, during which he or she is
    attending meetings or hearings of the Commission or otherwise
    performing Commission related duties as requested by the
    Chairman of the Commission. A member of the Commission who is
    an officer or employee of the United States Government or a
    Member of Congress shall serve without additional compensation.
    Each member of the Commission shall be reimbursed for travel
    expenses, including per diem in lieu of subsistence, as
    authorized by section 5703 of title 5, United States Code, for
    persons in Government service employed intermittently.

                           administrative provisions

        Sec. 5. (a) Not later than thirty days after all members
    have been appointed to the Commission, the Commission shall
    hold an organizational meeting to establish the rules and
    procedures under which it will carry out its responsibilities.
        (b) The Commission shall hire experts and consultants in
    accordance with section 3109 of title 5, United States Code,
    from the academic community to assist in carrying out the
    famine study. Such experts and consultants shall be chosen by a
    majority vote of the Commission members on the basis of their
    academic background and their experience relevant to research
    on the Ukraine famine. No person shall be otherwise employed by
    the Federal Government while serving as an expert or consultant
    to the Commission.
        (c) The Commission shall have a staff director, who shall
    be appointed by the Chairman.

                            powers of the commission

        Sec. 6. (a) The Commission or any member it authorizes may,
    for the purpose of carrying out this Act, hold such hearings,
    sit and act at such times and places, request such attendance,
    take such testimony, and receive such evidence as the
    Commission considers appropriate. The Commission or any such
    member may administer oaths or affirmations to witnesses
    appearing before it.
        (b)(1) The Commission may issue subpenas requiring the
    attendance and testimony of witnesses and the production of any
    evidence that relates to any matter under investigation by the
    Commission. Such attendance of witnesses and the production of
    such evidence may be required from any place within the United
    States at any designated place of hearing within the United
    States.
        (2) The subpenas of the Commission may be issued by the
    Chairman of the Commission or any member designated by him and
    may be served by any person designated by the Chairman or such
    member. The subpenas of the Commission shall be served in the
    same manner provided for subpenas issued by a United States
    district court under the Federal Rules of Civil Procedure for
    the United States district courts.
        (3) If a person issued a subpena under paragraph (1)
    refuses to obey such subpena, any court of the United States
    within the judicial district within which the hearing is
    conducted or within the judicial district within which such
    person is found or resides or transacts business may (upon
    application by the Commission) order such person to appear
    before the Commission to produce evidence or to give testimony
    relating to the matter under investigation. Any failure to obey
    such order of the court may be punished as a contempt of the
    court.
        (4) All process of any court to which application may be
    made under this section may be served in the judicial district
    in which the person required to be served resides or may be
    found.
        (c) The Commission may obtain from any department or agency
    of the United States information that it considers useful in
    the discharge of its duties. Upon request of the Chairman, the
    head of such department or agency shall furnish such
    information to the Commission to the extent permitted by law.
        (d) The Commission may appoint and fix the pay of such
    personnel as it considers appropriate. Such personnel may be
    appointed without regard to the provisions of title 5, United
    States Code, governing appointments in the competitive service,
    and may be paid without regard to the provisions of chapter 51
    and subchapter 53 of such title, relating to classification and
    General Schedule pay rates. No individual so appointed may
    receive pay in excess of the maximum annual rate of pay payable
    for GS-18 of the General Schedule under section 5332 of title
    5, United States Code.
        (e) The Commission may solicit, accept, use, and dispose of
    donations of money, property, or services.
        (f) The Commission may use the United States mails in the
    same manner and under the same conditions as other departments
    and agencies of the United States.
        (g) The Administrator of General Services shall provide to
    the Commission on a reimbursable basis such administrative
    support services as the Commission may request.
        (h) The Commission may procure by contract any supplies,
    services, and property, including the conduct of research and
    the preparation of reports by Government agencies and private
    firms, necessary to discharge the duties of the Commission, in
    accordance with applicable laws and regulations and to the
    extent or in such amounts as are provided in appropriation
    Acts.

                                  termination

        Sec. 7. The Commission shall terminate sixty days after the
    report of the Commission is submitted to Congress under section
    4(4) of this Act.

                        authorization of appropriations

        Sec. 8. There is authorized to be appropriated the sum of
    $400,000, to remain available until expended, to carry out this
    Act.
                    19. Nazi War Crimes and Holocaust Assets

                       a. Nazi War Crimes Disclosure Act

    Public Law 105-246 [S. 1379], 112 Stat. 1859, approved October 8, 1998;
        as amended by Public Law 106-567 [Japanese Imperial Government
    Disclosure Act of 2000; H.R. 5630], 114 Stat. 2831), approved December
                                    27, 2000

      AN ACT To amend section 552 of title 5, United States Code, and the
     National Security Act of 1947 to require disclosure under the Freedom
        of Information Act regarding certain persons, disclose Nazi war
      criminal records without impairing any investigation or prosecution
    conducted by the Department of Justice or certain intelligence matters,
                            and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``Nazi War Crimes Disclosure
    Act''.
    ---------------------------------------------------------------------------
        \1\ 5 U.S.C. 522 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\ ESTABLISHMENT OF NAZI WAR CRIMINAL RECORDS INTERAGENCY
                        WORKING GROUP.

        (a) Definitions.--In this section the term--
              (1) ``agency'' has the meaning given such term under
            section 551 of title 5, United States Code;
              (2) ``Interagency Group'' means the Nazi War Criminal
            Records Interagency Working Group established under
            subsection (b);
              (3) ``Nazi war criminal records'' has the meaning
            given such term under section 3 of this Act; and
              (4) ``record'' means a Nazi war criminal record.
        (b) Establishment of Interagency Group.--
              (1) In general.--Not later than 60 days after the
            date of enactment of this Act, the President shall
            establish the Nazi War Criminal Records Interagency
            Working Group, which shall remain in existence for 3
            years after the date the Interagency Group is
            established.
              (2) Membership.--The President shall appoint to the
            Interagency Group individuals whom the President
            determines will most completely and effectively carry
            out the functions of the Interagency Group within the
            time limitations provided in this section, including
            the Director of the Holocaust Museum, the Historian of
            the Department of State, the Archivist of the United
            States, the head of any other agency the President
            considers appropriate, and no more than 4 other persons
            who shall be members of the public, of whom 3 shall be
            persons appointed under the provisions of this Act in
            effect on October 8, 1998.\2\ The head of an agency
            appointed by the President may designate an appropriate
            officer to serve on the Interagency Group in lieu of
            the head of such agency.
    ---------------------------------------------------------------------------
        \2\ Sec. 802(b)(2) of the Japanese Imperial Government Disclosure
    Act of 2000 (title VIII of Public Law 106-567; 114 Stat. 2865) struck
    out ``3 other persons'' and inserted in lieu thereof ``4 other persons
    who shall be members of the public, of whom 3 shall be persons
    appointed under the provisions of this Act in effect on October 8,
    1998.''.
        Sec. 802(b)(1) of Public Law 106-567 further provided that ``Not
    later than 60 days after the date of the enactment of this Act, the
    President shall designate the Working Group established under the Nazi
    War Crimes Disclosure Act (Public Law 105-246; 5 U.S.C. 552 note) to
    also carry out the purposes of this title with respect to Japanese
    Imperial Government records, and that Working Group shall remain in
    existence for 3 years after the date on which this title takes effect.
    Such Working Group is redesignated as the `Nazi War Crimes and Japanese
    Imperial Government Records Interagency Working Group'.''.
    ---------------------------------------------------------------------------
              (3) Initial meeting.--Not later than 90 days after
            the date of enactment of this Act, the Interagency
            Group shall hold an initial meeting and begin the
            functions required under this section.
        (c) Functions.--Not later than 1 year after the date of
    enactment of this Act, the Interagency Group shall, to the
    greatest extent possible consistent with section 3 of this
    Act--
              (1) locate, identify, inventory, recommend for
            declassification, and make available to the public at
            the National Archives and Records Administration, all
            classified Nazi war criminal records of the United
            States;
              (2) coordinate with agencies and take such actions as
            necessary to expedite the release of such records to
            the public; and
              (3) submit a report to Congress, including the
            Committee on the Judiciary of the Senate and the
            Committee on Government Reform and Oversight of the
            House of Representatives, describing all such records,
            the disposition of such records, and the activities of
            the Interagency Group and agencies under this section.
        (d) Funding.--There are authorized to be appropriated such
    sums as may be necessary to carry out the provisions of this
    Act.

    SEC. 3.\1\ REQUIREMENT OF DISCLOSURE OF RECORDS REGARDING PERSONS WHO
                        COMMITTED NAZI WAR CRIMES.

        (a) Nazi War Criminal Records.--For purposes of this Act,
    the term ``Nazi war criminal records'' means classified records
    or portions of records that--
              (1) pertain to any person with respect to whom the
            United States Government, in its sole discretion, has
            grounds to believe ordered, incited, assisted, or
            otherwise participated in the persecution of any person
            because of race, religion, national origin, or
            political opinion, during the period beginning on March
            23, 1933, and ending on May 8, 1945, under the
            direction of, or in association with--
                      (A) the Nazi government of Germany;
                      (B) any government in any area occupied by
                    the military forces of the Nazi government of
                    Germany;
                      (C) any government established with the
                    assistance or cooperation of the Nazi
                    government of Germany; or
                      (D) any government which was an ally of the
                    Nazi government of Germany; or
              (2) pertain to any transaction as to which the United
            States Government, in its sole discretion, has grounds
            to believe--
                      (A) involved assets taken from persecuted
                    persons during the period beginning on March
                    23, 1933, and ending on May 8, 1945, by, under
                    the direction of, on behalf of, or under
                    authority granted by the Nazi government of
                    Germany or any nation then allied with that
                    government; and
                      (B) such transaction was completed without
                    the assent of the owners of those assets or
                    their heirs or assigns or other legitimate
                    representatives.
        (b) Release of Records.--
              (1) In general.--Subject to paragraphs (2), (3), and
            (4), the Nazi War Criminal Records Interagency Working
            Group shall release in their entirety Nazi war criminal
            records that are described in subsection (a).
              (2) Exception for privacy, etc.--An agency head may
            exempt from release under paragraph (1) specific
            information, that would--
                      (A) constitute a clearly unwarranted invasion
                    of personal privacy;
                      (B) reveal the identity of a confidential
                    human source, or reveal information about the
                    application of an intelligence source or
                    method, or reveal the identity of a human
                    intelligence source when the unauthorized
                    disclosure of that source would clearly and
                    demonstrably damage the national security
                    interests of the United States;
                      (C) reveal information that would assist in
                    the development or use of weapons of mass
                    destruction;
                      (D) reveal information that would impair
                    United States cryptologic systems or
                    activities;
                      (E) reveal information that would impair the
                    application of state-of-the-art technology
                    within a United States weapon system;
                      (F) reveal actual United States military war
                    plans that remain in effect;
                      (G) reveal information that would seriously
                    and demonstrably impair relations between the
                    United States and a foreign government, or
                    seriously and demonstrably undermine ongoing
                    diplomatic activities of the United States;
                      (H) reveal information that would clearly and
                    demonstrably impair the current ability of
                    United States Government officials to protect
                    the President, Vice President, and other
                    officials for whom protection services, in the
                    interest of national security, are authorized;
                      (I) reveal information that would seriously
                    and demonstrably impair current national
                    security emergency preparedness plans; or
                      (J) violate a treaty or international
                    agreement.
              (3) Application of exemptions.--
                      (A) In general.--In applying the exemptions
                    listed in subparagraphs (B) through (J) of
                    paragraph (2), there shall be a presumption
                    that the public interest in the release of Nazi
                    war criminal records will be served by
                    disclosure and release of the records.
                    Assertion of such exemption may only be made
                    when the agency head determines that disclosure
                    and release would be harmful to a specific
                    interest identified in the exemption. An agency
                    head who makes such a determination shall
                    promptly report it to the committees of
                    Congress with appropriate jurisdiction,
                    including the Committee on the Judiciary of the
                    Senate and the Committee on Government Reform
                    and Oversight of the House of Representatives.
                    The exemptions set forth in paragraph (2) shall
                    constitute the only authority pursuant to which
                    an agency head may exempt records otherwise
                    subject to release under paragraph (1).
                      (B) Application of title 5.--A determination
                    by an agency head to apply an exemption listed
                    in subparagraphs (B) through (I) of paragraph
                    (2) shall be subject to the same standard of
                    review that applies in the case of records
                    withheld under section 552(b)(1) of title 5,
                    United States Code.
              (4) Limitation on application.--This subsection shall
            not apply to records--
                      (A) related to or supporting any active or
                    inactive investigation, inquiry, or prosecution
                    by the Office of Special Investigations of the
                    Department of Justice; or
                      (B) solely in the possession, custody, or
                    control of that office.
        (c) Inapplicability of National Security Act of 1947
    Exemption.--Section 701(a) of the National Security Act of 1947
    (50 U.S.C. 431) shall not apply to any operational file, or any
    portion of any operational file, that constitutes a Nazi war
    criminal record under section 3 of this Act.

    SEC. 4.\1\ EXPEDITED PROCESSING OF FOIA REQUESTS FOR NAZI WAR CRIMINAL
                        RECORDS.

        (a) Expedited Processing.--For purposes of expedited
    processing under section 552(a)(6)(E) of title 5, United States
    Code, any requester of a Nazi war criminal record shall be
    deemed to have a compelling need for such record.
        (b) Requester.--For purposes of this section, the term
    ``requester'' means any person who was persecuted in the manner
    described under section 3(a)(1) of this Act who requests a Nazi
    war criminal record.

    SEC. 5.\1\ EFFECTIVE DATE.

        This Act and the amendments made by this Act shall take
    effect on the date that is 90 days after the date of enactment
    of this Act.
        b. Making Public Nazi War Crimes Records--Sense of the Congress

     Public Law 104-309 [H.R. 1281], 110 Stat. 3815, approved October 19,
                                      1996

        AN ACT To express the sense of the Congress that United States
    Government agencies in possession of records about individuals who are
      alleged to have committed Nazi war crimes should make these records
                                    public.

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

    SECTION 1. FINDINGS.

        The Congress finds that--
              (1) during the 104th Congress, Americans commemorated
            the 50th anniversary of the conclusion of the Second
            World War and the end of the Holocaust, one of the
            worst tragedies in history;
              (2) it is important to learn all that we can about
            this terrible era so that we can prevent such a
            catastrophe from ever happening again;
              (3) the cold war is over;
              (4) numerous nations, including those of the former
            Soviet Union, are making public their files on Nazi war
            criminals as well as crimes committed by agencies of
            their own governments;
              (5) on April 17, 1995, President Clinton signed
            Executive Order 12958, which will make available
            certain previously classified national security
            documents that are at least 25 years old;
              (6) that Executive Order stated: ``Our democratic
            principles require that the American people be informed
            of the activities of their Government.'';
              (7) this year marks the 30th anniversary of the
            passage of the Freedom of Information Act;
              (8) agencies of the United States Government possess
            information on individuals who ordered, incited,
            assisted, or otherwise participated in Nazi war crimes;
              (9) some agencies have routinely denied Freedom of
            Information Act requests for information about
            individuals who committed Nazi war crimes;
              (10) United States Government agencies may have been
            in possession of material about the war crimes
            facilitated by Kurt Waldheim but did not make this
            information public;
              (11) it is legitimate not to disclose certain
            material in Government files if the disclosure would
            seriously and demonstrably harm current or future
            national defense, intelligence, or foreign relations
            activities of the United States and if protection of
            these matters from disclosure outweighs the public
            interest of disclosure;
              (12) the disclosure of most Nazi war crimes
            information should not harm United States national
            interests; and
              (13) the Office of Special Investigations of the
            Department of Justice is engaged in vital work
            investigating and expelling Nazi war criminals from the
            United States, accordingly, the records created by
            these investigations and other actions should not be
            disclosed, and the investigations and other actions
            should not be interfered with.

    SEC. 2. SENSE OF THE CONGRESS.

        It is the sense of the Congress that United States
    Government agencies in possession of records about individuals
    who are alleged to have committed Nazi war crimes should make
    these records public.
                c. U.S. Holocaust Assets Commission Act of 1998

    Public Law 105-186 [S. 1900], 112 Stat. 611, approved June 23, 1998; as
        amended by Public Law 106-155 [U.S. Holocaust Assets Commission
    Extension Act of 1999; H.R. 2401], 113 Stat. 1740, approved December 9,
                                      1999

     AN ACT To establish a commission to examine issues pertaining to the
       disposition of Holocaust-era assets in the United States before,
      during, and after World War II, and to make recommendations to the
              President on further action, and for other purposes.

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

    SECTION 1.\1\ SHORT TITLE.

        This Act may be cited as the ``U.S. Holocaust Assets
    Commission Act of 1998''.
    ---------------------------------------------------------------------------
        \1\ 22 U.S.C. 1621 note.
    ---------------------------------------------------------------------------

    SEC. 2.\1\  ESTABLISHMENT OF COMMISSION.

        (a) Establishment.--There is established a Presidential
    Commission, to be known as the ``Presidential Advisory
    Commission on Holocaust Assets in the United States''
    (hereafter in this Act referred to as the ``Commission'').
        (b) Membership.--
              (1) Number.--The Commission shall be composed of 21
            members, appointed in accordance with paragraph (2).
              (2) Appointments.--Of the 21 members of the
            Commission--
                      (A) eight shall be private citizens,
                    appointed by the President;
                      (B) four shall be representatives of the
                    Department of State, the Department of Justice,
                    the Department of the Army, and the Department
                    of the Treasury (one representative of each
                    such Department), appointed by the President;
                      (C) two shall be Members of the House of
                    Representatives, appointed by the Speaker of
                    the House of Representatives;
                      (D) two shall be Members of the House of
                    Representatives, appointed by the minority
                    leader of the House of Representatives;
                      (E) two shall be Members of the Senate,
                    appointed by the majority leader of the Senate;
                      (F) two shall be Members of the Senate,
                    appointed by the minority leader of the Senate;
                    and
                      (G) one shall be the Chairperson of the
                    United States Holocaust Memorial Council.
              (3) Criteria for membership.--Each private citizen
            appointed to the Commission shall be an individual who
            has a record of demonstrated leadership on issues
            relating to the Holocaust or in the fields of commerce,
            culture, or education that would assist the Commission
            in analyzing the disposition of the assets of Holocaust
            victims.
              (4) Advisory panels.--The Chairperson of the
            Commission may, in the discretion of the Chairperson,
            establish advisory panels to the Commission, including
            State or local officials, representatives of
            organizations having an interest in the work of the
            Commission, or others having expertise that is relevant
            to the purposes of the Commission.
              (5) Date.--The appointments of the members of the
            Commission shall be made not later than 90 days after
            the date of enactment of this Act.
        (c) Chairperson.--The Chairperson of the Commission shall
    be selected by the President from among the members of the
    Commission appointed under subparagraph (A) or (B) of
    subsection (b)(2).
        (d) Period of Appointment.--Members of the Commission shall
    be appointed for the life of the Commission.
        (e) Vacancies.--Any vacancy in the membership of the
    Commission shall not affect its powers, but shall be filled in
    the same manner as the original appointment.
        (f) Meetings.--The Commission shall meet at the call of the
    Chairperson at any time after the date of appointment of the
    Chairperson.
        (g) Quorum.--11 members of the Commission shall constitute
    a quorum, but a lesser number of members may hold meetings.

    SEC. 3.\1\ DUTIES OF THE COMMISSION.

        (a) Original Research.--
              (1) In general.--Except as otherwise provided in
            paragraph (3), the Commission shall conduct a thorough
            study and develop a historical record of the collection
            and disposition of the assets described in paragraph
            (2), if such assets came into the possession or control
            of the Federal Government, including the Board of
            Governors of the Federal Reserve System and any Federal
            reserve bank, at any time after January 30, 1933--
                      (A) after having been obtained from victims
                    of the Holocaust by, on behalf of, or under
                    authority of a government referred to in
                    subsection (c);
                      (B) because such assets were left unclaimed
                    as the result of actions taken by, on behalf
                    of, or under authority of a government referred
                    to in subsection (c); or
                      (C) in the case of assets consisting of gold
                    bullion, monetary gold, or similar assets,
                    after such assets had been obtained by the Nazi
                    government of Germany from governmental
                    institutions in any area occupied by the
                    military forces of the Nazi government of
                    Germany.
              (2) Types of assets.--Assets described in this
            paragraph include--
                      (A) gold, including gold bullion, monetary
                    gold, or similar assets in the possession of or
                    under the control of the Board of Governors of
                    the Federal Reserve System or any Federal
                    reserve bank;
                      (B) gems, jewelry, and nongold precious
                    metals;
                      (C) accounts in banks in the United States;
                      (D) domestic financial instruments purchased
                    before May 8, 1945, by individual victims of
                    the Holocaust, whether recorded in the name of
                    the victim or in the name of a nominee;
                      (E) insurance policies and proceeds thereof;
                      (F) real estate situated in the United
                    States;
                      (G) works of art; and
                      (H) books, manuscripts, and religious
                    objects.
              (3) Coordination of activities.--In carrying out its
            duties under paragraph (1), the Commission shall, to
            the maximum extent practicable, coordinate its
            activities with, and not duplicate similar activities
            already being undertaken by, private individuals,
            private entities, or government entities, whether
            domestic or foreign.
              (4) Insurance policies.--
                      (A) In general.--In carrying out its duties
                    under this Act, the Commission shall take note
                    of the work of the National Association of
                    Insurance Commissioners with regard to
                    Holocaust-era insurance issues and shall
                    encourage the National Association of Insurance
                    Commissioners to prepare a report on the
                    Holocaust-related claims practices of all
                    insurance companies, both domestic and foreign,
                    doing business in the United States at any time
                    after January 30, 1933, that issued any
                    individual life, health, or property-casualty
                    insurance policy to any individual on any list
                    of Holocaust victims, including the following
                    lists:
                              (i) The list maintained by the United
                            States Holocaust Memorial Museum in
                            Washington, D.C., of Jewish Holocaust
                            survivors.
                              (ii) The list maintained by the Yad
                            Vashem Holocaust Memorial Authority in
                            its Hall of Names of individuals who
                            died in the Holocaust.
                      (B) Information to be included.--The report
                    on insurance companies prepared pursuant to
                    subparagraph (A) should include the following,
                    to the degree the information is available:
                              (i) The number of policies issued by
                            each company to individuals described
                            in such subparagraph.
                              (ii) The value of each policy at the
                            time of issue.
                              (iii) The total number of policies,
                            and the dollar amount, that have been
                            paid out.
                              (iv) The total present-day value of
                            assets in the United States of each
                            company.
                      (C) Coordination.--The Commission shall
                    coordinate its work on insurance issues with
                    that of the international Washington Conference
                    on Holocaust-Era Assets, to be convened by the
                    Department of State and the United States
                    Holocaust Memorial Council.
        (b) Comprehensive Review of Other Research.--Upon receiving
    permission from any relevant individuals or entities, the
    Commission shall review comprehensively any research by private
    individuals, private entities, and non-Federal government
    entities, whether domestic or foreign, into the collection and
    disposition of the assets described in subsection (a)(2), to
    the extent that such research focuses on assets that came into
    the possession or control of private individuals, private
    entities, or non-Federal government entities within the United
    States at any time after January 30, 1933, either--
              (1) after having been obtained from victims of the
            Holocaust by, on behalf of, or under authority of a
            government referred to in subsection (c); or
              (2) because such assets were left unclaimed as the
            result of actions taken by, on behalf of, or under
            authority of a government referred to in subsection
            (c).
        (c) Governments Included.--A government referred to in this
    subsection includes, as in existence during the period
    beginning on March 23, 1933, and ending on May 8, 1945--
              (1) the Nazi government of Germany;
              (2) any government in any area occupied by the
            military forces of the Nazi government of Germany;
              (3) any government established with the assistance or
            cooperation of the Nazi government of Germany; and
              (4) any government which was an ally of the Nazi
            government of Germany.
        (d) Reports.--
              (1) Submission to the president.--Not later than
            December 31, 2000,\2\ the Commission shall submit a
            final report to the President that shall contain any
            recommendations for such legislative, administrative,
            or other action as it deems necessary or appropriate.
            The Commission may submit interim reports to the
            President as it deems appropriate.
    ---------------------------------------------------------------------------
        \2\ Sec. 2(a) of the U.S. Holocaust Assets Commission Extension Act
    of 1999 (Public Law 106-155; 113 Stat. 1740) struck out ``December 31,
    1999'' and inserted in lieu thereof ``December 31, 2000''.
    ---------------------------------------------------------------------------
              (2) Submission to the congress.--After receipt of the
            final report under paragraph (1), the President shall
            submit to the Congress any recommendations for
            legislative, administrative, or other action that the
            President considers necessary or appropriate.

    SEC. 4.\1\ POWERS OF THE COMMISSION.

        (a) Hearings.--The Commission may hold such hearings, sit
    and act at such times and places, take such testimony, and
    receive such evidence as the Commission considers advisable to
    carry out this Act.
        (b) Information From Federal Agencies.--The Commission may
    secure directly from any Federal department or agency such
    information as the Commission considers necessary to carry out
    this Act. Upon request of the Chairperson of the Commission,
    the head of any such department or agency shall furnish such
    information to the Commission as expeditiously as possible.
        (c) Postal Services.--The Commission may use the United
    States mails in the same manner and under the same conditions
    as other departments and agencies of the Federal Government.
        (d) Gifts.--The Commission may accept, use, and dispose of
    gifts or donations of services or property.
        (e) Administrative Services.--For the purposes of obtaining
    administrative services necessary to carry out the purposes of
    this Act, including the leasing of real property for use by the
    Commission as an office, the Commission shall have the power
    to--
              (1) enter into contracts and modify, or consent to
            the modification of, any contract or agreement to which
            the Commission is a party; and
              (2) acquire, hold, lease, maintain, or dispose of
            real and personal property.

    SEC. 5.\1\ COMMISSION PERSONNEL MATTERS.

        (a) Compensation.--No member of the Commission who is a
    private citizen shall be compensated for service on the
    Commission. All members of the Commission who are officers or
    employees of the United States shall serve without compensation
    in addition to that received for their services as officers or
    employees of the United States.
        (b) Travel Expenses.--The members of the Commission shall
    be allowed travel expenses, including per diem in lieu of
    subsistence, at rates authorized for employees of agencies
    under subchapter I of chapter 57 of title 5, United States
    Code, while away from their homes or regular places of business
    in the performance of services for the Commission.
        (c) Executive Director, Deputy Executive Director, General
    Counsel, and Other Staff.--
              (1) In general.--Not later than 90 days after the
            selection of the Chairperson of the Commission under
            section 2, the Chairperson shall, without regard to the
            civil service laws and regulations, appoint an
            executive director, a deputy executive director, and a
            general counsel of the Commission, and such other
            additional personnel as may be necessary to enable the
            Commission to perform its duties under this Act.
              (2) Qualifications.--The executive director, deputy
            executive director, and general counsel of the
            Commission shall be appointed without regard to
            political affiliation, and shall possess all necessary
            security clearances for such positions.
              (3) Duties of executive director.--The executive
            director of the Commission shall--
                      (A) serve as principal liaison between the
                    Commission and other Government entities;
                      (B) be responsible for the administration and
                    coordination of the review of records by the
                    Commission; and
                      (C) be responsible for coordinating all
                    official activities of the Commission.
              (4) Compensation.--The Chairperson of the Commission
            may fix the compensation of the executive director,
            deputy executive director, general counsel, and other
            personnel employed by the Commission, without regard to
            the provisions of chapter 51 and subchapter III of
            chapter 53 of title 5, United States Code, relating to
            classification of positions and General Schedule pay
            rates, except that--
                      (A) the rate of pay for the executive
                    director of the Commission may not exceed the
                    rate payable for level III of the Executive
                    Schedule under section 5314 of title 5, United
                    States Code; and
                      (B) the rate of pay for the deputy executive
                    director, the general counsel of the
                    Commission, and other Commission personnel may
                    not exceed the rate payable for level IV of the
                    Executive Schedule under section 5315 of title
                    5, United States Code.
              (5) Employee benefits.--
                      (A) In general.--An employee of the
                    Commission shall be an employee for purposes of
                    chapters 83, 84, 85, 87, and 89 of title 5,
                    United States Code, and service as an employee
                    of the Commission shall be service for purposes
                    of such chapters.
                      (B) Nonapplication to members.--This
                    paragraph shall not apply to a member of the
                    Commission.
              (6) Office of personnel management.--The Office of
            Personnel Management--
                      (A) may promulgate regulations to apply the
                    provisions referred to under subsection (a) to
                    employees of the Commission; and
                      (B) shall provide support services, on a
                    reimbursable basis, relating to--
                              (i) the initial employment of
                            employees of the Commission; and
                              (ii) other personnel needs of the
                            Commission.
        (d) Detail of Government Employees.--Any Federal Government
    employee may be detailed to the Commission without
    reimbursement to the agency of that employee, and such detail
    shall be without interruption or loss of civil service status
    or privilege.
        (e) Procurement of Temporary and Intermittent Services.--
    The Chairperson of the Commission may procure temporary and
    intermittent services under section 3109(b) of title 5, United
    States Code, at rates for individuals which do not exceed the
    daily equivalent of the annual rate of basic pay prescribed for
    level V of the Executive Schedule under section 5316 of such
    title.
        (f) Staff Qualifications.--Any person appointed to the
    staff of or employed by the Commission shall be an individual
    of integrity and impartiality.
        (g) Conditional Employment.--
              (1) In general.--The Commission may offer employment
            on a conditional basis to a prospective employee
            pending the completion of any necessary security
            clearance background investigation. During the pendency
            of any such investigation, the Commission shall ensure
            that such conditional employee is not given and does
            not have access to or responsibility involving
            classified or otherwise restricted material.
              (2) Termination.--If a person hired on a conditional
            basis as described in paragraph (1) is denied or
            otherwise does not qualify for all security clearances
            necessary for the fulfillment of the responsibilities
            of that person as an employee of the Commission, the
            Commission shall immediately terminate the employment
            of that person with the Commission.
        (h) Expedited Security Clearance Procedures.--A candidate
    for executive director or deputy executive director of the
    Commission and any potential employee of the Commission shall,
    to the maximum extent possible, be investigated or otherwise
    evaluated for and granted, if applicable, any necessary
    security clearances on an expedited basis.

    SEC. 6.\1\ ADMINISTRATIVE SUPPORT SERVICES.

        Upon the request of the Commission, the Administrator of
    General Services shall provide to the Commission, on a
    reimbursable basis, the administrative support services
    necessary for the Commission to carry out its responsibilities
    under this Act.

    SEC. 7.\1\ TERMINATION OF THE COMMISSION.

        The Commission shall terminate 90 days after the date on
    which the Commission submits its final report under section 3.

    SEC. 8.\1\ MISCELLANEOUS PROVISIONS.

        (a) Inapplicability of FACA.--The Federal Advisory
    Committee Act (5 U.S.C. App.) does not apply to the Commission.
        (b) Public Attendance.--To the maximum extent practicable,
    each meeting of the Commission shall be open to members of the
    public.

    SEC. 9.\1\ AUTHORIZATION OF APPROPRIATIONS.

        There are authorized to be appropriated not more than
    $6,000,000,\3\ in total, for the interagency funding of
    activities of the Commission under this Act for fiscal years
    1998, 1999, 2000, and 2001,\3\ of which, notwithstanding
    section 1346 of title 31, United States Code, and section 611
    of the Treasury and General Government Appropriations Act,
    1998, $537,000 shall be made available in equal amounts from
    funds made available for fiscal year 1998 to the Departments of
    Justice, State, and the Army that are otherwise unobligated.
    Funds made available to the Commission pursuant to this section
    shall remain available for obligation until December 31, 1999.
    ---------------------------------------------------------------------------
        \3\ Sec. 2(b) of the U.S. Holocaust Assets Commission Extension Act
    of 1999 (Public Law 106-155; 113 Stat. 1740) struck out ``$3,500,000''
    and inserted in lieu thereof ``$6,000,000''; and struck out ``1999, and
    2000,'' and inserted in lieu thereof ``1999, 2000, and 2001,''.
        The Omnibus Consolidated and Emergency Supplemental Appropriations
    Act, 1999 (Public Law 105-277; 112 Stat. 2681-52) provided: ``That
    $813,333 of funds made available to the Department of Justice in this
    Act shall be transferred by the Attorney General to the Presidential
    Advisory Commission on Holocaust Assets in the United States:''; and
    ``That, of this amount [Salaries and Expenses, Department of State],
    $813,333 shall be transferred to the Presidential Advisory Commission
    on Holocaust Assets in the United States.''.
        The Consolidated Appropriations for Fiscal Year 2000 (Public Law
    106-113; 113 Stat. 1501) provided: ``That of the amount appropriated
    under this heading [Legal Activities of the Department of Justice]
    $582,000 shall be transferred to, and merged with, funds available to
    the Presidential Advisory Commission on Holocaust Assets in the United
    States and shall be made available for the same purposes for which such
    funds are available:'' and ``That of the amount made available under
    this heading [Administration of Foreign Affairs, Department of State],
    not to exceed $1,162,000 shall be available for transfer to the
    Presidential Advisory Commission on Holocaust Assets in the United
    States:''.
        The Department of Defense Appropriations Act, 2000 (Public Law 106-
    79; 113 Stat. 1212) provided: ``That notwithstanding section 2215 of
    title 10, United States Code, of the funds appropriated in this
    paragraph, $975,666 is authorized to be transferred to the Presidential
    Advisory Commission on Holocaust Assets in the United States, to remain
    available until March 31, 2001.''.
        An Act making appropriations for the government of the District of
    Columbia and other activities for fiscal year 2001 (Public Law 106-553;
    114 Stat. 2762) provided: ``That of the amount made available under
    this heading [Administration of Foreign Affairs, Department of State],
    not to exceed $1,400,000 shall be available for transfer to the
    Presidential Advisory Commission on Holocaust Assets in the United
    States:''.
                        d. Holocaust Victims Redress Act

     Public Law 105-158 [S. 1564], 112 Stat. 15, approved February 13, 1998

     AN ACT To provide redress for inadequate restitution of assets seized
     by the United States Government during World War II which belonged to
               victims of the Holocaust, and for other purposes.

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

    SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Holocaust Victims Redress
    Act''.

                            TITLE I--HEIRLESS ASSETS

    SEC. 101. FINDINGS AND PURPOSES.

        (a) Findings.--The Congress finds as follows:
              (1) Among the $198,000,000 in German assets located
            in the United States and seized by the United States
            Government in World War II were believed to be bank
            accounts, trusts, securities, or other assets belonging
            to Jewish victims of the Holocaust.
              (2) Among an estimated $1,200,000,000 in assets of
            Swiss nationals and institutions which were frozen by
            the United States Government during World War II
            (including over $400,000,000 in bank deposits) were
            assets whose beneficial owners were believed to include
            victims of the Holocaust.
              (3) In the aftermath of the war, the Congress
            recognized that some of the victims of the Holocaust
            whose assets were among those seized or frozen during
            the war might not have any legal heirs, and legislation
            was enacted to authorize the transfer of up to
            $3,000,000 of such assets to organizations dedicated to
            providing relief and rehabilitation for survivors of
            the Holocaust.
              (4) Although the Congress and the Administration
            authorized the transfer of such amount to the relief
            organizations referred to in paragraph (3), the
            enormous administrative difficulties and cost involved
            in proving legal ownership of such assets, directly or
            beneficially, by victims of the Holocaust, and proving
            the existence or absence of heirs of such victims, led
            the Congress in 1962 to agree to a lump-sum settlement
            and to provide $500,000 for the Jewish Restitution
            Successor Organization of New York, such sum amounting
            to \1/6\th of the authorized maximum level of
            ``heirless'' assets to be transferred.
              (5) In June of 1997, a representative of the
            Secretary of State, in testimony before the Congress,
            urged the reconsideration of the limited $500,000
            settlement.
              (6) While a precisely accurate accounting of
            ``heirless'' assets may be impossible, good conscience
            warrants the recognition that the victims of the
            Holocaust have a compelling moral claim to the
            unrestituted portion of assets referred to in paragraph
            (3).
              (7) Furthermore, leadership by the United States in
            meeting obligations to Holocaust victims would
            strengthen--
                      (A) the efforts of the United States to press
                    for the speedy distribution of the remaining
                    nearly 6 metric tons of gold still held by the
                    Tripartite Commission for the Restitution of
                    Monetary Gold (the body established by France,
                    Great Britain, and the United States at the end
                    of World War II to return gold looted by Nazi
                    Germany to the central banks of countries
                    occupied by Germany during the war); and
                      (B) the appeals by the United States to the
                    15 nations claiming a portion of such gold to
                    contribute a substantial portion of any such
                    distribution to Holocaust survivors in
                    recognition of the recently documented fact
                    that the gold held by the Commission includes
                    gold stolen from individual victims of the
                    Holocaust.
        (b) Purposes.--The purposes of this Act are as follows:
              (1) To provide a measure of justice to survivors of
            the Holocaust all around the world while they are still
            alive.
              (2) To authorize the appropriation of an amount which
            is at least equal to the present value of the
            difference between the amount which was authorized to
            be transferred to successor organizations to compensate
            for assets in the United States of heirless victims of
            the Holocaust and the amount actually paid in 1962 to
            the Jewish Restitution Successor Organization of New
            York for that purpose.
              (3) To facilitate efforts by the United States to
            seek an agreement whereby nations with claims against
            gold held by the Tripartite Commission for the
            Restitution of Monetary Gold would contribute all, or a
            substantial portion, of that gold to charitable
            organizations to assist survivors of the Holocaust.

    SEC. 102. DISTRIBUTIONS BY THE TRIPARTITE GOLD COMMISSION.

        (a) Directions to the President.--The President shall
    direct the commissioner representing the United States on the
    Tripartite Commission for the Restitution of Monetary Gold,
    established pursuant to Part III of the Paris Agreement on
    Reparation, to seek and vote for a timely agreement under which
    all signatories to the Paris Agreement on Reparation, with
    claims against the monetary gold pool in the jurisdiction of
    such Commission, contribute all, or a substantial portion, of
    such gold to charitable organizations to assist survivors of
    the Holocaust.
        (b) Authority To Obligate the United States.--
              (1) In general.--From funds otherwise unobligated in
            the Treasury of the United States, the President is
            authorized to obligate subject to paragraph (2) an
            amount not to exceed $30,000,000 for distribution in
            accordance with subsections (a) and (b).
              (2) Conformance with budget act requirement.--Any
            budget authority contained in paragraph (1) shall be
            effective only to such extent and in such amounts as
            are provided in advance in appropriation Acts.

    SEC. 103. FULFILLMENT OF OBLIGATION OF THE UNITED STATES.

        (a) Authorization of Appropriations.--There are authorized
    to be appropriated to the President such sums as may be
    necessary for fiscal years 1998, 1999, and 2000, not to exceed
    a total of $25,000,000 for all such fiscal years, for
    distribution to organizations as may be specified in any
    agreement concluded pursuant to section 102.
        (b) Archival Research.--There are authorized to be
    appropriated to the President $5,000,000 for archival research
    and translation services to assist in the restitution of assets
    looted or extorted from victims of the Holocaust and such other
    activities that would further Holocaust remembrance and
    education.

                             TITLE II--WORKS OF ART

    SEC. 201. FINDINGS.

        Congress finds as follows:
              (1) Established pre-World War II principles of
            international law, as enunciated in Articles 47 and 56
            of the Regulations annexed to the 1907 Hague Convention
            (IV) Respecting the Laws and Customs of War on Land,
            prohibited pillage and the seizure of works of art.
              (2) In the years since World War II, international
            sanctions against confiscation of works of art have
            been amplified through such conventions as the 1970
            Convention on the Means of Prohibiting and Preventing
            the Illicit Import, Export and Transfer of Ownership of
            Cultural Property, which forbids the illegal export of
            art work and calls for its earliest possible
            restitution to its rightful owner.
              (3) In defiance of the 1907 Hague Convention, the
            Nazis extorted and looted art from individuals and
            institutions in countries it occupied during World War
            II and used such booty to help finance their war of
            aggression.
              (4) The Nazis' policy of looting art was a critical
            element and incentive in their campaign of genocide
            against individuals of Jewish and other religious and
            cultural heritage and, in this context, the Holocaust,
            while standing as a civil war against defined
            individuals and civilized values, must be considered a
            fundamental aspect of the world war unleashed on the
            continent.
              (5) Hence, the same international legal principles
            applied among states should be applied to art and other
            assets stolen from victims of the Holocaust.
              (6) In the aftermath of the war, art and other assets
            were transferred from territory previously controlled
            by the Nazis to the Union of Soviet Socialist
            Republics, much of which has not been returned to
            rightful owners.

    SEC. 202. SENSE OF THE CONGRESS REGARDING RESTITUTION OF PRIVATE
                        PROPERTY, SUCH AS WORKS OF ART.

        It is the sense of the Congress that consistent with the
    1907 Hague Convention, all governments should undertake good
    faith efforts to facilitate the return of private and public
    property, such as works of art, to the rightful owners in cases
    where assets were confiscated from the claimant during the
    period of Nazi rule and there is reasonable proof that the
    claimant is the rightful owner.
            20. Japanese Imperial Government Disclosure Act of 2000

    Partial text of Public Law 106-567 [Intelligence Authorization Act for
      Fiscal Year 2001; H.R. 5630], 114 Stat. 2831, approved December 27,
      2000; as amended by Public Law 108-199 [Consolidated Appropriations
      Act, 2004; H.R. 2673], 118 Stat. 3, approved January 23, 2003; and
        Public Law 109-5 [S. 384], 119 Stat. 19, approved March 25, 2005

          AN ACT To authorize appropriations for fiscal year 2001 for
     intelligence and intelligence-related activities of the United States
         Government, the Community Management Account, and the Central
      Intelligence Agency Retirement and Disability System, and for other
                                   purposes.

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

     TITLE VIII--DISCLOSURE OF INFORMATION ON JAPANESE IMPERIAL GOVERNMENT

    SEC. 801.\1\ SHORT TITLE.

        This title may be cited as the ``Japanese Imperial
    Government Disclosure Act of 2000''.
    ---------------------------------------------------------------------------
        \1\ 5 U.S.C. 552 note.
    ---------------------------------------------------------------------------

    SEC. 802. DESIGNATION.

        (a) Definitions.--In this section:
              (1) Agency.--The term ``agency'' has the meaning
            given such term under section 551 of title 5, United
            States Code.
              (2) Interagency group.--The term ``Interagency
            Group'' means the Nazi War Crimes and Japanese Imperial
            Government Records Interagency Working Group
            established under subsection (b).
              (3) Japanese imperial government records.--The term
            ``Japanese Imperial Government records'' means
            classified records or portions of records that pertain
            to any person with respect to whom the United States
            Government, in its sole discretion, has grounds to
            believe ordered, incited, assisted, or otherwise
            participated in the experimentation on, and persecution
            of, any person because of race, religion, national
            origin, or political opinion, during the period
            beginning September 18, 1931, and ending on December
            31, 1948, under the direction of, or in association
            with--
                      (A) the Japanese Imperial Government;
                      (B) any government in any area occupied by
                    the military forces of the Japanese Imperial
                    Government;
                      (C) any government established with the
                    assistance or cooperation of the Japanese
                    Imperial Government; or
                      (D) any government which was an ally of the
                    Japanese Imperial Government.
              (4) Record.--The term ``record'' means a Japanese
            Imperial Government record.
        (b) Establishment of Interagency Group.--
              (1) In general.--Not later than 60 days after the
            date of the enactment of this Act, the President shall
            designate the Working Group established under the Nazi
            War Crimes Disclosure Act (Public Law 105-246; 5 U.S.C.
            552 note) to also carry out the purposes of this title
            with respect to Japanese Imperial Government records,
            and that Working Group shall remain in existence for 6
            years \2\ after the date on which this title takes
            effect. Such Working Group is redesignated as the
            ``Nazi War Crimes and Japanese Imperial Government
            Records Interagency Working Group''.
    ---------------------------------------------------------------------------
        \2\ Sec. 163 of the Consolidated Appropriations Act, 2004 (Public
    Law 108-199) struck out ``3 years'' and inserted in lieu thereof ``4
    years''.
        Subsequently, sec. 1 of Public Law 109-5 (119 Stat. 19) struck out
    ``4 years'' and inserted in lieu thereof ``6 years''.
    ---------------------------------------------------------------------------
              (2) Membership.--Section 2(b)(2) of such Act is
            amended by striking ``3 other persons'' and inserting
            ``4 other persons who shall be members of the public,
            of whom 3 shall be persons appointed under the
            provisions of this Act in effect on October 8, 1998.''.
        (c) Functions.--Not later than 1 year after the date of the
    enactment of this Act, the Interagency Group shall, to the
    greatest extent possible consistent with section 803--
              (1) locate, identify, inventory, recommend for
            declassification, and make available to the public at
            the National Archives and Records Administration, all
            classified Japanese Imperial Government records of the
            United States;
              (2) coordinate with agencies and take such actions as
            necessary to expedite the release of such records to
            the public; and
              (3) submit a report to Congress, including the
            Committee on Government Reform and the Permanent Select
            Committee on Intelligence of the House of
            Representatives, and the Committee on the Judiciary and
            the Select Committee on Intelligence of the Senate,
            describing all such records, the disposition of such
            records, and the activities of the Interagency Group
            and agencies under this section.
        (d) Funding.--There is authorized to be appropriated such
    sums as may be necessary to carry out the provisions of this
    title.

    SEC. 803. REQUIREMENT OF DISCLOSURE OF RECORDS.

        (a) Release of Records.--Subject to subsections (b), (c),
    and (d), the Japanese Imperial Government Records Interagency
    Working Group shall release in their entirety Japanese Imperial
    Government records.
        (b) Exemptions.--An agency head may exempt from release
    under subsection (a) specific information, that would--
              (1) constitute an unwarranted invasion of personal
            privacy;
              (2) reveal the identity of a confidential human
            source, or reveal information about an intelligence
            source or method when the unauthorized disclosure of
            that source or method would damage the national
            security interests of the United States;
              (3) reveal information that would assist in the
            development or use of weapons of mass destruction;
              (4) reveal information that would impair United
            States cryptologic systems or activities;
              (5) reveal information that would impair the
            application of state-of-the-art technology within a
            United States weapon system;
              (6) reveal United States military war plans that
            remain in effect;
              (7) reveal information that would impair relations
            between the United States and a foreign government, or
            undermine ongoing diplomatic activities of the United
            States;
              (8) reveal information that would impair the current
            ability of United States Government officials to
            protect the President, Vice President, and other
            officials for whom protection services are authorized
            in the interest of national security;
              (9) reveal information that would impair current
            national security emergency preparedness plans; or
              (10) violate a treaty or other international
            agreement.
        (c) Applications of Exemptions.--
              (1) In general.--In applying the exemptions provided
            in paragraphs (2) through (10) of subsection (b), there
            shall be a presumption that the public interest will be
            served by disclosure and release of the records of the
            Japanese Imperial Government. The exemption may be
            asserted only when the head of the agency that
            maintains the records determines that disclosure and
            release would be harmful to a specific interest
            identified in the exemption. An agency head who makes
            such a determination shall promptly report it to the
            committees of Congress with appropriate jurisdiction,
            including the Committee on the Judiciary and the Select
            Committee on Intelligence of the Senate and the
            Committee on Government Reform and the Permanent Select
            Committee on Intelligence of the House of
            Representatives.
              (2) Application of title 5.--A determination by an
            agency head to apply an exemption provided in
            paragraphs (2) through (9) of subsection (b) shall be
            subject to the same standard of review that applies in
            the case of records withheld under section 552(b)(1) of
            title 5, United States Code.
        (d) Records Related to Investigations or Prosecutions.--
    This section shall not apply to records--
              (1) related to or supporting any active or inactive
            investigation, inquiry, or prosecution by the Office of
            Special Investigations of the Department of Justice; or
              (2) solely in the possession, custody, or control of
            the Office of Special Investigations.

    SEC. 804. EXPEDITED PROCESSING OF REQUESTS FOR JAPANESE IMPERIAL
                        GOVERNMENT RECORDS.

        For purposes of expedited processing under section
    552(a)(6)(E) of title 5, United States Code, any person who was
    persecuted in the manner described in section 802(a)(3) and who
    requests a Japanese Imperial Government record shall be deemed
    to have a compelling need for such record.

    SEC. 805. EFFECTIVE DATE.

        The provisions of this title shall take effect on the date
    that is 90 days after the date of the enactment of this Act.
             21. To Locate and Secure the Return of Zachary Baumel

      Public Law 106-89 [H.R. 1175], 113 Stat. 1305, approved November 8,
                                      1999

      AN ACT To locate and secure the return of Zachary Baumel, a United
         States citizen, and other Israeli soldiers missing in action.

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

    SECTION 1. CONGRESSIONAL FINDINGS.

        The Congress finds that--
              (1) Zachary Baumel, a United States citizen serving
            in the Israeli military forces, has been missing in
            action since June 1982 when he was captured by forces
            affiliated with the Palestinian Liberation Organization
            (PLO) following a tank battle with Syrian forces at
            Sultan Ya'akub in Lebanon;
              (2) Yehuda Katz and Zvi Feldman, Israeli citizens
            serving in the Israeli military forces, have been
            missing in action since June 1982 when they were also
            captured by these same forces in a tank battle with
            Syrian forces at Sultan Ya'akub in Lebanon;
              (3) these three soldiers were last known to be in the
            hands of a Palestinian faction splintered from the PLO
            and operating in Syrian-controlled territory, thus
            making this a matter within the responsibility of the
            Government of Syria;
              (4) diplomatic efforts to secure the release of these
            individuals have been unsuccessful, although PLO
            Chairman Yasser Arafat delivered one-half of Zachary
            Baumel's dog tag to Israeli Government authorities; and
              (5) in the Gaza-Jericho agreement between the
            Palestinian Authority and the Government of Israel of
            May 4, 1994, Palestinian officials agreed to cooperate
            with Israel in locating and working for the return of
            Israeli soldiers missing in action.

    SEC. 2. ACTIONS WITH RESPECT TO MISSING SOLDIERS.

        (a) Continuing Communication with Certain Governments.--The
    Secretary of State shall continue to raise the matter of
    Zachary Baumel, Yehuda Katz, and Zvi Feldman on an urgent basis
    with appropriate government officials of Syria, Lebanon, the
    Palestinian Authority, and with other governments in the region
    and elsewhere that, in the determination of the Secretary, may
    be helpful in locating and securing the return of these
    soldiers.
        (b) Provision of Assistance to Certain Governments.--In
    deciding whether or not to provide United States assistance to
    any government or authority which the Secretary of State
    believes has information concerning the whereabouts of the
    soldiers described in subsection (a), and in formulating United
    States policy towards such government or authority, the
    President should take into consideration the willingness of the
    government or authority to assist in locating and securing the
    return of such soldiers.

    SEC. 3. REPORTS BY SECRETARY OF STATE.

        (a) Initial Report.--Not later than 90 days after the date
    of the enactment of this Act, the Secretary of State shall
    prepare and submit to the Committee on International Relations
    of the House of Representatives and the Committee on Foreign
    Relations of the Senate a written report that describes the
    efforts of the Secretary pursuant to section 2(a) and United
    States policies affected pursuant to section 2(b).
        (b) Subsequent Reports.--Not later than 15 days after
    receiving from any source any additional credible information
    relating to the individuals described in section 2(a), the
    Secretary of State shall prepare and submit to the committees
    described in subsection (a) a written report that contains such
    additional information.
        (c) Form of Reports.--A report submitted under subsection
    (a) or (b) shall be made available to the public and may
    include a classified annex.
          22. Taiwan's Participation in the World Health Organization

       a. Participation of Taiwan in the World Health Organization, 2003

        Public Law 108-28 [S. 243], 117 Stat. 769, approved May 29, 2003

         AN ACT Concerning participation of Taiwan in the World Health
                                 Organization.

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

    SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH
                        ORGANIZATION (WHO).

        (a) Findings.--The Congress makes the following findings:
              (1) Good health is important to every citizen of the
            world and access to the highest standards of health
            information and services is necessary to improve the
            public health.
              (2) Direct and unobstructed participation in
            international health cooperation forums and programs is
            beneficial for all parts of the world, especially with
            today's greater potential for the cross-border spread
            of various infectious diseases such as the human
            immunodeficiency virus (HIV), tuberculosis, and
            malaria.
              (3) Taiwan's population of 23,500,000 people is
            greater than that of three-fourths of the member states
            already in the World Health Organization (WHO).
              (4) Taiwan's achievements in the field of health are
            substantial, including one of the highest life
            expectancy levels in Asia, maternal and infant
            mortality rates comparable to those of western
            countries, the eradication of such infectious diseases
            as cholera, smallpox, and the plague, and the first to
            eradicate polio and provide children with hepatitis B
            vaccinations.
              (5) The United States Centers for Disease Control and
            Prevention and its Taiwan counterpart agencies have
            enjoyed close collaboration on a wide range of public
            health issues.
              (6) In recent years Taiwan has expressed a
            willingness to assist financially and technically in
            international aid and health activities supported by
            the WHO.
              (7) On January 14, 2001, an earthquake, registering
            between 7.6 and 7.9 on the Richter scale, struck El
            Salvador. In response, the Taiwanese Government sent 2
            rescue teams, consisting of 90 individuals specializing
            in firefighting, medicine, and civil engineering. The
            Taiwanese Ministry of Foreign Affairs also donated
            $200,000 in relief aid to the Salvadoran Government.
              (8) The World Health Assembly has allowed observers
            to participate in the activities of the organization,
            including the Palestine Liberation Organization in
            1974, the Order of Malta, and the Holy See in the early
            1950s.
              (9) The United States, in the 1994 Taiwan Policy
            Review, declared its intention to support Taiwan's
            participation in appropriate international
            organizations.
              (10) Public Law 106-137 required the Secretary of
            State to submit a report to the Congress on efforts by
            the executive branch to support Taiwan's participation
            in international organizations, in particular the WHO.
              (11) In light of all benefits that Taiwan's
            participation in the WHO can bring to the state of
            health not only in Taiwan, but also regionally and
            globally, Taiwan and its 23,500,000 people should have
            appropriate and meaningful participation in the WHO.
              (12) On May 11, 2001, President Bush stated in his
            letter to Senator Murkowski that the United States
            ``should find opportunities for Taiwan's voice to be
            heard in international organizations in order to make a
            contribution, even if membership is not possible'',
            further stating that his Administration ``has focused
            on finding concrete ways for Taiwan to benefit and
            contribute to the WHO''.
              (13) In his speech made in the World Medical
            Association on May 14, 2002, Secretary of Health and
            Human Services Tommy Thompson announced ``America's
            work for a healthy world cuts across political lines.
            That is why my government supports Taiwan's efforts to
            gain observership status at the World Health Assembly.
            We know this is a controversial issue, but we do not
            shrink from taking a public stance on it. The people of
            Taiwan deserve the same level of public health as
            citizens of every nation on earth, and we support them
            in their efforts to achieve it''.
              (14) The Government of the Republic of China on
            Taiwan, in response to an appeal from the United
            Nations and the United States for resources to control
            the spread of HIV/AIDS, donated $1,000,000 to the
            Global Fund to Fight AIDS, Tuberculosis and Malaria in
            December 2002.
        (b) Plan.--The Secretary of State is authorized--
              (1) to initiate a United States plan to endorse and
            obtain observer status for Taiwan at the annual week-
            long summit of the World Health Assembly in May 2003 in
            Geneva, Switzerland; and
              (2) to instruct the United States delegation to
            Geneva to implement that plan.
        (c) Report.--Not later than 14 days after the date of the
    enactment of this Act, the Secretary of State shall submit a
    report to Congress in unclassified form describing the action
    taken under subsection (b).
       b. Participation of Taiwan in the World Health Organization, 2001

     Public Law 107-10 [H.R. 428], 115 Stat. 17, approved May 28, 2001; as
      amended by Public Law 107-158 [H.R. 2739), 116 Stat. 121, approved
                                 April 4, 2002

         AN ACT Concerning participation of Taiwan in the World Health
                                 Organization.

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

    SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH
                        ORGANIZATION (WHO).

        (a) Findings.--The Congress makes the following findings:
              (1) Good health is important to every citizen of the
            world and access to the highest standards of health
            information and services is necessary to improve the
            public health.
              (2) Direct and unobstructed participation in
            international health cooperation forums and programs is
            beneficial for all parts of the world, especially with
            today's greater potential for the cross-border spread
            of various infectious diseases such as the human
            immunodeficiency virus (HIV), tuberculosis, and
            malaria.
              (3) Taiwan's population of 23,500,000 people is
            greater than that of three-fourths of the member states
            already in the World Health Organization (WHO).
              (4) Taiwan's achievements in the field of health are
            substantial, including one of the highest life
            expectancy levels in Asia, maternal and infant
            mortality rates comparable to those of western
            countries, the eradication of such infectious diseases
            as cholera, smallpox, and the plague, the eradication
            of such infectious diseases as cholera, smallpox, and
            the plague, and the first to eradicate polio and
            provide children with hepatitis B vaccinations.
              (5) The United States Centers for Disease Control and
            Prevention and its Taiwan counterpart agencies have
            enjoyed close collaboration on a wide range of public
            health issues.
              (6) In recent years Taiwan has expressed a
            willingness to assist financially and technically in
            international aid and health activities supported by
            the WHO.
              (7) On January 14, 2001, an earthquake, registering
            between 7.6 and 7.9 on the Richter scale, struck El
            Salvador. In response, the Taiwanese government sent 2
            rescue teams, consisting of 90 individuals specializing
            in firefighting, medicine, and civil engineering. The
            Taiwanese Ministry of Foreign Affairs also donated
            $200,000 in relief aid to the Salvadoran Government.
              (8) The World Health Assembly has allowed observers
            to participate in the activities of the organization,
            including the Palestine Liberation Organization in
            1974, the Order of Malta, and the Holy See in the early
            1950's.
              (9) The United States, in the 1994 Taiwan Policy
            Review, declared its intention to support Taiwan's
            participation in appropriate international
            organizations.
              (10) Public Law 106-137 required the Secretary of
            State to submit a report to the Congress on efforts by
            the executive branch to support Taiwan's participation
            in international organizations, in particular the WHO.
              (11) In light of all benefits that Taiwan's
            participation in the WHO can bring to the state of
            health not only in Taiwan, but also regionally and
            globally, Taiwan and its 23,500,000 people should have
            appropriate and meaningful participation in the WHO.
              (12) \1\ On May 11, 2001, President Bush stated in
            his letter to Senator Murkowski that the United States
            ``should find opportunities for Taiwan's voice to be
            heard in international organizations in order to make a
            contribution, even if membership is not possible'',
            further stating that his Administration ``has focused
            on finding concrete ways for Taiwan to benefit and
            contribute to the WHO.''.
    ---------------------------------------------------------------------------
        \1\ Sec. 1(a) of Public Law 107-158 (116 Stat. 121) added paras.
    (12) and (13).
    ---------------------------------------------------------------------------
              (13) \1\ On May 16, 2001, as part of the United
            States delegation to the World Health Assembly meeting
            in Geneva, Switzerland, Secretary of Health and Human
            Services Tommy Thompson announced to the American
            International Club the Administration's support of
            Taiwan's participation in the activities of the WHO.
          (b) Plan.--The Secretary of State is authorized--
              (1) to initiate a United States plan to endorse and
            obtain observer status for Taiwan at the annual week-
            long summit of the World Health Assembly in May 2002
            \2\ in Geneva, Switzerland; and
    ---------------------------------------------------------------------------
        \2\ Sec. 1(b) of Public Law 107-158 (116 Stat. 121) struck out
    ``May 2001'' and inserted in lieu thereof ``May 2002''.
    ---------------------------------------------------------------------------
              (2) to instruct the United States delegation to
            Geneva to implement that plan.
        (c) Report.--Not later than 14 days after the date of the
    enactment of this Act, the Secretary of State shall submit a
    written report to the Congress in unclassified form containing
    the plan authorized under subsection (b).
       c. Participation of Taiwan in the World Health Organization, 1999

     Public Law 106-137 [H.R. 1794], 113 Stat. 1691, approved December 7,
                                      1999

         AN ACT Concerning participation of Taiwan in the World Health
                                 Organization.

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

    SECTION 1. CONCERNING THE PARTICIPATION OF TAIWAN IN THE WORLD HEALTH
                        ORGANIZATION (WHO).

        (a) Findings.--The Congress makes the following findings:
              (1) Good health is a basic right for every citizen of
            the world and access to the highest standards of health
            information and services is necessary to help guarantee
            this right.
              (2) Direct and unobstructed participation in
            international health cooperation forums and programs is
            therefore crucial, especially with today's greater
            potential for the cross-border spread of various
            infectious diseases such as AIDS.
              (3) The World Health Organization (WHO) set forth in
            the first chapter of its charter the objective of
            attaining the highest possible level of health for all
            people.
              (4) In 1977, the World Health Organization
            established ``Health For All By The Year 2000'' as its
            overriding priority and reaffirmed that central vision
            with the initiation of its ``Health For All'' renewal
            process in 1995.
              (5) Taiwan's population of 21,000,000 people is
            larger than that of three-fourths of the member states
            already in the World Health Organization.
              (6) Taiwan's achievements in the field of health are
            substantial, including one of the highest life
            expectancy levels in Asia, maternal and infant
            mortality rates comparable to those of western
            countries, the eradication of such infectious diseases
            as cholera, smallpox, and the plague, and the first to
            be rid of polio and provide children with free
            hepatitis B vaccinations.
              (7) The World Health Organization was unable to
            assist Taiwan with an outbreak of enterovirus 71 which
            killed 70 Taiwanese children and infected more than
            1,100 Taiwanese children in 1998.
              (8) In recent years Taiwan has expressed a
            willingness to assist financially or technically in
            WHO-supported international aid and health activities,
            but has ultimately been unable to render such
            assistance.
              (9) The World Health Organization allows observers to
            participate in the activities of the organization.
              (10) The United States, in the 1994 Taiwan Policy
            Review, declared its intention to support Taiwan's
            participation in appropriate international
            organizations.
              (11) In light of all of the benefits that Taiwan's
            participation in the World Health Organization could
            bring to the state of health not only in Taiwan, but
            also regionally and globally, Taiwan and its 21,000,000
            people should have appropriate and meaningful
            participation in the World Health Organization.
        (b) Report.--Not later than January 1, 2000, the Secretary
    of State shall submit a report to the Congress on the efforts
    of the Secretary to fulfill the commitment made in the 1994
    Taiwan Policy Review to more actively support Taiwan's
    participation in international organizations, in particular the
    World Health Organization (WHO).
             23. Czech Republic Memorial Honoring Tomas G. Masaryk

    Public Law 107-61 [H.R. 1161], 115 Stat. 410, approved November 5, 2001

    AN ACT To authorize the Government of the Czech Republic to establish a
        memorial to honor Tomas G. Masaryk in the District of Columbia.

        Be it enacted by the Senate and House of Representatives of
    the United States of America in Congress assembled,\1\
    ---------------------------------------------------------------------------
        \1\ 40 U.S.C. 1003 note.
    ---------------------------------------------------------------------------

    SECTION 1. AUTHORITY TO ESTABLISH MEMORIAL.

        (a) In General.--The Government of the Czech Republic is
    authorized to establish a memorial to honor Tomas G. Masaryk on
    the Federal land in the District of Columbia.
        (b) Compliance With Standards for Commemorative Works.--The
    establishment of the memorial shall be in accordance with the
    Commemorative Works Act (40 U.S.C. 1001 et seq.), except that
    sections 2(c), 6(b), 8(b), and 10(c) of that Act shall not
    apply with respect to the memorial.

    SEC. 2. LIMITATION ON PAYMENT OF EXPENSES.

        The United States Government shall not pay any expense for
    the establishment of the memorial or its maintenance.
           24. Investigation of Those Missing From Cyprus Since 1974

     Public Law 103-372 [H.R. 2826], 108 Stat. 3487, approved October 19,
                                      1994

    AN ACT To provide for an investigation of the whereabouts of the United
      States citizens and others who have been missing from Cyprus since
                                     1974.

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

    SECTION 1. UNITED STATES CITIZENS MISSING FROM CYPRUS.

        (a) Investigation.--As soon as is practicable, the
    President shall undertake, in cooperation with appropriate
    international organizations or nongovernmental organizations, a
    thorough investigation of the whereabouts of the United States
    citizens who have been missing from Cyprus since 1974. Any
    information on others missing from Cyprus that is learned or
    discovered during this investigation shall be reported to the
    appropriate international or nongovernmental organizations. The
    investigation shall focus on the countries and communities
    which were combatants in Cyprus in 1974, all of which currently
    receive United States foreign assistance.
        (b) Report to the Families.--The President shall report the
    findings of this investigation of the missing Americans to the
    family of each of the United States citizens. Such reports
    shall include the whereabouts of the missing.
        (c) Report to the Congress.--The information learned or
    discovered during this investigation shall be reported to the
    Congress.
        (d) Returning the Missing.--The President, in cooperation
    with appropriate international organizations or nongovernmental
    organizations, shall do everything possible to return to their
    families, as soon as is practicable, the United States citizens
    who have been missing from Cyprus since 1974, and others who
    have been missing, including returning the remains of those who
    are no longer alive.
                               25. Proclamations

                   a. Designating September 11 as Patriot Day

     Public Law 107-89 [H.J. Res. 71] 115 Stat. 876, approved December 18,
                                      2001

     JOINT RESOLUTION Amending title 36, United States Code, to designate
                          September 11 as Patriot Day.

    Whereas on September 11, 2001, terrorists hijacked four
        civilian aircraft, crashing two of them into the towers of
        the World Trade Center in New York City, and a third into
        the Pentagon outside Washington, D.C.;
    Whereas the fourth hijacked aircraft crashed in southwestern
        Pennsylvania after passengers tried to take control of the
        aircraft in order to prevent the hijackers from crashing
        the aircraft into an important symbol of democracy and
        freedom;
    Whereas these attacks were by far the deadliest terrorist
        attacks ever launched against the United States, killing
        thousands of innocent people; and
    Whereas in the aftermath of the attacks the people of the
        United States stood united in providing support for those
        in need: Now, therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled,

    SECTION 1. DESIGNATION OF SEPTEMBER 11 AS PATRIOT DAY.

        Chapter 1 of title 36, United States Code, is amended by
    adding at the end the following new section:

    ``Sec. 144. Patriot Day

        ``(a) Designation.--September 11 is Patriot Day.
        ``(b) Proclamation.--The President is requested to issue
    each year a proclamation calling on--
              ``(1) State and local governments and the people of
            the United States to observe Patriot Day with
            appropriate programs and activities;
              ``(2) all departments, agencies, and
            instrumentalities of the United States and interested
            organizations and individuals to display the flag of
            the United States at halfstaff on Patriot Day in honor
            of the individuals who lost their lives as a result of
            the terrorist attacks against the United States that
            occurred on September 11, 2001; and
              ``(3) the people of the United States to observe a
            moment of silence on Patriot Day in honor of the
            individuals who lost their lives as a result of the
            terrorist attacks against the United States that
            occurred on September 11, 2001.''.

    SEC. 2. CONFORMING AMENDMENT.

        The table of contents for chapter 1 of title 36, United
    States Code, is amended by adding at the end the following new
    item:

    ``Sec. 144. Patriot Day.''.
                       b. Free and Fair Elections in Peru

     Public Law 106-186 [S.J. Res. 43], 114 Stat. 226, approved April 25,
                                      2000

    JOINT RESOLUTION Expressing the sense of Congress that the President of
    the United States should encourage free and fair elections and respect
                             for democracy in Peru.

    Whereas presidential and congressional elections are scheduled
        to occur in Peru on April 9, 2000;
    Whereas independent election monitors, including the
        Organization of American States, the National Democratic
        Institute, and the Carter Center, have expressed grave
        doubts about the fairness of the electoral process due to
        the Peruvian Government's control of key official electoral
        agencies, systematic restrictions on freedom of the press,
        manipulation of the judicial processes to stifle
        independent reporting on radio, television, and newspaper
        outlets, and harassment and intimidation of opposition
        politicians, which have greatly limited the ability of
        opposing candidates to campaign freely; and
    Whereas the absence of free and fair elections in Peru would
        constitute a major setback for the Peruvian people and for
        democracy in the hemisphere, could result in instability in
        Peru, and could jeopardize United States antinarcotics
        objectives in Peru and the region: Now, therefore, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, That it is the
    sense of Congress that the President of the United States
    should promptly convey to the President of Peru that if the
    April 9, 2000, elections are not deemed by the international
    community to have been free and fair, the United States will
    review and modify as appropriate its political, economic, and
    military relations with Peru, and will work with other
    democracies in this hemisphere and elsewhere toward a
    restoration of democracy in Peru.
                            c. Captive Nations Week

     Public Law 86-90 [S.J. Res. 111], 73 Stat. 212, approved July 17, 1959

      JOINT RESOLUTION Providing for the designation of the third week of
                       July as ``Captive Nations Week''.

    Whereas the greatness of the United States is in large part
        attributable to its having been able, through the
        democratic process, to achieve a harmonious national unity
        of its people, even thought they stem from the most diverse
        of racial, religious, and ethnic backgrounds; and
    Whereas this harmonious unification of the diverse elements of
        out free society has led the people of the United States to
        possess a warm understanding and sympathy for the
        aspirations of peoples everywhere and to recognize the
        natural interdependency of the peoples and nations of the
        world; and
    Whereas the enslavement of a substantial part of the world's
        population by Communist imperialism makes a mockery of the
        idea of peaceful coexistence between nations and
        constitutes a detriment to the natural bonds of
        understanding between the people of the United States and
        other peoples; and
    Whereas since 1918 the imperialistic and aggressive policies of
        Russian communism have resulted in the creation of a vast
        empire which poses a dire threat to the security of the
        United States and of all the free peoples of the world; and
    Whereas the imperialistic policies of Communist Russia have
        led, through direct and indirect aggression, to the
        subjugation of the national independence of Poland,
        Hungary, Lithuania, Ukraine, Czechoslovakia, Latvia,
        Estonia, White Ruthenia, Rumania, East Germany, Bulgaria,
        mainland China, Armenia, Azerbaijan, Georgia, North Korea,
        Albania, Idel-Ural, Tibet, Cossackia, Turkestan, North
        Vietnam, and others; and
    Whereas these submerged nations look to the United States, as
        the citadel of human freedom, for leadership in bringing
        about their liberation and independence and in restoring to
        them the enjoyment of their Christian, Jewish, Moslem,
        Buddhist, or other religious freedoms, and of their
        individual liberties; and
    Whereas it is vital to the national security of the Untied
        States that the desire for liberty and independence on the
        part of the peoples of these conquered nations should be
        steadfastly kept alive; and
    Whereas the desire for liberty and independence by the
        overwhelming majority of the people of these submerged
        nations constitutes a powerful deterrent to war and one of
        the best hopes for a just and lasting peace; and
    Whereas it is fitting that we clearly manifest to such peoples
        through an appropriate and official means the historical
        fact that the people of the United States share with them
        their aspirations for the recovery of their freedom and
        independence: Now, therefor, be it
        Resolved by the Senate and House of Representatives of the
    United States of America in Congress assembled, that:
        The President of the United States is authorized and
    requested to issue a proclamation designating the third week in
    July 1959 as ``Captive Nations Week'' and inviting the people
    of the United States to observe such week with appropriate
    ceremonies and activities. The President is further authorized
    and requested to issue a similar proclamation each year until
    such time as freedom and independence shall have been achieved
    for all the captive nations of the world.\1\
    ---------------------------------------------------------------------------
        \1\ The President issued the most recent proclamation on July 15,
    2005 (Proclamation 7913; 70 F.R. 41931).
                    d. Asian/Pacific American Heritage Month

        Partial text of Public Law 105-225 [H.R. 1085], 112 Stat. 1253,
                            approved August 12, 1998

    AN ACT To revise, codify, and enact without substantive change certain
         general and permanent laws, related to patriotic and national
    observances, ceremonies, and organizations, as title 36, United States
          Code, ``Patriotic and National Observances, Ceremonies, and
                                Organizations''.

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

    Sec. Sec. 102.\1\ Asian/Pacific American Heritage Month

        (a) Designation.--May is Asian/Pacific American Heritage
    Month.
    ---------------------------------------------------------------------------
        \1\ 36 U.S.C. 102. Prior to enactment of Public Law 105-225, Public
    Law 102-450 (36 U.S.C. 169k; 106 Stat. 2251) designated May of each
    year as Asian/Pacific American Heritage Month. Public Law 105-225
    revised the text of Public Law 102-450 and recodified it as 36 U.S.C.
    102.
    ---------------------------------------------------------------------------
        (b) \2\ Proclamations.--The President is requested to issue
    each year a proclamation calling on the people of the United
    States, and the chief executive officers of each State of the
    United States, the District of Columbia, the Virgin Islands,
    Puerto Rico, Guam, American Samoa, the Northern Mariana
    Islands, the Marshall Islands, Micronesia, and Palau are
    requested to issue each year proclamations calling on the
    people of their respective jurisdictions, to observe Asian/
    Pacific American Heritage Month with appropriate programs,
    ceremonies, and activities.
    ---------------------------------------------------------------------------
        \2\ The President issued the most recent proclamation on May 3,
    2005 (Proclamation 7894; 70 F.R. 23917).
    ---------------------------------------------------------------------------
              * * * * * * *
                                   Appendix I

              Note.--Appendix I lists Public Laws included in
            Legislation on Foreign Relations Through 2005, either
            as freestanding law or in amendments, arranged by
            Public Law number with corresponding short title or
            popular name.

    ------------------------------------------------------------------------
    Public Law
        No.                              Short Title
    ------------------------------------------------------------------------
    109-169     United States-Bahrain Free Trade Agreement Implementation
                 Act
    109-167     Passport Services Enhancement Act of 2005
    109-165     Torture Victims Relief Reauthorization Act of 2005
    109-164     Trafficking Victims Protection Reauthorization Act of 2005
    109-163     National Defense Authorization Act for Fiscal Year 2006
    109-163     United States Policy in Iraq Act (section 1227)
    109-163     Detainee Treatment Act of 2005 (title XIV)
    109-159     Transfer of Items To War Reserves Stockpile for Allies,
                 Korea
    109-148     Department of Defense, Emergency Supplemental Appropriations
                 To Address Hurricanes in the Gulf of Mexico, and Pandemic
                 Influenza Act, 2006
    109-148     Department of Defense Appropriations Act, 2006 (division A)
    109-148     Emergency Supplemental Appropriations To Address Hurricanes
                 in the Gulf of Mexico and Pandemic Influenza Act, 2006
                 (division B)
    109-140     To Provide Certain Authorities for the Department of State
    109-134     Naval Vessels Transfer Act of 2005
    109-121     Senator Paul Simon Water for the Poor Act of 2005
    109-112     Iran Nonproliferation Amendments Act of 2005
    109-108     Science, State, Justice, Commerce, and Related Agencies
                 Appropriations Act, 2006
    109-108     Department of State and Related Agencies Appropriations Act,
                 2006 (title IV)
    109-102     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2006
    109-97      Agriculture, Rural Development, Food and Drug
                 Administration, and Related Agencies Appropriations Act,
                 2006
    109-95      Assistance for Orphans and Other Vulnerable Children in
                 Developing Countries Act of 2005
    109-77      Continuing Appropriations, Fiscal Year 2006
    109-58      Energy Policy Act of 2005
    109-58      Set America Free Act of 2005 (SAFE Act) (title XIV, subtitle
                 B)
    109-54      Department of the Interior, Environment, and Related
                 Agencies Appropriations Act, 2006
    109-53      Dominican Republic-Central America-United States Free Trade
                 Agreement Implementation Act
    109-39      Renewal of Import Restrictions--Burmese Freedom and
                 Democracy Act of 2003
    109-13      Emergency Supplemental Appropriations Act for Defense, the
                 Global War on Terror, and Tsunami Relief, 2005
    108-497     Comprehensive Peace in Sudan Act of 2004
    108-484     Microenterprise Results and Accountability Act of 2004
    108-458     Intelligence Reform and Terrorism Prevention Act of 2004
    108-458     9/11 Commission Implementation Act of 2004 (title VII)
    108-458     Afghanistan Freedom Support Act Amendments of 2004 (sec.
                 7104)
    108-447     Consolidated Appropriations Act, 2005
    108-447     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2005 (division D)
    108-447     Migratory Bird Treaty Reform Act of 2004 (division E, sec.
                 143)
    108-447     Miscellaneous Appropriations and Offsets Act, 2005 (division
                 J, title I)
    108-429     Miscellaneous Trade and Technical Corrections Act of 2004
    108-429     Emergency Protection for Iraqi Cultural Antiquities Act of
                 2004 (title III)
    108-429     Wool Suit and Textile Trade Extension Act of 2004 (title IV)
    108-375     Ronald W. Reagan National Defense Authorization Act for
                 Fiscal Year 2005
    108-370     Prevention of Child Abduction Partnership Act
    108-347     Belarus Democracy Act of 2004
    108-333     North Korean Human Rights Act of 2004
    108-332     Global Anti-Semitism Review Act of 2004
    108-323     Tropical Forest Conservation Act Reauthorization
    108-302     United States-Morocco Free Trade Agreement Implementation
                 Act
    108-297     Cape Town Treaty Implementation Act of 2004
    108-286     United States-Australia Free Trade Agreement Implementation
                 Act
    108-283     Northern Uganda Crisis Response Act
    108-274     AGOA Acceleration Act of 2004
    108-272     Approving the Renewal of Import Restrictions--Burma
    108-266     Marine Turtle Conservation Act of 2004
    108-235     Taiwan's Participation in the World Health Organization
    108-215     Amendments to U.S.-Mexico Agreement Establishing a Border
                 Environment Cooperation Commission and North American
                 Development Bank
    108-200     Congo Basin Forest Partnership Act of 2004
    108-199     Consolidated Appropriations, 2004
    108-199     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2004 (division D)
    108-199     HELP Commission Act (division B, sec. 637)
    108-199     Millennium Challenge Act of 2003 (division D, title VI)
    108-175     Syria Accountability and Lebanese Sovereignty Restoration
                 Act of 2003
    108-136     National Defense Authorization Act for Fiscal Year 2004
    108-136     Nuclear Security Initiative Act of 2003 (title XXXVI)
    108-106     Emergency Supplemental Appropriations Act for Defense and
                 for the Reconstruction of Iraq and Afghanistan, 2004
    108-77      United States-Chile Free Trade Agreement Implementation Act
    108-31      Microenterprise Report to Congress
    108-28      Taiwan's Participation in the World Health Organization
    108-25      United States Leadership Against HIV/AIDS, Tuberculosis, and
                 Malaria Act of 2003
    108-19      Clean Diamond Trade Act
    108-11      Emergency Wartime Supplemental Appropriations Act, 2003
    108-7       Consolidated Appropriations, 2003
    107-365     Caribbean National Forest Wild and Scenic Rivers Act of 2002
    107-327     Afghanistan Freedom Support Act of 2002
    107-314     Bob Stump National Defense Authorization Act for Fiscal Year
                 2003
    107-258     Persian Gulf POW/MIA Accountability Act of 2002
    107-246     Russian Democracy Act of 2002
    107-245     Sudan Peace Act
    107-243     Authorization for Use of Military Force Against Iraq
                 Resolution of 2002
    107-228     Foreign Relations Authorization Act, Fiscal Year 2003
    107-228     Department of State Authorization Act, Fiscal Year 2003
                 (division A)
    107-228     Security Assistance Act of 2002 (division B)
    107-228     Middle East Peace Commitments Act of 2002 (division A, title
                 VI, subtitle A)
    107-228     Tibetan Policy Act of 2002 (division A, title VI, subtitle
                 B)
    107-228     East Timor Transition to Independence Act of 2002 (division
                 A, title VI, subtitle C)
    107-228     Clean Water for the Americas Partnership Act of 2002
                 (division A, title VI, subtitle D)
    107-228     Freedom Investment Act of 2002 (division A, title VI,
                 subtitle E)
    107-228     Russian Federation Debt for Nonproliferation Act of 2002
                 (division B, title XIII, subtitle B)
    107-228     Nonproliferation Assistance Coordination Act of 2002
                 (division B, title XIII, subtitle C)
    107-228     Iran Nuclear Proliferation Prevention Act of 2002 (division
                 B, title XIII, subtitle D)
    107-210     Trade Act of 2002
    107-210     Customs Border Security Act of 2002 (title III)
    107-210     Bipartian Trade Promotion Authority Act of 2002 (title XXI)
    107-210     Andean Trade Promotion and Drug Eradication Act (title XXXI)
    107-206     2002 Supplemental Appropriations Act for Further Recovery
                 From and Response to Terrorist Attacks on the United States
    107-206     American Servicemembers Protection Act (title II)
    107-197     Terrorist Bombings Convention Implementation Act of 2002
    107-189     Export-Import Bank Reauthorization Act of 2002
    107-187     Gerald B. H. Solomon Freedom Consolidation Act of 2002
    107-173     Ehanced Border Security and Visa Entry Reform Act of 2002
    107-148     Radio Free Afghanistan Act
    107-141     Asian Elephant Conservation Reauthorization Act of 2002
    107-117     Department of Defense and Emergency Supplemental
                 Appropriations for Recovery From and Response To Terrorist
                 Attacks on the United States Act, 2002
    107-115     Kenneth M. Ludden Foreign Operations, Export Financing and
                 Related Programs Appropriations Act, 2002
    107-112     Rhinoceros and Tiger Conservation Reauthorization Act of
                 2001
    107-111     African Elephant Conservation Reauthorization Act of 2001
    107-107     National Defense Authorization Act for Fiscal Year 2002
    107-99      Zimbabwe Democracy and Economic Recovery Act of 2001
    107-81      Afghan Women and Children Relief Act of 2001
    107-56      Uniting and Strengthening America By Providing Appropriate
                 Tools Required To Intercept and Obstruct Terrorism (USA
                 PATRIOT ACT) Act of 2001
    107-56      International Money Laundering Abatement and Financial Anti-
                 Terrorism Act of 2001 (title III)
    107-43      United States-Jordan Free Trade Area Implementation Act
    107-40      Authorization for Use of Military Force in Response to
                 Terrorist Attacks of September 11, 2001
    107-39      Condemnation of Terrorist Attacks
    107-24      ILSA [Iran and Libya Sanctions Act] Extension Act of 2001
    106-570     Assistance for International Malaria Control Act
    106-570     International Malaria Control Act (title I)
    106-570     United States-Macau Policy Act of 2000 (title II)
    106-570     Pacific Charter Commission Act of 2000 (title IV)
    106-570     Paul D. Coverdell World Wise Schools Act of 2000 (title VI)
    106-567     Intelligence Authorization Act for Fiscal Year 2001
    106-567     Japanese Imperial Government Disclosure Act of 2000 (title
                 VIII)
    106-557     Shark Finning Prohibition Act
    106-555     Striped Bass Conservation, Atlantic Coastal Fisheries
                 Management and Marine Mammal Rescue Assistance Act of 2000
    106-554     Consolidated Appropriations Act, 2001
    106-554     Vietnam Education Foundation Act of 2000 (title II)
    106-553     Department of State and Related Agency Appropriations Act,
                 2001
    106-531     Reports Consolidation Act of 2000
    106-484     Bring Them Home Alive Act of 2000
    106-476     Tariff Suspension and Trade Act of 2000
    106-450     Yukon River Salmon Act of 2000
    106-429     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2001
    106-411     Great Ape Conservation Act of 2000
    106-398     Floyd D. Spence National Defense Authorization Act for
                 Fiscal Year 2001
    106-387     Agriculture, Rural Development, Food and Drug
                 Administration, and Related Agencies Appropriations Act,
                 2001
    106-387     Trade Sanctions Reform and Export Enhancement Act of 2000
                 (title IX)
    106-386     Victims of Trafficking and Violence Protection Act of 2000
    106-386     Trafficking Victims Protection Act of 2000 (division A)
    106-373     Famine Prevention and Freedom From Hunger Improvement Act of
                 2000
    106-346     National Terrorist Asset Trading Center
    106-309     Microenterprise for Self-Reliance and International Anti-
                 Corruption Act of 2000
    106-309     Microenterprise for Self-Reliance Act of 2000 (title I)
    106-309     International Anti-Corruption and Good Governance Act of
                 2000 (title II)
    106-309     International Academic Opportunities Act of 2000 (title III)
    106-309     Support for Overseas Cooperative Development Act (sec. 401)
    106-309     Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)
    106-286     U.S.-China Relations Act of 2000
    106-280     Security Assistance Act of 2000
    106-279     Intercountry Adoption Act of 2000
    106-264     Global AIDS and Tuberculosis Relief Act of 2000
    106-264     Global AIDS Research and Relief Act of 2000 (title I)
    106-264     International Tuberculosis Control Act of 2000 (title II)
    106-256     Oceans Act of 2000
    106-247     Neotropical Migratory Bird Conservation Act
    106-212     American Institute in Taiwan Facilities Enhancement Act
    106-200     Trade and Development Act of 2000
    106-200     African Growth and Opportunity Act (title I)
    106-200     U.S.-Caribbean Basin Trade Partnership Act (title II)
    106-178     Iran and Syria Nonproliferation Act (formerly Iran
                 Nonproliferation Act of 2000)
    106-158     Export Enhancement Act of 1999
    106-120     Intelligence Authorization Act for Fiscal Year 2000
    106-120     Foreign Narcotics Kingpin Designation Act (title VIII)
    106-113     Consolidated Appropriations, Fiscal Year 2000
    106-113     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 2000 (H.R. 3422, enacted by reference)
    106-113     Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted
                 by reference)
    106-113     Admiral James W. Nance and Meg Donovan Foreign Relations
                 Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
                 enacted by reference)
    106-113     Secure Embassy Construction and Counterterrorism Act of 1999
                 (title VI, division A, H.R. 3427, enacted by reference)
    106-113     North Korea Threat Reduction Act of 1999 (subtitle B, title
                 VIII, division A, H.R. 3427, enacted by reference)
    106-113     United Nations Reform Act of 1999 (title IX, division A,
                 H.R. 3427, enacted by reference)
    106-113     Arms Control, Nonproliferation, and Security Assistance Act
                 of 1999 (division B, H.R. 3427, enacted by reference)
    106-113     Arms Control and Nonproliferation Act of 1999 (title XI,
                 division B, H.R. 3427, enacted by reference)
    106-113     National Security and Corporate Fairness under the
                 Biological Weapons Convention Act (chapter 2, subtitle A,
                 title XI, division B, H.R. 3427, enacted by reference)
    106-113     Security Assistance Act of 1999 (title XII, H.R. 3427,
                 enacted by reference)
    106-113     Defense Offsets Disclosure Act of 1999 (subtitle D, title
                 XII, H.R. 3427, enacted by reference)
    106-113     Proliferation Prevention Enhancement Act of 1999 (subtitle
                 E, title XII, H.R. 3427, enacted by reference)
    106-113     International Arms Sales Code of Conduct Act of 1999
                 (subtitle F, title XII, H.R. 3427, enacted by reference)
    106-108     Arctic Tundra Habitat Emergency Conservation Act
    106-87      Torture Victims Relief Reauthorization Act of 1999
    106-79      Department of Defense Appropriations Act, 2000
    106-65      National Defense Authorization Act for Fiscal Year 2000
    106-65      Panama Canal Commission Authorization Act for Fiscal Year
                 2000 (title XXXV)
    106-38      National Missile Defense Act of 1999
    106-36      Miscellaneous Trade and Technical Corrections Act of 1999
    106-35      Western Hemisphere Drug Elimination Technical Corrections
                 Act
    106-30      Peace Corps Reauthorization
    105-385     Africa: Seeds of Hope Act of 1998
    105-384     Governing International Fisheries Agreement with Poland
    105-382     Department of State Special Agents Retirement Act of 1998
    105-366     International Anti-Bribery and Fair Competition Act of 1998
    105-362     Federal Reports Elimination Act of 1998
    105-338     Iraq Liberation Act of 1998
    105-323     Extradition Treaties Interpretation Act of 1998
    105-319     Irish Peace Process Cultural and Training Program Act of
                 1998
    105-312     Rhinoceros and Tiger Conservation Act of 1998
    105-303     Commercial Space Act of 1998
    105-292     International Religious Freedom Act of 1998
    105-277     Omnibus Consolidated and Emergency Supplemental
                 Appropriations Act for Fiscal Year 1999
    105-277     Haitian Refugee Immigration Fairness Act of 1998 (division
                 A, sec. 101(h), title IX)
    105-277     Trade Deficit Review Commission Act (division A, sec. 127)
    105-277     Office of National Drug Control Policy Reauthorization Act
                 of 1998 (division C, title VII)
    105-277     Western Hemisphere Drug Elimination Act (division C, title
                 VIII)
    105-277     Foreign Affairs Reform and Restructuring Act of 1998
                 (division G)
    105-277     Foreign Affairs Agencies Consolidation Act of 1998 (division
                 G, subdivision A)
    105-277     Foreign Relations Authorization Act, Fiscal Years 1998 and
                 1999 (division G, subdivision B)
    105-277     United Nations Reform Act of 1998 (division G, subdivision
                 C)
    105-277     European Security Act of 1998 (division G, title XXVII)
    105-277     Chemical Weapons Convention Implementation Act of 1998
                 (division I)
    105-262     Department of Defense Appropriations Act, 1999
    105-261     Strom Thurmond National Defense Authorization Act for Fiscal
                 Year 1999
    105-261     Defense Against Weapons of Mass Destruction Act of 1998
                 (title XIV)
    105-261     Panama Canal Commission Authorization Act for Fiscal Year
                 1999 (title XXXV)
    105-261     Radio Free Asia Act of 1998 (title XXXIX)
    105-246     Nazi War Crimes Disclosure Act
    105-235     Finding the Government of Iraq in Unacceptable and Material
                 Breach of Its International Obligations
    105-217     African Elephant Conservation Reauthorization Act of 1998
    105-194     Agriculture Export Relief Act of 1998
    105-186     U.S. Holocaust Assets Commission Act of 1998
    105-174     1998 Supplemental Appropriations and Rescissions Act
    105-173     International Parental Kidnapping Crime Act
    105-158     Holocaust Victims Redress Act
    105-119     Departments of Commerce, Justice, and State, the Judiciary,
                 and Related Agencies Appropriations Act, 1998
    105-107     Intelligence Authorization Act for Fiscal Year 1998
    105-100     Nicaraguan Adjustment and Central American Relief Act (title
                 II)
    105-96      Asian Elephant Conservation Act of 1997
    105-85      National Defense Authorization Act for Fiscal Year 1998
    105-42      International Dolphin Conservation Program Act
    104-319     Human Rights, Refugee, and Other Foreign Relations
                 Provisions Act of 1996
    104-309     Records Relating to Nazi War Crimes
    104-297     Sustainable Fisheries Act
    104-293     Intelligence Authorization Act for Fiscal Year 1997
    104-293     Combatting Proliferation of Weapons of Mass Destruction Act
                 of 1996 (title VII)
    104-269     Release of USIA Materials: VOA, Radio Marti Recordings
    104-264     Federal Aviation Reauthorization Act of 1996
    104-227     Antarctic Science, Tourism, and Conservation Act of 1996
    104-208     Omnibus Consolidated Appropriations for Fiscal Year 1997
    104-208     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1997 (title I, sec. 101(c))
    104-208     NATO Enlargement Facilitation Act of 1996 (title VI, sec.
                 101(c))
    104-203     Most-Favored-Nation Treatment for Cambodia
    104-201     National Defense Authorization Act for Fiscal Year 1997
    104-201     Defense Against Weapons of Mass Destruction Act of 1996
                 (title XIV)
    104-201     Panama Canal Commission Authorization Act for Fiscal Year
                 1997 (title XXXV, subtitle A)
    104-201     Panama Canal Act Amendments of 1996 (title XXXV, subtitle B)
    104-172     Iran and Libya Sanctions Act of 1996
    104-171     Most-Favored-Nation Treatment for Romania
    104-164     Miscellaneous Amendments and Authorization--FYs 1996 and
                 1997
    104-162     Most-Favored-Nation Treatment for People's Republic of
                 Bulgaria
    104-161     Release of USIA Materials: ``Fragile Ring of Life''
    104-134     USEC Privatization Act
    104-132     Antiterrorism and Effective Death Penalty Act of 1996
    104-127     Federal Agriculture Improvement and Reform Act of 1996
    104-114     Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of
                 1996
    104-106     National Defense Authorization Act for Fiscal Year 1996
    104-106     Ballistic Missile Defense Act of 1995 (title II, subtitle C)
    104-93      Intelligence Authorization Act for Fiscal Year 1996
    104-72      Au Pair Extension
    104-66      Federal Reports Elimination and Sunset Act of 1995
    104-45      Jerusalem Embassy Act of 1995
    104-43      Fisheries Act of 1995
    104-43      High Seas Fishing Compliance Act of 1995 (title I)
    104-43      Northwest Atlantic Fisheries Convention Act of 1995 (title
                 II)
    104-43      Atlantic Tunas Convention Act of 1995 (title III)
    104-43      Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)
    104-43      High Seas Driftnet Fishing Moratorium Protection Act (title
                 VI)
    104-43      Yukon River Salmon Act of 1995 (title VII) Act for Fiscal
                 Year 1997
    104-6       Emergency Supplemental Appropriations and Rescissions for
                 the Department of Defense to Preserve and Enhance Military
                 Readiness Act of 1995
    104-6       Mexican Debt Disclosure Act of 1995 (title IV)
    103-465     Uruguay Rounds Agreements Act
    103-465     Export Enhancement Program Amendments of 1994 (title IV,
                 subtitle A, part II, sec. 411(a))
    103-447     International Narcotics Control Corrections Act of 1994
    103-447     NATO Participation Act of 1994 (title II)
    103-423     United States Policy Toward Haiti
    103-416     Visa for Officials of Taiwan
    103-392     Jobs Through Trade Expansion Act of 1994
    103-391     Rhinoceros and Tiger Conservation Act of 1994
    103-381     African Conflict Resolution Act
    103-372     To Provide for an Investigation of the Whereabouts of U.S.
                 Citizens Missing From Cyprus Since 1974
    103-337     National Defense Authorization Act for Fiscal Year 1995
    103-306     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1995
    103-294     Helsinki Human Rights Day
    103-236     Foreign Relations Authorization Act, Fiscal Years 1994 and
                 1995
    103-236     Mike Mansfield Fellowship Act (title II, part C)
    103-236     United States International Broadcasting Act of 1994 (title
                 III)
    103-236     Spoils of War Act of 1994 (title V, part B)
    103-236     Anti-Economic Discrimination Act of 1994 (title V, part C)
    103-236     Cambodian Genocide Justice Act (title V, part D)
    103-236     Middle East Peace Facilitation Act of 1994 (title V, part E)
    103-236     Arms Control and Nonproliferation Act of 1994 (title VII,
                 part A)
    103-236     Nuclear Proliferation Prevention Act of 1994 (title VIII)
    103-236     Protection and Reduction of Government Secrecy Act (title
                 IX)
    103-206     Coast Guard Authorization Act of 1993
    103-199     Act For Reform in Emerging New Democracies and Support and
                 Help for Improved Partnership with Russia, Ukraine, and
                 Other New Independent States (FRIENDSHIP Act)
    103-182     North American Free Trade Agreement Implementation Act
    103-160     National Defense Authorization Act for Fiscal Year 1994
    103-160     Cooperative Threat Reduction Act of 1993 (title XII)
    103-160     Defense Conversion, Reinvestment, and Transition Assistance
                 Amendments of 1993 (title XIII)
    103-160     National Shipbuilding and Shipyard Conversion Act of 1993
                 (title XIII, subtitle D)
    103-160     Panama Canal Commission Authorization Act for Fiscal Year
                 1994 (title XXXV)
    103-158     Act to Honor the Victims of the Bombing of Pan Am Flight 103
    103-149     South African Democratic Transition Support Act of 1993
    103-133     Nondiscriminatory Treatment Toward Products of Romania
    103-125     Middle East Peace Facilitation Act of 1993
    102-588     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1993
    102-587     Oceans Act of 1992
    102-587     North Pacific Anadromous Stocks Convention Act of 1992
                 (title VIII)
    102-582     High Seas Driftnet Fisheries Enforcement Act
    102-582     Central Bering Sea Fisheries Enforcement Act of 1992 (title
                 III)
    102-567     North Pacific Anadromous Stocks Act of 1992 (title VIII)
    102-565     Peace Corps Authorization for Fiscal Year 1993
    102-549     Jobs Through Exports Act of 1992
    102-549     Aid, Trade, and Competitiveness Act of 1992 (title III)
    102-549     Enterprise for the Americas Act of 1992 (title VI)
    102-532     Enterprise for the Americas Initiative Act of 1992
    102-523     International Dolphin Conservation Act of 1992
    102-511     Freedom for Russia and Emerging Eurasian Democracies and
                 Open Markets Support Act of 1992 (FREEDOM Support Act)
    102-509     Soviet Scientists Immigration Act of 1992
    102-486     Energy Policy Act of 1992
    102-484     National Defense Authorization Act for Fiscal Year 1993
    102-484     Former Soviet Union Demilitarization Act of 1992 (title XIV)
    102-484     Weapons of Mass Destruction Control Act of 1992 (title XV)
    102-484     Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)
    102-484     Cuban Democracy Act of 1992 (title XVII)
    102-484     Panama Canal Commission Authorization Act for Fiscal Year
                 1993 (title XXXV)
    102-454     Distribution of USIA Materials
    102-450     Asian/Pacific American Heritage Month--Designation
    102-429     Export Enhancement Act of 1992
    102-420     Withdrawal of MFN From Serbia and Montenegro
    102-404     Chinese Student Protection Act of 1992
    102-396     Department of Defense Appropriations Act, 1993
    102-391     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1993
    102-383     United States-Hong Kong Policy Act of 1992
    102-372     Tourism Policy and Export Promotion Act of 1992
    102-363     Nondiscriminatory Treatment Toward Products of Albania
    102-311     International Peacekeeping Act of 1992
    102-274     Horn of Africa Recovery and Food Security Act
    102-270     Peace Process in Liberia
    102-256     Torture Victim Protection Act of 1991
    102-247     Omnibus Insular Areas Act of 1992
    102-237     Food, Agriculture, Conservation, and Trade Act Amendments of
                 1991
    102-228     Conventional Forces in Europe Treaty Implementation Act of
                 1991
    102-228     Soviet Nuclear Threat Reduction Act of 1991 (title II)
    102-197     Most-Favored Nation Treatment for the Union of Soviet
                 Socialist Republics
    102-195     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1992
    102-190     National Defense Authorization Act for Fiscal Years 1992 and
                 1993
    102-190     Missile Defense Act of 1991 (title II, part C)
    102-190     Panama Canal Commission Authorization Act for Fiscal Year
                 1992 (title XXXV)
    102-183     David L. Boren National Security Education Act of 1991
                 (title VIII)
    102-182     Termination of Trade Restrictions to Czechoslovakia and
                 Hungary
    102-182     Andean Trade Preference Act (title II)
    102-182     Chemical and Biological Weapons Control and Warfare
                 Elimination Act of 1991 (title III)
    102-158     Most-Favored Nation Treatment for People's Republic of
                 Bulgaria
    102-157     Most-Favored Nation Treatment for Mongolian People's
                 Republic
    102-138     Foreign Relations Authorization Act, Fiscal Years 1992 and
                 1993
    102-138     Dante B. Fascell North-South Center Act of 1991 (sec. 208)
    102-21      Emergency Supplemental Assistance for Israel Act of 1991
    102-20      Foreign Relations Persian Gulf Conflict Emergency
                 Supplemental Authorization Act, Fiscal Year 1991
    102-1       Authorization for Use of U.S. Armed Forces Pursuant to U.N.
                 Security Council Resolution 678
    101-649     Immigration Act of 1990
    101-647     Crime Control Act of 1990
    101-646     Nonindigenous Aquatic Nuisance Prevention and Control Act of
                 1990
    101-627     Fishery Conservation Amendments of 1990
    101-627     Dolphin Protection Consumer Information Act (title IX)
    101-624     Food, Agriculture, Conservation, and Trade Act of 1990
    101-624     Agricultural Development and Trade Act of 1990 (title XV)
    101-624     Global Climate Change Prevention Act of 1990 (title XXIV)
    101-623     International Narcotics Control Act of 1990
    101-620     Protection of Antarctica
    101-611     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1991
    101-610     National and Community Service Act of 1990
    101-606     Global Change Research Act of 1990
    101-606     International Cooperation in Global Change Research Act of
                 1990 (title II)
    101-604     Aviation Security Improvement Act of 1990
    101-594     Antarctic Protection Act of 1990
    101-549     Clean Air Act Amendments
    101-541     Most-Favored-Nation Treatment for Czechoslovakia
    101-533     Foreign Direct Investment and International Financial Date
                 Improvements Act of 1990
    101-513     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act 1991
    101-513     European Bank for Reconstruction and Development Act (sec.
                 562(c))
    101-513     Iraq Sanctions Act of 1990 (secs. 586-586J)
    101-513     International Forestry Cooperation Act of 1990 (title VI)
    101-511     Department of Defense Appropriations Act, 1991
    101-510     National Defense Authorization Act for Fiscal Year 1991
    101-510     Panama Canal Commission Authorization Act for Fiscal Year
                 1991 (title XXXV)
    101-454     Eisenhower Exchange Fellowship Act of 1990
    101-454     Fascell Fellowship Amendments Act of 1990 (sec. 9)
    101-438     Rio Grande American Canal Extension Act of 1990
    101-382     Customs and Trade Act of 1990
    101-382     Caribbean Basin Economic Recovery Expansion Act of 1990
                 (title II)
    101-382     Forest Resources Conservation and Shortage Relief Act of
                 1990 (title IV)
    101-380     Oil Pollution Act of 1990
    101-328     National Space Council Authorization Act of 1990
    101-298     Biological Weapons Anti-Terrorism Act of 1989
    101-246     Foreign Relations Authorization Act, Fiscal Years 1990 and
                 1991
    101-246     PLO Commitments Compliance Act of 1989 (title VIII)
    101-243     Urgent Assistance for Democracy in Panama Act of 1990
    101-240     International Development and Finance Act of 1989
    101-240     Foreign Debt Reserving Act of 1989 (title IV)
    101-240     Global Environmental Protection Assistance Act of 1989
                 (title VII)
    101-231     International Narcotics Control Act of 1989
    101-219     Implementation of Compact of Free Association With Palau
    101-216     Arms Control and Disarmament Amendments Act of 1989
    101-215     Survival Assistance for Victims of Civil Strife in Central
                 America
    101-189     National Defense Authorization Act for Fiscal Years 1990 and
                 1991
    101-179     Support for East European Democracy (SEED) Act of 1989
    101-167     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1990
    101-162     Departments of Commerce, Justice, and State, the Judiciary,
                 and Related Agencies Appropriations Act, 1990
    101-62      Implementing Agreement for Vienna Convention on Diplomatic
                 Relations
    100-705     Panama Canal Commission Compensation Fund Act of 1988
    100-690     International Narcotics Control Act of 1988 (title IV)
    100-685     National Aeronautics and Space Administration Authorization
                 Act, Fiscal Year 1989
    100-629     U.S.-U.S.S.R. Fishing Agreement
    100-576     Bangladesh Disaster Assistance Act of 1988
    100-530     International Cooperation to Protect Biological Diversity
    100-478     African Elephant Conservation Act (title II)
    100-465     Rio Grande Pollution Correction Act of 1987
    100-463     Department of Defense Appropriations Act, 1989
    100-461     Overseas Private Investment Corporation Amendments Act of
                 1988 (H.R. 5263, enacted by reference)
    100-461     Miscellaneous International Affairs Authorization Act of
                 1988 (S. 2757, enacted by reference)
    100-460     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1989
    100-456     National Defense Authorization Act, Fiscal Year 1989
    100-449     United States-Canada Free Trade Agreement Implementation Act
                 of 1988
    100-418     Omnibus Trade and Competitiveness Act of 1988
    100-418     Telecommunications Trade Act of 1988 (title I, subtitle C,
                 part 4)
    100-418     Export Enhancement Act 1988 (title II)
    100-418     Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,
                 part II)
    100-418     American Aid to Poland Act of 1988 (title II, subtitle B,
                 part II)
    100-418     Multilateral Export Control Enhancement Amendments Act
                 (title II, subtitle D, part II)
    100-418     Exchange Rates and International Economic Policy
                 Coordination Act of 1988 (title III, subtitle A)
    100-418     International Debt Management Act of 1988 (title III,
                 subtitle B)
    100-418     Multilateral Development Banks Procurement Act (title III,
                 subtitle C)
    100-418     Export-Import Bank and Tied Aid Credit Amendments of 1988
                 (title III, subtitle D)
    100-418     Primary Dealers Act of 1988 (title III, subtitle F)
    100-418     Financial Reports Act of 1988 (title III, subtitle G)
    100-418     Agricultural Competitiveness and Trade Act of 1988 (title
                 IV)
    100-418     Pesticide Monitoring Improvements Act of 1988 (title IV,
                 subtitle G)
    100-418     Foreign Corrupt Practices Act Amendments of 1988 (title V,
                 subtitle A, part I)
    100-418     Competitiveness Policy Council Act (title V, part I,
                 subtitle C)
    100-418     Small Business International Trade and Competitiveness Act
                 (title VII)
    100-418     Foreign Shipping Practices Act of 1988 (title X)
    100-393     Dire Emergency Supplemental Appropriations Act, 1988
    100-373     International Energy Emergency Authorities: Extension
    100-350     German Democratic Republic Fishery Agreement
    100-330     South Pacific Tuna Act of 1988
    100-300     International Child Abduction Remedies Act
    100-276     Central American Peace Assistance
    100-220     United States-Japan Fishery Agreement Approval Act of 1987
    100-220     Driftnet Impact Monitoring, Assessment, and Control Act of
                 1987 (title IV)
    100-213     Arms Control and Disarmament Amendments Act of 1987
    100-204     Foreign Relations Authorization Act, Fiscal Years 1988 and
                 1989
    100-204     United States Information Agency Authorization Act, Fiscal
                 Years 1988 and 1989 (title II)
    100-204     Board for International Broadcasting Authorization Act,
                 Fiscal Years 1988 and 1989 (title V)
    100-204     Anti-Terrorism Act of 1987 (title X)
    100-204     Global Climate Protection Act of 1987 (title XI)
    100-203     Omnibus Budget Reconciliation Act of 1987
    100-202     Continuing Appropriations, Fiscal Year 1988
    100-202     Cuban Political Prisoners and Immigrants (sec. 101(a), title
                 VII)
    100-202     Indochinese Refugee and Resettlement Act of 1987 (sec.
                 101(a), title VIII)
    100-202     Foreign Operations, Export Financing, and Related Programs
                 Appropriations Act, 1988 (sec. 101(e))
    100-202     Multilateral Investment Guarantee Agency Act (sec. 101(e),
                 H.R. 3570, enacted by reference, title IV)
    100-180     National Defense Authorization Act for Fiscal Years 1988 and
                 1989
    100-147     National Aeronautics and Space Administration Authorization
                 Act of 1988
    100-113     Federal Triangle Development Act
    100-66      United States-Korea Fishery Agreement
    99-661      National Defense Authorization Act, Fiscal Year 1987
    99-661      Department of Defense Authorization Act, 1987 (Division A)
    99-658      Approval of the Compact of Free Association With the
                 Government of Palau
    99-630      Humpback Whales Wildlife Sanctuary (West Indies)
    99-603      Immigration Reform and Control Act of 1986
    99-570      International Narcotics Control Act of 1986 (title II)
    99-529      Special Foreign Assistance Act of 1986
    99-513      R.M.S. Titanic Maritime Memorial Act of 1986
    99-498      Higher Education Amendments of 1986
    99-475      Release of USIA Materials to Museums
    99-472      Export-Import Bank Act Amendments of 1986
    99-415      Anglo-Irish Agreement Support Act of 1986
    99-399      Omnibus Diplomatic Security and Antiterrorism Act of 1986
    99-399      Diplomatic Security Act (titles I-IV)
    99-399      Victims of Terrorism Compensation Act (title VIII)
    99-399      International Maritime and Port Security Act (title IX)
    99-399      Fascell Fellowship Act (title X)
    99-239      Compact of Free Association Act of 1985
    99-198      Food Security Act of 1985
    99-198      Food for Progress Act of 1985 (sec. 1110)
    99-190      Further Continuing Appropriations, 1985
    99-190      Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.
                 2253, enacted by reference)
    99-183      Agreement for Nuclear Cooperation Between the United States
                 and China
    99-180      Departments of Commerce, Justice, and State, the Judiciary,
                 and Related Agencies Appropriations Act, 1986
    99-177      Balanced Budget and Emergency Deficit Control Act of 1985
                 [Gramm-Rudman-Hollings Act]
    99-162      Sales of Arms to Jordan
    99-145      Department of Defense Authorization Act, 1986
    99-145      Relating to the approval and implementation of the proposed
                 agreement for nuclear cooperation between the United States
                 and the People's Republic of China
    99-93       Foreign Relations Authorization Act, Fiscal Years 1986 and
                 1987
    99-93       United States Information Agency Authorization Act, Fiscal
                 Years 1986 and 1987 (title II)
    99-93       Board for International Broadcasting Authorization Act,
                 Fiscal Years 1986 and 1987 (title III)
    99-93       Iran Claims Settlement (title V)
    99-93       United States Scholarship Program for Developing Countries
                 Authorization, Fiscal Years 1986 & 1987 (title VI)
    99-93       Arms Control and Disarmament Act Authorization for Fiscal
                 Years 1986 and 1987 (title VII)
    99-88       Supplemental Appropriations Act, 1985
    99-88       Jordan Supplemental Economic Assistance Authorization Act of
                 1985 (title IV)
    99-85       Authorization for an Improved U.S./Soviet Direct
                 Communications Link
    99-83       International Security and Development Cooperation Act of
                 1985
    99-83       International Narcotics Control Act of 1985 (title VI)
    99-83       Peace Corps Authorization for Fiscal Years 1986 and 1987
                 (title XI)
    99-64       Export Administration Amendments Act of 1985
    99-47       United States-Israel Free Trade Area Implementation Act of
                 1985
     99-8       African Famine Relief and Recovery Act of 1985
     99-5       Pacific Salmon Treaty Act of 1985
    98-623      Governing International Fishery Agreements With Iceland and
                 the European Economic Community (title I)
    98-623      Antarctic Marine Living Resources Convention Act of 1984
                 (title III)
    98-618      Intelligence Authorization Act for Fiscal Year 1985
    98-573      Trade and Tariff Act of 1984
    98-573      International Trade and Investment Act (title III)
    98-573      Generalized System of Preferences Renewal Act of 1984 (title
                 V)
    98-573      Steel Import Stabilization Act (title VIII)
    98-573      Wine Equity and Export Expansion Act of 1984 (title IX)
    98-562      Cooperative East-West Ventures in Space
    98-533      1984 Act to Combat International Terrorism
    98-525      Department of Defense Authorization Act, 1985
    98-525      United States Institute for Peace Act (title XVII)
    98-473      Continuing Appropriations, 1985
    98-473      Inter-American Investment Corporation Act (title II, S.
                 2416, enacted by reference)
    98-473      President's Emergency Food Assistance Act of 1984 (title
                 III)
    98-447      United States Government Opposition to the Practice of
                 Torture
    98-445      Eastern Pacific Tuna Licensing Act of 1984
    98-373      Arctic Research and Policy Act of 1984 (title I)
    98-373      National Critical Materials Act of 1984 (title II)
    98-266      Clement J. Zablocki Memorial Outpatient Facility, American
                 Children's Hospital, Krakow, Poland
    98-258      Agricultural Programs Adjustment Act of 1984
    98-258      Agricultural Exports (title V)
    98-198      Child Health Revolution
    98-181      Supplemental Appropriations Act, 1984
    98-181      Trade and Development Enhancement Act of 1983 (title VI,
                 part C)
    98-181      International Lending Supervision Act of 1983 (title IX)
    98-181      Multilateral Development Banks: Sense of Congress (title X)
    98-164      Department of State Authorization Act, Fiscal Years 1984 and
                 1985 (titles I, X)
    98-164      United States Information Agency Authorization Act, Fiscal
                 Years 1984 and 1985 (title II)
    98-164      Board for International Broadcasting Authorization Act,
                 Fiscal Years 1984 and 1985 (title III)
    98-164      Asia Foundation Act (title IV)
    98-164      National Endowment for Democracy Act (title V)
    98-164      Foreign Missions Amendments Act (title VI)
    98-164      International Environmental Protection Act of 1983 (title
                 VII)
    98-164      Research and Training for Eastern Europe and the Independent
                 States of the Former Soviet Union Act of 1983 (title VIII)
    98-164      United States-India Fund for Cultural, Educational, and
                 Scientific Cooperation Act (title IX)
    98-151      Continuing Resolution, 1984
    98-151      Foreign Assistance and Related Programs Appropriations Act,
                 1984 (sec. 101(b)(1))
    98-151      International Security and Development Assistance
                 Authorization Act of 1983 (sec. 101(b)(2))
    98-119      Multinational Force in Lebanon Resolution
    98-111      Radio Broadcasting to Cuba Act
    98-94       Department of Defense Authorization Act, 1984
    98-67       Caribbean Basin Economic Recovery Act (title II)
    98-43       Lebanon Emergency Assistance Act of 1983
    97-446      Convention on Cultural Property Implementation Act (title
                 III)
    97-425      Nuclear Waste Policy Act of 1982
    97-418      Protection of Foreign Missions
    97-389      Fisheries Amendments of 1982
    97-389      Atlantic Salmon Convention Act of 1982 (title III)
    97-389      Governing International Fishery Agreements with Japan and
                 Spain (title IV)
    97-325      International Carriage of Perishable Foodstuffs Act
    97-290      Export Trading Company Act of 1982 (title I)
    97-290      Bank Export Services Act (title II)
    97-252      Department of Defense Authorization Act, 1983
    97-241      Department of State Authorization Act, Fiscal Years 1982 and
                 1983
    97-241      Foreign Missions Act (title II)
    97-241      United States Information Agency Authorization Act, Fiscal
                 Years 1982 and 1983 (title III)
    97-241      Board for International Broadcasting Authorization Act,
                 Fiscal Years 1982 and 1983 (title IV)
    97-229      Energy Emergency Preparedness Act of 1982
    97-145      Export Administration Amendments Act of 1981
    97-132      Multinational Force and Observers Participation Resolution
    97-127      Czechoslovakian Claims Settlement Act of 1981
    97-113      International Security and Development Cooperation Act of
                 1981
    97-98       Agriculture and Food Act of 1981
    97-98       Agriculture Trade and Export Policy Commission Act (title
                 XII, subtitle C)
    97-35       African Development Bank Act (title XIII, subtitle B, part
                 3)
    96-599      International Coffee Agreement Act of 1980
    96-561      American Fisheries Promotion Act (title II)
    96-533      International Security and Development Cooperation Act of
                 1980
    96-533      African Development Foundation Act (title V)
    96-494      Agriculture Act of 1980
    96-494      Agricultural Trade Suspension Adjustment Act of 1980 (title
                 II)
    96-494      Bill Emerson Humanitarian Trust Act (title III)
    96-487      Alaska National Interests Lands Conservation Act
    96-478      Act to Prevent Pollution from Ships
    96-465      Foreign Service Act of 1980
    96-449      Hostage Relief Act of 1980
    96-422      Refugee Education Assistance Act of 1980
    96-389      Bretton Woods Agreements Act Amendments, 1980
    96-339      Atlantic Tunas Convention Act of 1975, Appropriation
                 Authorization
    96-323      North Atlantic Treaty Organization Mutual Support Act of
                 1979
    96-283      Deep Seabed Hard Mineral Resources Act
    96-283      Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV)
    96-280      Nuclear Non-Proliferation Act of 1978--Agreements for
                 Cooperation
    96-271      International Natural Rubber Agreement Appropriation
                 Authorization for Fiscal Year 1981
    96-259      Providing for Increased Participation by the United States
                 in the Inter-American and Asian Development Banks and
                 African Development Fund
    96-236      International Sugar Agreement, 1977, Implementation
    96-212      Refugee Act of 1980
    96-175      Strategic and Critical Materials Transaction Authorization
                 Act of 1979
    96-133      Energy Policy and Conservation Act Amendments
    96-92       International Security Assistance Act of 1979
    96-72       Export Administration Act of 1979
    96-70       Panama Canal Act of 1979
    96-60       Department of State Authorization Act, Fiscal Years 1980 and
                 1981 (title I)
    96-60       International Communication Agency Authorization Act, Fiscal
                 Years 1980 and 1981 (title II)
    96-53       International Development Cooperation Act of 1979
    96-39       Trade Agreements Act of 1979
    96-35       Special International Security Assistance Act of 1979
     96-9       Reaffirming North Atlantic Alliance--United States
                 Commitment
     96-8       Taiwan Relations Act
    95-630      Financial Institutions Regulatory and Interest Rate Control
                 Act of 1978
    95-630      Export-Import Bank Act Amendments of 1978 (title XIX)
    95-561      Education Amendments of 1978
    95-561      National Academy of Peace and Conflict Resolution (title XV,
                 part B)
    95-511      Foreign Intelligence Surveillance Act of 1978
    95-501      Agricultural Trade Act of 1978
    95-485      Department of Defense Appropriation Authorization Act, 1979
    95-452      Inspector General Act of 1978
    95-435      Bretton Woods Agreements Act Amendments, 1978
    95-426      Foreign Relations Authorization Act, Fiscal Year 1979
    95-426      International Communication Agency Authorization for Fiscal
                 Year 1979 (title II)
    95-424      International Development and Food Assistance Act of 1978
    95-393      Diplomatic Relations Act
    95-384      International Security Assistance Act of 1978
    95-287      Reaffirming the Unity of the North Atlantic Alliance
                 Commitment
    95-242      Nuclear Non-Proliferation Act of 1978
    95-238      Department of Energy Act of 1978
    95-223      International Emergency Economic Powers Act (title II)
    95-213      Foreign Corrupt Practices Act of 1977 (title I)
    95-118      International Financial Institutions Act
    95-113      Food and Agriculture Act of 1977
    95-105      Foreign Relations Authorization Act, Fiscal Year 1978
    95-105      United States Information Agency Authorization for Fiscal
                 Year 1978 (title II)
    95-92       International Security Assistance Act of 1977
    95-88       International Development and Food Assistance Act of 1977
     95-6       Fishery Conservation Zone Transition Act
    94-583      Foreign Sovereign Immunities Act of 1976
    94-472      International Investment and Trade in Services Survey Act
    94-412      National Emergencies Act
    94-350      Foreign Relations Authorization Act, Fiscal Year 1977
    94-350      United States Information Agency Authorization for Fiscal
                 Year 1977 (title II)
    94-350      Foreign Service Retirement Amendments of 1976 (title V)
    94-329      International Security Assistance and Arms Export Control
                 Act of 1976
    94-304      Establishing a Commission on Security and Cooperation in
                 Europe
    94-302      African Development Fund Act (title II)
    94-265      Magnuson-Stevens Fishery Conservation and Management Act of
                 1976
    94-265      Driftnet Act Amendments of 1990 (sec. 206)
    94-163      Energy Policy and Conservation Act
    94-161      International Development and Food Assistance Act of 1975
    94-141      Foreign Relations Authorization Act, Fiscal Year 1976
    94-118      Japan-United States Friendship Act
    94-110      Joint Resolution to Implement the United States Proposal for
                 the Early-Warning System in Sinai
    94-70       Atlantic Tunas Convention Act of 1975
    94-39       National Aeronautics and Space Administration Authorization
                 Act, 1976
    93-627      Deepwater Port Act of 1974
    93-618      Trade Act of 1974
    93-618      Narcotics Control Trade Act (title VIII)
    93-559      Foreign Assistance Act of 1974
    93-479      Foreign Investment Study Act of 1974
    93-475      State Department/USIA Authorization Act, Fiscal Year 1975
    93-366      Antihijacking Act of 1974
    93-365      Department of Defense Appropriation Authorization Act, 1975
    93-248      Intervention on the High Seas Act
    93-205      Endangered Species Act of 1973
    93-199      Emergency Security Assistance Act of 1973
    93-189      Foreign Assistance Act of 1973
    93-188      United Nations Environment Program Participation Act of 1973
    93-153      Trans-Alaska Pipeline Authorization Act
    93-148      War Powers Resolution
    93-129      Board for International Broadcasting Act of 1973
    93-126      Department of State Appropriations Authorization Act of 1973
    93-110      Par Value Modification Act--Foreign Currency Reports (title
                 II)
    92-544      Departments of State, Justice, and Commerce, the Judiciary,
                 and Related Agencies Appropriations Act, 1973
    92-522      Marine Mammal Protection Act of 1972
    92-499      Act to Extend Diplomatic Privileges to the Commission of the
                 European Communities
    92-403      Case Act--Transmittal of International Agreements
    92-352      Foreign Relations Authorization Act of 1972
    92-268      Par Value Modification Act
    92-257      Trust Territory of the Pacific Islands Act
    92-226      Foreign Assistance Act of 1971
    92-39       Micronesian Claims Act of 1971
    91-672      Foreign Military Sales Act Amendments, 1971
    91-652      Special Foreign Assistance Act of 1971
    91-441      Armed Forces Appropriation Authorization, 1971
    91-269      United States Recognition and Participation in International
                 Expositions
    91-175      Foreign Assistance Act of 1969, as amended
    90-629      Arms Export Control Act
    90-554      Foreign Assistance Act of 1968
    90-553      International Center Act
    90-390      Export Loans--Assistance
    90-349      Special Drawing Rights Act
    90-137      Foreign Assistance Act of 1967
    89-732      Cuban Refugee Adjustment Act
    89-673      Foreign Gifts and Decorations Act of 1966
    89-583      Foreign Assistance Act of 1966
    89-532      Convention on the Settlement of Investment Disputes Act of
                 1966
    89-486      Foreign Agents Registration Act Amendments
    89-369      Asian Development Bank Act
    89-296      Ryukyu Islands Claims Settlement Act
    89-259      Cultural Objects--Importation for Temporary Display
    89-171      Foreign Assistance Act of 1965
    89-134      Peace Corps Act Amendments
    88-633      Foreign Assistance Act of 1964
    88-408      Tonkin Gulf Resolution
    88-205      Foreign Assistance Act of 1963
    87-826      Collection and Publication of Foreign Commerce and Trade
                 Statistics
    87-794      Trade Expansion Act of 1962
    87-733      Cuban Resolution
    87-565      Foreign Assistance Act of 1962
    87-510      Migration and Refugee Assistance Act of 1962
    87-297      Arms Control and Disarmament Act
    87-293      Peace Corps Act
    87-256      Mutual Educational and Cultural Exchange Act of 1961
    87-195      Foreign Assistance Act of 1961
    87-195      Tropical Forest Conservation Act of 1998 (part V)
    87-125      General Government Matters, Department of Commerce, and
                 Related Agencies Appropriation Act, 1962
    86-735      Latin American Development Act
    86-628      Legislative Branch Appropriation Act, 1961
    86-565      International Development Association Act
    86-472      Mutual Security Act of 1960
    86-472      Center for Cultural and Technical Interchange Between East
                 and West Act of 1960 (chapter VII)
    86-420      Mexico-United States Interparliamentary Group
    86-147      Inter-American Development Bank Act
    86-108      Mutual Security Act of 1959
    86-42       Canada-United States Interparliamentary Group
    85-931      Agricultural Trade Development and Assistance Act of 1954--
                 Extension and Amendment
    85-846      EURATOM Cooperation Act of 1958
    85-568      National Aeronautics and Space Act of 1958
    85-474      Departments of State and Justice, the Judiciary, and Related
                 Agencies Appropriation Act, 1959
    85-177      International Atomic Energy Agency Participation Act of 1957
     85-7       Resolution To Promote Peace and Stability in the Middle East
    84-885      State Department Basic Authorities Act of 1956
    84-689      United States Group of the North Atlantic Treaty
                 Parliamentary Conferences--Participation Resolution
    84-350      International Finance Corporation Act
    83-703      Atomic Energy Act of 1954
    83-680      Fisherman's Protective Act of 1967
    83-665      Mutual Security Act of 1954
    83-480      Agricultural Trade Development and Assistance Act of 1954
    83-451      Civil Government for the Trust Territory of the Pacific
                 Islands
    82-486      Extending Certain Privileges to Representatives of
                 Organization of American States
    82-414      Immigration and Nationality Act
    81-806      U.S. Participation in Certain International Organizations
    81-764      Tuna Conventions Act of 1950
    81-676      Whaling Convention Act of 1949
    81-507      National Science Foundation Act of 1950
    81-455      International Claims Settlement Act of 1949
    81-439      Agricultural Act of 1949
    80-772      Act of June 25, 1948
    80-772      Logan Act--Private Correspondence With Foreign Governments
    80-772      Johnson Act--Financial Transactions With Foreign Governments
    80-402      United States Information and Educational Exchange Act of
                 1948
    80-357      United Nations Headquarters Agreement Act
    80-253      National Security Council
    79-547      Act of July 25, 1946
    79-291      International Organizations Immunities Act
    79-264      United Nations Participation Act of 1945
    79-173      Export-Import Bank Act of 1945
    79-171      Bretton Woods Agreements Act
    76-54       Neutrality Act of 1939
    75-583      Foreign Agents Registration Act of 1938
    75-543      Act of May 25, 1938
    71-361      Tariff Act of 1930
    69-186      Foreign Service Buildings Act, 1926
    65-91       Trading With the Enemy Act
    ------------------------------------------------------------------------

                                  Appendix II

              Note.--Appendix II lists Public Laws included in
            Legislation on Foreign Relations Through 2005, either
            as freestanding law or in amendments, arranged
            alphabetically by short title or popular name with
            corresponding Public Law number.

    ------------------------------------------------------------------------
                                                                  Public Law
                             Short Title                              No.
    ------------------------------------------------------------------------
    1984 Act to Combat International Terrorism..................  98-533
    1998 Supplemental Appropriations and Rescissions Act........  105-174
    2002 Supplemental Appropriations Act for Further Recovery     107-206
     From and Response to Terrorist Attacks on the United States
    9/11 Commission Implementation Act of 2004 (title VII)......  108-458
    AGOA Acceleration Act of 2004...............................  108-274
    Act For Reform In Emerging New Democracies and Support and    103-199
     Help for Improved Partnership with Russia, Ukraine, and
     Other New Independent States (FRIENDSHIP Act)..............
    Act of May 25, 1938.........................................  75-543
    Act of July 25, 1946........................................  79-547
    Act of June 25, 1948........................................  80-772
    Act to Extend Diplomatic Privileges to the Commission of the  92-499
     European Communities.......................................
    Act to Honor the Victims of the Bombing of Pan Am Flight....  103-158
    Act to Prevent Pollution from Ships.........................  96-478
    Admiral James W. Nance and Meg Donovan Foreign Relations      106-113
     Authorization Act, Fiscal Years 2000 and 2001 (H.R. 3427,
     enacted by reference)......................................
    Afghan Women and Children Relief Act of 2001................  107-81
    Afghanistan Freedom Support Act of 2002.....................  107-327
    Africa: Seeds of Hope Act of 1998...........................  105-385
    African Conflict Resolution Act.............................  103-381
    African Development Bank Act (title XIII, subtitle B, part    97-35
     3).........................................................
    African Development Foundation Act (title V)................  96-533
    African Development Fund Act (title II).....................  94-302
    African Elephant Conservation Act (title II)................  100-478
    African Elephant Conservation Reauthorization Act of 1998...  105-217
    African Elephant Conservation Reauthorization Act of 2001...  107-111
    African Famine Relief and Recovery Act of 1985..............   99-8
    African Growth and Opportunity Act (title I)................  106-200
    Agreement for Nuclear Cooperation Between the United States   99-183
     and China..................................................
    Agricultural Act of 1949....................................  81-439
    Agricultural Competitiveness and Trade Act of 1988 (title     100-418
     IV)........................................................
    Agricultural Development and Trade Act of 1990 (title XV)...  101-624
    Agricultural Exports (title V)..............................  98-258
    Agricultural Programs Adjustment Act of 1984................  98-258
    Agricultural Trade Act of 1978..............................  95-501
    Agricultural Trade Development and Assistance Act of 1954...  83-480
    Agricultural Trade Development and Assistance Act of 1954--   85-931
     Extension and Amendment....................................
    Agricultural Trade Suspension Adjustment Act of 1980 (title   96-494
     II)........................................................
    Agriculture and Food Act of 1981............................  97-98
    Agriculture Export Relief Act...............................  105-194
    Agriculture, Rural Development, Food and Drug                 109-97
     Administration, and Related Agencies Appropriations Act,
     2006.......................................................
    Agriculture Trade and Export Policy Commission Act (title     97-98
     XII, subtitle C)...........................................
    Aid, Trade, and Competitiveness Act of 1992 (title III).....  102-549
    Alaska National Interests Lands Conservation Act............  96-487
    Amendments to U.S.-Mexico Agreement Establishing a Border     108-215
     Environment Cooperation Commission and North American
     Development Bank...........................................
    American Aid to Poland Act of 1988 (title II, subtitle B,     100-418
     part II)...................................................
    American Fisheries Promotion Act (title II).................  96-561
    American Institute in Taiwan Facilities Enhancement Act.....  106-212
    American Servicemembers Protection Act (title II)...........  107-206
    Andean Trade Preference Act (title II)......................  102-182
    Andean Trade Promotion and Drug Eradication Act (title XXXI)  107-210
    Anglo-Irish Agreement Support Act of 1986...................  99-415
    Antarctic Marine Living Resources Convention Act of 1984      98-623
     (title III)................................................
    Antarctic Protection Act of 1990............................  101-594
    Antarctic Science, Tourism, and Conservation Act of 1996....  104-227
    Anti-Economic Discrimination Act of 1994 (title V, part C)..  103-236
    Anti-Terrorism Act of 1987 (title X)........................  100-204
    Antiterrorism and Effective Death Penalty Act of 1996.......  104-132
    Antihijacking Act of 1974...................................  93-366
    Approval of the Compact of Free Association With the          99-658
     Government of Palau........................................
    Approving the Renewal of Import Restrictions--Burma.........  108-272
    Arctic Research and Policy Act of 1984 (title I)............  98-373
    Arctic Tundra Habitat Emergency Conservation Act............  106-108
    Armed Forces Appropriation Authorization, 1971..............  91-441
    Arms Control and Disarmament Act............................  87-297
    Arms Control and Disarmament Act Authorization for Fiscal     99-93
     Years 1986 and 1987 (title VII)............................
    Arms Control and Disarmament Amendments Act of 1987.........  100-213
    Arms Control and Disarmament Amendments Act of 1989.........  101-216
    Arms Control and Nonproliferation Act of 1994 (title VII,     103-236
     part A)....................................................
    Arms Control and Nonproliferation Act of 1999 (title XI,      106-113
     division B, H.R. 3427, enacted by reference)...............
    Arms Control, Nonproliferation, and Security Assistance Act   106-113
     of 1999 (division B, H.R. 3427, enacted by reference)......
    Arms Export Control Act.....................................  90-629
    Asia Foundation Act (title IV)..............................  98-164
    Asian Development Bank Act..................................  89-369
    Asian Elephant Conservation Act of 1997.....................  105-96
    Asian Elephant Conservation Reauthorization Act of 2002.....  107-141
    Asian/Pacific American Heritage Month--Designation..........  102-450
    Assistance for International Malaria Control Act............  106-570
    Assistance for Orphans and Other Vulnerable Children in       109-95
     Developing Countries Act of 2005...........................
    Atlantic Salmon Convention Act of 1982 (title III)..........  97-389
    Atlantic Tunas Convention Act of 1975.......................  94-70
    Atlantic Tunas Convention Act of 1975, Appropriation          96-339
     Authorization..............................................
    Atlantic Tunas Convention Act of 1995 (title III)...........  104-43
    Atlantic Tunas Convention Authorization Act of 1995 (title    104-43
     III).......................................................
    Atomic Energy Act of 1954...................................  83-703
    Au Pair Extension...........................................  104-72
    Authorization for an Improved U.S./Soviet Direct              99-85
     Communications Link........................................
    Authorization for Use of Military Force [international        107-40
     terrorism].................................................
    Authorization for Use of Military Force Against Iraq          107-243
     Resolution of 2002.........................................
    Authorization for Use of U.S. Armed Forces Pursuant to U.N.   102-1
     Security Council Resolution 678............................
    Aviation Security Improvement Act of 1990...................  101-604
    Balanced Budget and Emergency Deficit Control Act of 1985     99-177
     [Gramm-Rudman-Hollings Act]................................
    Ballistic Missile Defense Act of 1995 (title II, subtitle C)  104-106
    Bangladesh Disaster Assistance Act of 1988..................  100-576
    Bank Export Services Act (title II).........................  97-290
    Belarus Democracy Act of 2004...............................  108-347
    Bill Emerson Humanitarian Trust Act (title III).............  96-494
    Biological Weapons Anti-Terrorism Act of 1989...............  101-298
    Bipartian Trade Promotion Authority Act of 2002 (title XXI).  107-210
    Board for International Broadcasting Act of 1973............  93-129
    Board for International Broadcasting Appropriations, 1988     100-202
     (sec. 101(a), title V).....................................
    Board for International Broadcasting Authorization Act,       97-241
     Fiscal Years 1982 and 1983 (title IV)......................
    Board for International Broadcasting Authorization Act,       98-164
     Fiscal Years 1984 and 1985 (title III).....................
    Board for International Broadcasting Authorization Act,       99-93
     Fiscal Years 1986 and 1987 (title III).....................
    Board for International Broadcasting Authorization Act,       100-204
     Fiscal Years 1988 and 1989 (title V).......................
    Bob Stump National Defense Authorization Act for Fiscal Year  107-314
     2003.......................................................
    Bretton Woods Agreements Act................................  79-171
    Bretton Woods Agreements Act Amendments, 1978...............  95-435
    Bretton Woods Agreements Act Amendments, 1980...............  96-389
    Bring Them Home Alive Act of 2000...........................  106-484
    Cambodian Genocide Justice Act (title V, part D)............  103-236
    Canada-United States Interparliamentary Group...............  86-42
    Cape Town Treaty Implementation Act of 2004.................  108-297
    Caribbean Basin Economic Recovery Act (title II)............  98-67
    Caribbean Basin Economic Recovery Expansion Act of 1990       101-382
     (title II).................................................
    Caribbean National Forest Wild and Scenic Rivers Act of 2002  107-365
    Case Act--Transmittal of International Agreements...........  92-403
    Center for Cultural and Technical Interchange Between East    86-472
     and West Act of 1960 (chapter VII).........................
    Central American Peace Assistance...........................  100-276
    Central Bering Sea Fisheries Enforcement Act of 1992 (title   102-582
     III).......................................................
    Chemical and Biological Weapons Control and Warfare           102-182
     Elimination Act of 1991 (title III)........................
    Chemical Weapons Convention Implementation Act of 1998        105-277
     (division I)...............................................
    Child Health Revolution.....................................  98-198
    Chinese Student Protection Act of 1992......................  102-404
    Civil Government for the Trust Territory of the Pacific       83-451
     Islands....................................................
    Clean Air Act Amendments....................................  101-549
    Clean Diamond Trade Act.....................................  108-19
    Clean Water for the Americas Partnership Act of 2002          107-228
     (division A, title VI, subtitle D).........................
    Clement J. Zablocki Memorial Outpatient Facility, American    98-266
     Children's Hospital, Krakow, Poland........................
    Coast Guard Authorization Act of 1993.......................  103-206
    Collection and Publication of Foreign Commerce and Trade      87-826
     Statistics.................................................
    Combatting Proliferation of Weapons of Mass Destruction Act   104-293
     of 1996 (title VII)........................................
    Commercial Space Act of 1998................................  105-303
    Compact of Free Association Act of 1985.....................  99-239
    Competitiveness Policy Council Act (title V, part I,          100-418
     subtitle C)................................................
    Comprehensive Peace in Sudan Act of 2004....................  108-497
    Congo Basin Forest Partnership Act of 2004..................  108-200
    Consolidated Appropriations Act, 2005.......................  108-447
    Continuing Appropriations, Fiscal Year 2006.................  109-77
    Continuing Resolution, 1984.................................  98-151
    Convention on Cultural Property Implementation Act (title     97-446
     III).......................................................
    Convention on the Settlement of Investment Disputes Act of    89-532
     1966.......................................................
    Conventional Forces in Europe Treaty Implementation Act of    102-228
     1991.......................................................
    Cooperative East-West Ventures in Space.....................  98-562
    Cooperative Threat Reduction Act of 1993 (title XII)........  103-160
    Crime Control Act of 1990...................................  101-647
    Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of     104-114
     1996.......................................................
    Cuban Political Prisoners and Immigrants (sec. 101(a), title  100-202
     VII).......................................................
    Cuban Refugee Adjustment Act................................  89-732
    Cuban Resolution............................................  87-733
    Cuban Democracy Act of 1992 (title XVII)....................  102-484
    Cultural Objects--Importation for Temporary Display.........  89-259
    Customs and Trade Act of 1990...............................  101-382
    Customs Border Security Act of 2002 (title III).............  107-210
    Czechoslovakian Claims Settlement Act of 1981...............  97-127
    Dante B. Fascell North-South Center Act of 1991 (sec. 208)..  102-138
    David L. Boren National Security Education Act of 1991......  102-183
    Deep Seabed Hard Mineral Removal Tax Act of 1979 (title IV).  96-283
    Deep Seabed Hard Mineral Resources Act......................  96-283
    Deepwater Port Act of 1974..................................  93-627
    Defense Against Weapons of Mass Destruction Act of 1996       104-201
     (title XIV)................................................
    Defense Against Weapons of Mass Destruction Act of 1998       105-261
     (title XIV)................................................
    Defense Conversion, Reinvestment, and Transition Assistance   103-160
     Amendments of 1993 (title XIII)............................
    Defense Offsets Disclosure Act of 1999 (subtitle D, title     106-113
     XII, H.R. 3427, enacted by reference)......................
    Demilitarization of the Former Soviet Union Act of 1992       102-484
     (title XIV)................................................
    Department of Defense and Emergency Supplemental              107-117
     Appropriations for Recovery From and Response To Terrorist
     Attacks on the United States Act, 2002.....................
    Department of Defense Appropriation Act, 1976...............  94-212
    Department of Defense Appropriation Authorization Act, 1975.  93-365
    Department of Defense Appropriation Authorization Act, 1979.  95-485
    Department of Defense Appropriations Act, 2006 (division A).  109-148
    Department of Defense Authorization Act, 1983...............  97-252
    Department of Defense Authorization Act, 1984...............  98-94
    Department of Defense Authorization Act, 1985...............  98-525
    Department of Defense Authorization Act, 1986...............  99-145
    Department of Defense Authorization Act, 1987 (Division A)..  99-661
    Department of Defense, Emergency Supplemental Appropriations  109-148
     To Address Hurricanes in the Gulf of Mexico, and Pandemic
     Influenza Act, 2006........................................
    Department of Energy Act of 1978............................  95-238
    Department of State and Related Agencies Appropriations Act,  109-108
     2006 (title IV)............................................
    Department of State Appropriations Authorization Act of 1973  93-126
    Department of State Authorization Act, Fiscal Year 2003       107-228
     (division A)...............................................
    Department of State Authorization Act, Fiscal Years 1980 and  96-60
     1981 (title I).............................................
    Department of State Authorization Act, Fiscal Years 1982 and  97-241
     1983.......................................................
    Department of State Authorization Act, Fiscal Years 1984 and  98-164
     1985 (titles I, X).........................................
    Department of State Special Agents Retirement Act of 1998...  105-382
    Department of the Interior, Environment, and Related          109-54
     Agencies Appropriations Act, 2006..........................
    Departments of State and Justice, the Judiciary, and Related  85-474
     Agencies Appropriation Act, 1959...........................
    Departments of State, Justice, and Commerce, the Judiciary,   92-544
     and Related Agencies Appropriations Act, 1973..............
    Detainee Treatment Act of 2005 (title XIV)..................  109-163
    Diplomatic Relations Act....................................  95-393
    Diplomatic Security Act (titles I-IV).......................  99-399
    Dire Emergency Supplemental Appropriations Act, 1988........  100-393
    Distribution of USIA Materials..............................  102-454
    Dolphin Protection Consumer Information Act (title IX)......  101-627
    Dominican Republic-Central America-United States Free Trade   109-53
     Agreement Implementation Act...............................
    Driftnet Act Amendments of 1990 (sec. 206)..................  94-265
    Driftnet Impact Monitoring, Assessment, and Control Act of    100-220
     1987 (title IV)............................................
    East Timor Transition to Independence Act of 2002 (division   107-228
     A, title VI, subtitle C)...................................
    Eastern Pacific Tuna Licensing Act of 1984..................  98-445
    Education Amendments of 1978................................  95-561
    Eisenhower Exchange Fellowship Act of 1990..................  101-454
    Emergency Protection for Iraqi Cultural Antiquities Act of    108-429
     2004 (title III)...........................................
    Emergency Security Assistance Act of 1973...................  93-199
    Emergency Supplemental Appropriations Act for Defense and     108-106
     for the Reconstruction of Iraq and Afghanistan, 2004.......
    Emergency Supplemental Appropriations Act for Defense, the    109-13
     Global War on Terror, and Tsunami Relief, 2005.............
    Emergency Supplemental Appropriations To Address Hurricanes   109-148
     in the Gulf of Mexico and Pandemic Influenza Act, 2006
     (division B)...............................................
    Emergency Supplemental Appropriations and Rescissions for     104-6
     the Department of Defense to Preserve and Enhance Military
     Readiness Act of 1995......................................
    Emergency Supplemental Assistance for Israel Act of 1991....  102-21
    Emergency Supplemental Persian Gulf Refugee Assistance Act    102-45
     of 1991....................................................
    Endangered Species Act of 1973..............................  93-205
    Energy Emergency Preparedness Act of 1982...................  97-229
    Energy Policy Act of 1992...................................  102-486
    Energy Policy Act of 2005...................................  109-58
    Energy Policy and Conservation Act..........................  94-163
    Energy Policy and Conservation Act Amendments...............  96-133
    Enhanced Border Security and Visa Entry Reform Act of 2002..  107-173
    Enterprise for the Americas Act of 1992 (title VI)..........  102-549
    Enterprise for the Americas Initiative Act of 1992..........  102-532
    Establishing a Commission on Security and Cooperation in      94-304
     Europe.....................................................
    EURATOM Cooperation Act of 1958.............................  85-846
    European Bank for Reconstruction and Development Act (sec.    101-513
     562(c))....................................................
    European Security Act of 1998 (division G, title XXVII).....  105-277
    Exchange Rates and International Economic Policy              100-418
     Coordination Act of 1988 (title III, subtitle A)...........
    Export Administration Act of 1979...........................  96-72
    Export Administration Amendments Act of 1981................  97-145
    Export Administration Amendments Act of 1985................  99-64
    Export Enhancement Act of 1988 (title II)...................  100-418
    Export Enhancement Act of 1992..............................  102-429
    Export Enhancement Act of 1999..............................  106-158
    Export Enhancement Program Amendments of 1994 (title IV,      103-465
     subtitle A, part II, sec. 411(a))..........................
    Export-Import Bank Act Amendments of 1978 (title XIX).......  95-630
    Export-Import Bank Act Amendments of 1986...................  99-472
    Export-Import Bank Act of 1945..............................  79-173
    Export-Import Bank and Tied Aid Credit Amendments of 1988     100-418
     (title III, subtitle D)....................................
    Export-Import Bank Reauthorization Act of 2002..............  107-189
    Export Loans--Assistance....................................  90-390
    Export Trading Company Act of 1982 (title I)................  97-290
    Extending Certain Privileges to Representatives of            82-486
     Organization of American States............................
    Extradition Treaties Implementation Act of 1998.............  105-323
    Fair Trade in Auto Parts Act of 1988 (title II, subtitle A,   100-418
     part II)...................................................
    Famine Prevention and Freedom From Hunger Improvement Act of  106-373
     2000.......................................................
    Fascell Fellowship Act (title X)............................  99-399
    Fascell Fellowship Amendments Act of 1990 (sec. 9)..........  101-454
    Federal Agriculture Improvement and Reform Act of 1996......  104-127
    Federal Aviation Reauthorization Act of 1996................  104-264
    Federal Reports Elimination Act of 1998.....................  105-362
    Federal Reports Elimination and Sunset Act of 1995..........  104-66
    Federal Triangle Development Act............................  100-113
    Financial Institutions Regulatory and Interest Rate Control   95-630
     Act of 1978................................................
    Financial Reports Act of 1988 (title III, subtitle G).......  100-418
    Finding the Government of Iraq in Unacceptable and Material   105-235
     Breach of Its International Obligations....................
    Fisheries Act of 1995.......................................  104-43
    Fisheries Amendments of 1982................................  97-389
    Fisherman's Protective Act of 1967..........................  83-680
    Fishery Conservation Amendments of 1990.....................  101-627
    Fishery Conservation Zone Transition Act....................   95-6
    Floyd D. Spence National Defense Authorization Act for        106-398
     Fiscal Year 2001...........................................
    Food, Agriculture, Conservation, and Trade Act of 1990......  101-624
    Food, Agriculture, Conservation, and Trade Act Amendments of  102-237
     1991.......................................................
    Food and Agriculture Act of 1977............................  95-113
    Food for Progress Act of 1985 (sec. 1110)...................  99-198
    Food Security Act of 1985...................................  99-198
    Foreign Affairs Agencies Consolidation Act of 1998 (division  105-277
     G, subdivision A)..........................................
    Foreign Affairs Reform and Restructuring Act of 1998          105-277
     (division G)...............................................
    Foreign Agents Registration Act Amendments..................  89-486
    Foreign Agents Registration Act of 1938.....................  75-583
    Foreign Assistance Act of 1961..............................  87-195
    Foreign Assistance Act of 1962..............................  87-565
    Foreign Assistance Act of 1963..............................  88-205
    Foreign Assistance Act of 1964..............................  88-633
    Foreign Assistance Act of 1965..............................  89-171
    Foreign Assistance Act of 1966..............................  89-583
    Foreign Assistance Act of 1967..............................  90-137
    Foreign Assistance Act of 1968..............................  90-554
    Foreign Assistance Act of 1969, as amended..................  91-175
    Foreign Assistance Act of 1971..............................  92-226
    Foreign Assistance Act of 1973..............................  93-189
    Foreign Assistance Act of 1974..............................  93-559
    Foreign Assistance and Related Programs Appropriations Act,   98-151
     1984 (sec. 101(b)(1))......................................
    Foreign Corrupt Practices Act Amendments of 1988 (title V,    100-418
     subtitle A, part I)........................................
    Foreign Corrupt Practices Act of 1977 (title I).............  95-213
    Foreign Debt Reserving Act of 1989 (title IV)...............  101-240
    Foreign Direct Investment and International Financial Date    101-533
     Improvements Act of 1990...................................
    Foreign Gifts and Decorations Act of 1966...................  89-673
    Foreign Intelligence Surveillance Act of 1978...............  95-511
    Foreign Investment Study Act of 1974........................  93-479
    Foreign Military Sales Act Amendments, 1971.................  91-672
    Foreign Missions Act (title II).............................  97-241
    Foreign Missions Amendments Act (title VI)..................  98-164
    Foreign Narcotics Kingpin Designation Act (title VIII)......  106-120
    Foreign Operations, Export Financing, and Related Programs    100-202
     Appropriations Act, 1988 (sec. 101(e)).....................
    Foreign Operations, Export Financing, and Related Programs    100-460
     Appropriations Act, 1989...................................
    Foreign Operations, Export Financing, and Related Programs    101-167
     Appropriations Act, 1990...................................
    Foreign Operations, Export Financing, and Related Programs    101-513
     Appropriations Act 1991....................................
    Foreign Operations, Export Financing, and Related Programs    102-391
     Appropriations Act, 1993...................................
    Foreign Operations, Export Financing, and Related Programs    103-306
     Appropriations Act, 1995...................................
    Foreign Operations, Export Financing, and Related Programs    104-208
     Supplemental Appropriations Act, 1997 (title I, sec.
     101(c))....................................................
    Foreign Operations, Export Financing, and Related Programs    106-113
     Appropriations Act, 2000 (H.R. 3422, enacted by reference).
    Foreign Operations, Export Financing, and Related Programs    106-429
     Appropriations Act, 2001...................................
    [Kenneth M. Ludden] Foreign Operations, Export Financing and  107-115
     Related Programs Appropriations Act, 2002..................
    Foreign Operations, Export Financing and Related Programs     108-7
     Appropriations Act, 2003 (division E)......................
    Foreign Operations, Export Financing, and Related Programs    108-199
     Appropriations Act, 2004 (division D)......................
    Foreign Operations, Export Financing, and Related Programs    108-447
     Appropriations Act, 2005 (division D)......................
    Foreign Operations, Export Financing, and Related Programs    109-102
     Appropriations Act, 2006...................................
    Foreign Relations Authorization Act, Fiscal Year 1976.......  94-141
    Foreign Relations Authorization Act, Fiscal Year 1977.......  94-350
    Foreign Relations Authorization Act, Fiscal Year 1978.......  95-105
    Foreign Relations Authorization Act, Fiscal Year 1979.......  95-426
    Foreign Relations Authorization Act, Fiscal Year 2003.......  107-228
    Foreign Relations Authorization Act, Fiscal Years 1986 and    99-93
     1987.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1988 and    100-204
     1989.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1990 and    101-246
     1991.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1992 and    102-138
     1993.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1994 and    103-236
     1995.......................................................
    Foreign Relations Authorization Act, Fiscal Years 1998 and    105-277
     1999 (division G, subdivision B)...........................
    Foreign Relations Authorization Act of 1972.................  92-352
    Foreign Relations Persian Gulf Conflict Emergency             102-20
     Supplemental Authorization Act, Fiscal Year 1991...........
    Foreign Service Act of 1980.................................  96-465
    Foreign Service Buildings Act, 1926.........................  69-186
    Foreign Service Retirement Amendments of 1976 (title V).....  94-350
    Foreign Shipping Practices Act of 1988 (title X)............  100-418
    Foreign Sovereign Immunities Act of 1976....................  94-583
    Forest Resources Conservation and Shortage Relief Act of      101-382
     1990 (title IV)............................................
    Freedom for Russia and Emerging Eurasian Democracies and      102-511
     Open Markets Support Act of 1992 (FREEDOM Support Act).....
    Freedom Investment Act of 2002 (division A, title VI,         107-228
     subtitle E)................................................
    FRIENDSHIP Act..............................................  103-199
    Further Continuing Appropriations, 1985.....................  99-190
    General Government Matters, Department of Commerce, and       87-125
     Related Agencies Appropriation Act, 1962...................
    Generalized System of Preferences Renewal Act of 1984 (title  98-573
     V).........................................................
    Gerald B.H. Solomon Freedom Consolidation Act of 2002.......  107-187
    German-American Day.........................................  103-100
    German Democratic Republic Fishery Agreement................  100-350
    Global AIDS and Tuberculosis Relief Act of 2000.............  106-264
    Global AIDS Research and Relief Act of 2000 (title I).......  106-264
    Global Anti-Semitism Review Act of 2004.....................  108-332
    Global Change Research Act of 1990..........................  101-606
    Global Climate Change Prevention Act of 1990 (title XXIV)...  101-624
    Global Climate Protection Act of 1987 (title XI)............  100-204
    Global Environmental Protection Assistance Act of 1989        101-240
     (title VII)................................................
    Governing International Fishery Agreement With Poland.......  105-384
    Governing International Fishery Agreements With Iceland and   98-623
     the European Economic Community (title I)..................
    Governing International Fishery Agreements With Japan and     97-389
     Spain (title IV)...........................................
    Great Ape Conservation Act of 2000..........................  106-411
    Haitian Refugee Immigration Fairness Act of 1998 (division    105-277
     A, sec. 101(h), title IX)..................................
    HELP Commission Act (division B, sec. 637)..................  108-199
    Helsinki Human Rights Day...................................  103-294
    High Seas Driftnet Fisheries Enforcement Act................  102-582
    High Seas Driftnet Fishing Moratorium Protection Act (title   104-43
     VI)........................................................
    High Seas Fishing Compliance Act of 1995 (title I)..........  104-43
    Higher Education Amendments of 1986.........................  99-498
    Holocaust Victims Redress Act...............................  105-158
    Horn of Africa Recovery and Food Security Act...............  102-274
    Hostage Relief Act of 1980..................................  96-449
    Human Rights, Refugees, and Other Foreign Relations           104-319
     Provisions Act of 1996.....................................
    Humpback Whales Wildlife Sanctuary (West Indies)............  99-630
    ILSA [Iran and Libya Sanctions Act] Extension Act of 2001...  107-24
    Immigration Act of 1990.....................................  101-649
    Immigration and Nationality Act.............................  82-414
    Immigration Reform and Control Act of 1986..................  99-603
    Implementation of Compact of Free Association With Palau....  101-219
    Implementing Agreement for Vienna Convention on Diplomatic    101-62
     Relations..................................................
    Indochinese Refugee and Resettlement Act of 1987 (sec.        100-202
     101(a), title VIII)........................................
    Inspector General Act of 1978...............................  95-452
    Intelligence Authorization Act for Fiscal Year 1985.........  98-618
    Intelligence Authorization Act for Fiscal Year 1996.........  104-93
    Intelligence Authorization Act for Fiscal Year 1997.........  104-293
    Intelligence Authorization Act for Fiscal Year 1998.........  105-107
    Intelligence Authorization Act for Fiscal Year 2000.........  106-120
    Intelligence Reform and Terrorism Prevention Act of 2004....  108-458
    Inter-American Development Bank Act.........................  86-147
    Inter-American Investment Corporation Act (title II, S.       98-473
     2416, enacted by reference)................................
    Intercountry Adoption Act of 2000...........................  106-279
    International Academic Opportunities Act of 2000 (title III)  106-309
    International Anti-Bribery and Fair Competition Act of 1998.  105-366
    International Anti-Corruption and Good Governance Act of      106-309
     2000 (title II)............................................
    International Arms Sales Code of Conduct Act of 1999          106-113
     (subtitle F, title XII, H.R. 3427, enacted by reference)...
    International Atomic Energy Agency Participation Act of 1957  85-177
    International Carriage of Perishable Foodstuffs Act.........  97-325
    International Center Act....................................  90-553
    International Child Abduction Remedies Act..................  100-300
    International Claims Settlement Act of 1949.................  81-455
    International Coffee Agreement Act of 1980..................  96-599
    International Communication Agency Authorization for Fiscal   95-426
     Year 1979 (title II).......................................
    International Communication Agency Authorization Act, Fiscal  96-60
     Years 1980 and 1981 (title II).............................
    International Cooperation in Global Change Research Act of    101-606
     1990 (title II)............................................
    International Cooperation to Protect Biological Diversity...  100-530
    International Debt Management Act of 1988 (title III,         100-418
     subtitle B)................................................
    International Development and Finance Act of 1989...........  101-240
    International Development and Food Assistance Act of 1975...  94-161
    International Development and Food Assistance Act of 1977...  95-88
    International Development and Food Assistance Act of 1978...  95-424
    International Development Association Act...................  86-565
    International Development Cooperation Act of 1979...........  96-53
    International Dolphin Conservation Act of 1992..............  102-523
    International Dolphin Conservation Program Act..............  105-42
    International Emergency Economic Powers Act (title II)......  95-223
    International Energy Emergency Authorities: Extension.......  100-373
    International Environmental Protection Act of 1983 (title     98-164
     VII).......................................................
    International Finance Corporation Act.......................  84-350
    International Financial Institutions Act....................  95-118
    International Forestry Cooperation Act of 1990 (title VI)...  101-513
    International Investment and Trade in Services Survey Act...  94-472
    International Lending Supervision Act of 1983 (title IX)....  98-181
    International Malaria Control Act (title I).................  106-570
    International Maritime and Port Security Act (title IX).....  99-399
    International Money Laundering Abatement and Financial Anti-  107-56
     Terrorism Act of 2001 (title III)..........................
    International Narcotics Control Act of 1985 (title VI)......  99-83
    International Narcotics Control Act of 1986 (title II)......  99-570
    International Narcotics Control Act of 1988 (title IV)......  100-690
    International Narcotics Control Act of 1989.................  101-231
    International Narcotics Control Act of 1990.................  101-623
    International Narcotics Control Corrections Act of 1994.....  103-447
    International Natural Rubber Agreement Appropriation          96-271
     Authorization for Fiscal Year 1981.........................
    International Organizations Immunities Act..................  79-291
    International Parental Kidnapping Crime Act.................  105-173
    International Peacekeeping Act of 1992......................  102-311
    International Religious Freedom Act of 1998.................  105-292
    International Security and Development Assistance             98-151
     Authorization Act of 1983 (sec. 101(b)(2)).................
    International Security and Development Cooperation Act of     96-533
     1980.......................................................
    International Security and Development Cooperation Act of     97-113
     1981.......................................................
    International Security and Development Cooperation Act of     99-83
     1985.......................................................
    International Security Assistance Act of 1977...............  95-92
    International Security Assistance Act of 1978...............  95-384
    International Security Assistance Act of 1979...............  96-92
    International Security Assistance and Arms Export Control     94-329
     Act of 1976................................................
    International Sugar Agreement, 1977, Implementation.........  96-236
    International Trade and Investment Act (title III)..........  98-573
    International Tuberculosis Control Act of 2000 (title II)...  106-264
    Intervention on the High Seas Act...........................  93-248
    Iran and Libya Sanctions Act of 1996........................  104-172
    Iran Claims Settlement (title V)............................  99-93
    Iran-Iraq Arms Non-Proliferation Act of 1992 (title XVI)....  102-484
    Iran Nonproliferation Act of 2000...........................  106-178
    Iran Nonproliferation Amendments Act of 2005................  109-112
    Iran Nuclear Proliferation Prevention Act of 2002 (division   107-228
     B, title XIII, subtitle D).................................
    Iraq Liberation Act of 1998.................................  105-338
    Iraq Sanctions Act of 1990 (secs. 586-586J).................  101-513
    Irish Peace Process Cultural and Training Program Act of      105-319
     1998.......................................................
    Japan-United States Friendship Act..........................  94-118
    Japanese Imperial Government Disclosure Act of 2000 (title    106-567
     VIII)......................................................
    Jerusalem Embassy Act of 1995...............................  104-45
    Jobs Through Exports Act of 1992............................  102-549
    Jobs Through Trade Expansion Act of 1994....................  103-392
    Johnson Act--Financial Transactions With Foreign Governments  80-772
    Joint Resolution to Implement the United States Proposal for  94-110
     the Early-Warning System in Sinai..........................
    Jordan Supplemental Economic Assistance Authorization Act of  99-88
     1985 (title IV)............................................
    Kenneth M. Ludden Foreign Operations, Export Financing and    107-115
     Related Programs Appropriations Act, 2002..................
    Latin American Development Act..............................  86-735
    Lebanon Emergency Assistance Act of 1983....................  98-43
    Legislative Branch Appropriation Act, 1961..................  86-628
    Logan Act--Private Correspondence With Foreign Governments..  80-772
    Magnuson-Stevens Fishery Conservation and Management Act of   94-265
     1976.......................................................
    Marine Mammal Protection Act of 1972........................  92-522
    Marine Turtle Conservation Act of 2004......................  108-266
    Mexican Debt Disclosure Act of 1995 (title IV)..............  104-6
    Mexico-United States Interparliamentary Group...............  86-420
    Microenterprise for Self-Reliance Act of 2000 (title I).....  106-309
    Microenterprise for Self-Reliance and International Anti-     106-309
     Corruption Act of 2000.....................................
    Microenterprise Report to Congress..........................  108-31
    Microenterprise Results and Accountability Act of 2004......  108-484
    Micronesian Claims Act of 1971..............................  92-39
    Middle East Peace Facilitation Act of 1993..................  103-125
    Middle East Peace Facilitation Act of 1994 (title V, part E)  103-236
    Middle East Peace Commitments Act of 2002 (division A, title  107-228
     VI, subtitle A)............................................
    Migration and Refugee Assistance Act of 1962................  87-510
    Migratory Bird Treaty Reform Act of 2004 (division E, sec.    108-447
     143).......................................................
    Mike Mansfield Fellowship Act (title II, part C)............  103-236
    Millennium Challenge Act of 2003 (division D, title VI).....  108-199
    Miscellaneous Amendments and Authorization--FYs 1996 and      104-164
     1997.......................................................
    Miscellaneous Appropriations and Offsets Act, 2005 (division  108-447
     J, title I)................................................
    Miscellaneous International Affairs Authorization Act of      100-461
     1988 (S. 2757, enacted by reference).......................
    Miscellaneous Trade and Technical Corrections Act of 1999...  106-36
    Miscellaneous Trade and Technical Corrections Act of 2004...  108-429
    Missile Defense Act of 1991 (title II, part C)..............  102-190
    Most-Favored-Nation Treatment for Cambodia..................  104-203
    Most-Favored-Nation Treatment for People's Republic of        102-158
     Bulgaria...................................................
    Most-Favored-Nation Treatment for People's Republic of        104-162
     Bulgaria...................................................
    Most-Favored-Nation Treatment for Czechoslovakia............  101-541
    Most-Favored Nation Treatment for Mongolian People's          102-157
     Republic...................................................
    Most-Favored-Nation Treatment for Romania...................  104-171
    Most-Favored Nation Treatment for the Union of Soviet         102-197
     Socialist Republics........................................
    Multilateral Development Bank Act of 1985 (sec. 101(i), H.R.  99-190
     2253, enacted by reference)................................
    Multilateral Development Banks Procurement Act (title III,    100-418
     subtitle C)................................................
    Multilateral Development Banks: Sense of Congress (title X).  98-181
    Multilateral Export Control Enhancement Amendments Act        100-418
     (title II, subtitle D, part II)............................
    Multilateral Investment Guarantee Agency Act (sec. 101(e),    100-202
     H.R. 3570, enacted by reference, title IV).................
    Multinational Force and Observers Participation Resolution..  97-132
    Multinational Force in Lebanon Resolution...................  98-119
    Mutual Educational and Cultural Exchange Act of 1961........  87-256
    Mutual Security Act of 1954.................................  83-665
    Mutual Security Act of 1959.................................  86-108
    Mutual Security Act of 1960.................................  86-472
    National Academy of Peace and Conflict Resolution (title XV,  95-561
     part B)....................................................
    National Aeronautics and Space Act of 1958..................  85-568
    National Aeronautics and Space Administration Authorization   94-39
     Act, 1976..................................................
    National Aeronautics and Space Administration Authorization   100-147
     Act of 1988................................................
    National Aeronautics and Space Administration Authorization   100-685
     Act, Fiscal Year 1989......................................
    National Aeronautics and Space Administration Authorization   101-611
     Act, Fiscal Year 1991......................................
    National Aeronautics and Space Administration Authorization   102-195
     Act, Fiscal Year 1992......................................
    National Aeronautics and Space Administration Authorization   102-588
     Act, Fiscal Year 1993......................................
    National and Community Service Act of 1990..................  101-610
    National Critical Materials Act of 1984 (title II)..........  98-373
    National Defense Authorization Act, Fiscal Year 1987........  99-661
    National Defense Authorization Act, Fiscal Year 1989........  100-456
    National Defense Authorization Act for Fiscal Years 1988 and  100-180
     1989.......................................................
    National Defense Authorization Act for Fiscal Years 1990 and  101-189
     1991.......................................................
    National Defense Authorization Act for Fiscal Year 1991.....  101-510
    National Defense Authorization Act for Fiscal Years 1992 and  102-190
     1993.......................................................
    National Defense Authorization Act for Fiscal Year 1993.....  102-484
    National Defense Authorization Act for Fiscal Year 1994.....  103-160
    National Defense Authorization Act for Fiscal Year 1995.....  103-337
    National Defense Authorization Act for Fiscal Year 1996.....  104-106
    National Defense Authorization Act for Fiscal Year 1997.....  104-201
    National Defense Authorization Act for Fiscal Year 1998.....  105-85
    National Defense Authorization Act for Fiscal Year 1999.....  105-262
    National Defense Authorization Act for Fiscal Year 2000.....  106-65
    [Floyd D. Spence] National Defense Authorization Act for      106-398
     Fiscal Year 2001...........................................
    National Defense Authorization Act for Fiscal Year 2002.....  107-107
    [Bob Stump] National Defense Authorization Act for Fiscal     107-314
     Year 2003..................................................
    National Defense Authorization Act for Fiscal Year 2004.....  108-136
    [Ronald W. Reagan] National Defense Authorization Act for     108-375
     Fiscal Year 2005...........................................
    National Defense Authorization Act for Fiscal Year 2006.....  109-163
    National Emergencies Act....................................  94-412
    National Endowment for Democracy Act (title V)..............  98-164
    National Former Prisoners of War Recognition Day............  103-60
    National Missile Defense Act of 1999........................  106-38
    National Science Foundation Act of 1950.....................  81-507
    National Security and Corporate Fairness under the            106-113
     Biological Weapons Convention Act (chapter 2, subtitle A,
     title XI, division B, H.R. 3427, enacted by reference).....
    National Security Council...................................  80-253
    National Shipbuilding and Shipyard Conversion Act of 1993     103-160
     (title XIII, subtitle D)...................................
    National Space Council Authorization Act of 1990............  101-328
    National Terrorist Asset Trading Center.....................  106-346
    NATO Participation Act of 1994 (title II)...................  103-447
    Naval Vessels Transfer Act of 2005..........................  109-134
    Nazi War Crimes Disclosure Act..............................  105-246
    Neotropical Migratory Bird Conservation Act.................  106-247
    Neutrality Act of 1939......................................  76-54
    Nicaraguan Adjustment and Central American Relief Act (title  105-100
     II)........................................................
    Nondiscriminatory Treatment Toward Products of Albania......  102-363
    Nondiscriminatory Treatment Toward Products of Romania......  103-133
    Nonproliferation Assistance Coordination Act of 2002........  107-228
    Nonindigenous Aquatic Nuisance Prevention and Control Act of  101-646
     1990.......................................................
    North American Free Trade Agreement Implementation Act......  103-182
    North Atlantic Treaty Organization Mutual Support Act of      96-323
     1979.......................................................
    North Korea Threat Reduction Act of 1999 (subtitle B, title   106-113
     VIII, division A, H.R. 3427, enacted by reference).........
    North Korean Human Rights Act of 2004.......................  108-333
    North Pacific Anadromous Stocks Act of 1992 (title VIII)....  102-567
    North Pacific Anadromous Stocks Convention Act of 1992        102-587
     (title VIII)...............................................
    Northern Uganda Crisis Response Act.........................  108-283
    Northwest Atlantic Fisheries Convention Act of 1995 (title    104-43
     II)........................................................
    Nuclear Non-Proliferation Act of 1978.......................  95-242
    Nuclear Non-Proliferation Act of 1978--Agreements for         96-280
     Cooperation................................................
    Nuclear Proliferation Prevention Act of 1994 (title VIII)...  103-236
    Nuclear Security Initiative Act of 2003 (title XXXVI).......  108-136
    Nuclear Waste Policy Act of 1982............................  97-425
    Oceans Act of 1992..........................................  102-587
    Oceans Act of 2000..........................................  106-256
    Office of National Drug Control Policy Reauthorization Act    105-277
     of 1998 (division C, title VII)............................
    Oil Pollution Act of 1990...................................  101-380
    Omnibus Consolidated and Emergency Supplemental               105-277
     Appropriations Act for Fiscal Year 1999....................
    Omnibus Consolidated Appropriations for Fiscal Year 1997....  104-208
    Omnibus Diplomatic Security and Antiterrorism Act of 1986...  99-399
    Omnibus Insular Areas Act of 1992...........................  102-247
    Omnibus Trade and Competitiveness Act of 1988...............  100-418
    Operation Desert Shield/Desert Storm Supplemental             102-28
     Appropriations Act, 1991...................................
    Overseas Private Investment Corporation Amendments Act of     100-461
     1988 (H.R. 5263, enacted by reference).....................
    Pacific Charter Commission Act of 2000 (title IV)...........  106-570
    Pacific Salmon Treaty Act of 1985...........................   99-5
    Passport Services Enhancement Act of 2005...................  109-167
    Paul D. Coverdell Fellows Program Act of 2000 (sec. 408)....  106-309
    Paul D. Coverdell World Wise Schools Act of 2000 (title VI).  106-570
    Panama Canal Act of 1979....................................  96-70
    Panama Canal Act Amendments of 1996.........................  104-201
    Panama Canal Commission Authorization Act for Fiscal Year     101-189
     1990 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     101-510
     1991 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     102-190
     1992 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     102-484
     1993 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     103-160
     1994 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     103-337
     1995 (title XXXVI).........................................
    Panama Canal Commission Authorization Act for Fiscal Year     104-106
     1996 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     104-201
     1997 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     105-85
     1998 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     105-261
     1999 (title XXXV)..........................................
    Panama Canal Commission Authorization Act for Fiscal Year     106-65
     2000 (title XXXV)..........................................
    Par Value Modification Act..................................  92-268
    Par Value Modification Act--Foreign Currency Reports (title   93-110
     II)........................................................
    Peace Corps Act.............................................  87-293
    Peace Corps Act Amendments..................................  89-134
    Peace Corps Authorization for Fiscal Years 1986 and 1987      99-83
     (title XI).................................................
    Peace Corps Authorization for Fiscal Year 1993..............  102-565
    Peace Corps Reauthorization.................................  106-30
    Peace Process in Liberia....................................  102-270
    Persian Gulf Conflict Supplemental Authorization and          102-25
     Personnel Benefits Act of 1991.............................
    Persian Gulf POW/MIA Accountability Act of 2002.............  107-258
    Pesticide Monitoring Improvements Act of 1988 (title IV,      100-418
     subtitle G)................................................
    PLO Commitments Compliance Act of 1989 (title VIII).........  101-246
    President's Emergency Food Assistance Act of 1984 (title      98-473
     III).......................................................
    Prevention of Child Abduction Partnership Act...............  108-370
    Primary Dealers Act of 1988 (title III, subtitle F).........  100-418
    Proliferation Prevention Enhancement Act of 1999 (subtitle    106-113
     E, title XII, H.R. 3427, enacted by reference).............
    Protection and Reduction of Government Secrecy Act (title     103-236
     IX)........................................................
    Protection of Antarctica....................................  101-620
    Protection of Foreign Missions..............................  97-418
    Providing for Increased Participation by the United States    96-259
     in the Inter-American and Asian Development Banks and
     African Development Fund...................................
    Quincentenary of Voyage of Christopher Columbus.............  102-472
    R.M.S. Titanic Maritime Memorial Act of 1986................  99-513
    Radio Broadcasting to Cuba Act..............................  98-111
    Radio Free Afghanistan......................................  107-148
    Radio Free Asia Act of 1998 (title XXXIX)...................  105-261
    Reaffirming North Atlantic Alliance--United States             96-9
     Commitment.................................................
    Reaffirming the Unity of the North Atlantic Alliance          95-287
     Commitment.................................................
    Records Relating to Nazi Warm Crimes........................  104-309
    Refugee Act of 1980.........................................  96-212
    Refugee Education Assistance Act of 1980....................  96-422
    Release of USIA Materials to Museums........................  99-475
    Release of USIA Materials: ``Fragile Ring of Life''.........  104-161
    Release of USIA Materials: VOA, Radio Marti Recordings......  104-269
    Renewal of Import Restrictions--Burmese Freedom and           109-39
     Democracy Act of 2003......................................
    Research and Training for Eastern Europe and the Independent  98-164
     States of the Former Soviet Union Act of 1983 (title VIII).
    Resolution To Promote Peace and Stability in the Middle East   85-7
    Rhinoceros and Tiger Conservation Act of 1994...............  103-391
    Rhinoceros and Tiger Conservation Act of 1998...............  105-312
    Rhinoceros and Tiger Conservation Reauthorization Act of      107-112
     2001.......................................................
    Rio Grande American Canal Extension Act of 1990.............  101-438
    Rio Grande Pollution Correction Act of 1987.................  100-465
    Ronald W. Reagan National Defense Authorization Act for       108-375
     Fiscal Year 2005...........................................
    Russian Democracy Act of 2002...............................  107-246
    Russian Federation Debt for Nonproliferation Act of 2002      107-228
     (division B, title XIII, subtitle B).......................
    Ryukyu Islands Claims Settlement Act........................  89-296
    Sales of Arms to Jordan.....................................  99-162
    Science, State, Justice, Commerce, and Related Agencies       109-108
     Appropriations Act, 2006...................................
    Sea of Okhotsk Fisheries Enforcement Act of 1995 (title V)..  104-43
    Secure Embassy Construction and Counterterrorism Act of 1999  106-113
     (title VI, division A, H.R. 3427, enacted by reference)....
    Security Assistance Act of 1999 (title XII, H.R. 3427,        106-113
     enacted by reference)......................................
    Security Assistance Act of 2000.............................  106-280
    Security Assistance Act of 2002 (division B)................  107-228
    Senator Paul Simon Water for the Poor Act of 2005...........  109-121
    Set America Free Act of 2005 (SAFE Act) (title XIV, subtitle  109-58
     B).........................................................
    Shark Finning Prohibition Act...............................  106-557
    Silk Road Strategy Act of 1999 (sec. 596, H.R. 3422, enacted  106-113
     by reference)..............................................
    Small Business International Trade and Competitiveness Act    100-418
     (title VII)................................................
    South African Democratic Transition Support Act of 1993.....  103-149
    South Pacific Tuna Act of 1988..............................  100-330
    Soviet Nuclear Threat Reduction Act of 1991 (title II)......  102-228
    Soviet Scientists Immigration Act of 1992...................  102-509
    Special Drawing Rights Act..................................  90-349
    Special Foreign Assistance Act of 1971......................  91-652
    Special Foreign Assistance Act of 1986......................  99-529
    Special International Security Assistance Act of 1979.......  96-35
    Spoils of War Act of 1994 (title V, part B).................  103-236
    State Department Basic Authorities Act of 1956..............  84-885
    State Department/USIA Authorization Act, Fiscal Year 1975...  93-475
    Steel Import Stabilization Act (title VIII).................  98-573
    Strategic and Critical Materials Transaction Authorization    96-175
     Act of 1979................................................
    Striped Bass Conservation, Atlantic Coastal Fisheries         106-555
     Management and Marine Mammal Rescue Assistance Act of 2000.
    Strom Thurmond National Defense Authorization Act for Fiscal  105-261
     Year 1999..................................................
    Sudan Peace Act.............................................  107-245
    Supplemental Appropriations Act of 1993.....................  103-50
    Supplemental Appropriations Act, 1984.......................  98-181
    Supplemental Appropriations Act, 1985.......................  99-88
    Support for East European Democracy (SEED) Act of 1989......  101-179
    Support for Overseas Cooperative Development Act (sec. 401).  106-309
    Survival Assistance for Victims of Civil Strife in Central    101-215
     America....................................................
    Sustainable Fisheries Act...................................  104-297
    Syria Accountability and Lebanese Sovereignty Restoration     108-175
     Act of 2003................................................
    Taiwan's Participation in the World Health Organization.....  108-235
    Taiwan's Participation in the World Health Organization.....  108-28
    Taiwan Relations Act........................................   96-8
    Tariff Act of 1930..........................................  71-361
    Tariff Suspension and Trade Act of 2000.....................  106-476
    Telecommunications Trade Act of 1988 (title I, subtitle C,    100-418
     part 4)....................................................
    Termination of Trade Restrictions to Czechoslovakia and       102-182
     Hungary....................................................
    Terrorist Bombings Convention Implementation Act of 2002....  107-197
    Tibetan Policy Act 2002 (division A, title VI, subtitle B)..  107-228
    To Provide Certain Authorities for the Department of State..  109-140
    To Provide for an Investigation of the Whereabouts of U.S.    103-372
     Citizens Missing From Cyprus Since 1974....................
    Tonkin Gulf Resolution......................................  88-408
    Torture Victim Protection Act of 1991.......................  102-256
    Torture Victims Relief Reauthorization Act of 1999..........  106-87
    Torture Victims Relief Reauthorization Act of 2005..........  109-165
    Tourism Policy and Export Promotion Act of 1992.............  102-372
    Trade Act of 1974...........................................  93-618
    Trade Act of 2002...........................................  107-210
    Trade Agreements Act of 1979................................  96-39
    Trade and Development Act of 2000...........................  106-200
    Trade and Development Enhancement Act of 1983 (title VI,      98-181
     part C)....................................................
    Trade and Tariff Act of 1984................................  98-573
    Trade Deficit Review Commission Act (division A, sec. 127)..  105-277
    Trade Expansion Act of 1962.................................  87-794
    Trade Sanctions Reform and Export Enhancement Act of 2000     106-387
     (title IX).................................................
    Trading With the Enemy Act..................................  65-91
    Trafficking Victims Protection Act of 2000 (division A).....  106-386
    Trafficking Victims Protection Reauthorization Act of 2005..  109-164
    Trans-Alaska Pipeline Authorization Act.....................  93-153
    Transfer of Items To War Reserves Stockpile for Allies,       109-159
     Korea......................................................
    Tropical Forest Conservation Act of 1998 (part V)...........  87-195
    Tropical Forest Conservation Act Reauthorization............  108-323
    Trust Territory of the Pacific Islands Act..................  92-257
    Tuna Conventions Act of 1950................................  81-764
    United Nations Environment Program Participation Act of 1973  93-188
    United Nations Headquarters Agreement Act...................  80-357
    United Nations Participation Act of 1945....................  79-264
    United Nations Reform Act of 1998 (division F, subdivision    105-277
     C).........................................................
    United Nations Reform Act of 1999 (title IX, division A,      106-113
     H.R. 3427, enacted by reference)...........................
    United States-Australia Free Trade Agreement Implementation   108-286
     Act........................................................
    United States-Canada Free Trade Agreement Implementation Act  100-449
     of 1988....................................................
    United States-Chile Free Trade Agreement Implementation Act.  108-77
    United States Government Opposition to the Practice of        98-447
     Torture....................................................
    United States Group of the North Atlantic Treaty              84-689
     Parliamentary Conferences--Participation Resolution........
    United States-Hong Kong Policy Act of 1992..................  102-383
    United States-India Fund for Cultural, Educational, and       98-164
     Scientific Cooperation Act (title IX)......................
    United States Information Agency Authorization for Fiscal     94-350
     Year 1977 (title II).......................................
    United States Information Agency Authorization for Fiscal     95-105
     Year 1978 (title II).......................................
    United States Information Agency Authorization Act, Fiscal    97-241
     Years 1982 and 1983 (title III)............................
    United States Information Agency Authorization Act, Fiscal    98-164
     Years 1984 and 1985 (title II).............................
    United States Information Agency Authorization Act, Fiscal    99-93
     Years 1986 and 1987 (title II).............................
    United States Information Agency Authorization Act, Fiscal    100-204
     Years 1988 and 1989 (title II).............................
    United States Information and Educational Exchange Act of     80-402
     1948.......................................................
    United States Institute for Peace Act (title XVII)..........  98-525
    United States International Broadcasting Act of 1994 (title   103-236
     III).......................................................
    United States-Bahrain Free Trade Agreement Implementation     109-169
     Act........................................................
    United States-Israel Free Trade Area Implementation Act of    99-47
     1985.......................................................
    United States-Japan Fishery Agreement Approval Act of 1987..  100-220
    United States-Jordan Free Trade Area Implementation Act.....  107-43
    United States-Korea Fishery Agreement.......................  100-66
    United States Leadership Against HIV/AIDS, Tuberculosis, and  108-25
     Malaria Act of 2003........................................
    United States-Macau Policy Act of 2000 (title II)...........  106-570
    United States-Morocco Free Trade Agreement Implementation     108-302
     Act........................................................
    United States Policy in Iraq Act (section 1227).............  109-163
    United States Policy Toward Haiti...........................  103-423
    United States Recognition and Participation in International  91-269
     Expositions................................................
    United States Scholarship Program for Developing Countries    99-93
     Authorization, Fiscal Years 1986 & 1987 (title VI).........
    Uniting and Strengthening America By Providing Appropriate    107-56
     Tools Required To Intercept and Obstruct Terrorism (USA
     PATRIOT ACT) Act of 2001...................................
    Urgent Assistance for Democracy in Panama Act of 1990.......  101-243
    Uruguay Rounds Agreements Act...............................  103-465
    U.S.-China Relations Act of 2000............................  106-286
    U.S. Holocaust Assets Commission Act of 1998................  105-186
    U.S. Participation in Certain International Organizations...  81-806
    U.S.-U.S.S.R. Fishing Agreement.............................  100-629
    Victims of Terrorism Compensation Act (title VIII)..........  99-399
    Victims of Trafficking and Violence Protection Act of 2000..  106-386
    Vietnam Education Foundation Act of 2000 (title II).........  106-554
    Visa for Officials of Taiwan................................  103-416
    War Powers Resolution.......................................  93-148
    Weapons of Mass Destruction Control Act of 1992 (title XV)..  102-484
    Western Hemisphere Drug Elimination Act (division C, title    105-277
     VIII)......................................................
    Western Hemisphere Drug Elimination Technical Corrections     106-35
     Act........................................................
    Whaling Convention Act of 1949..............................  81-676
    Wild Bird Conservation Act of 1992..........................  102-440
    Wine Equity and Export Expansion Act of 1984 (title IX).....  98-573
    Withdrawal of MFN From Serbia and Montenegro................  102-420
    Wool Suit and Textile Trade Extension Act of 2004 (title IV)  108-429
    World Food Day..............................................  103-108
    Yukon River Salmon Act of 1995 (title VII)..................  104-43
    Yukon River Salmon Act of 2000..............................  106-450
    Zimbabwe Democracy and Economic Recovery Act of 2001........  107-99
    ------------------------------------------------------------------------

                                USE OF THE INDEX

                                  ----------                              _

        The index is organized by subject matter only. Each subject
    entry also includes the legal citation indicating the document
    to which it refers. These legal citations were not chosen on
    the basis of standard legal citation form, but rather for the
    amount of information they provided and for convenience in
    producing a computer-printed index.
        Page references, wherever possible, indicate the exact page
    on which mention of the entry is made. Entries of a more
    general nature that refer to a large section or to an entire
    document are listed with the page on which the reference
    begins.
                                   I N D E X

                                  ----------                              _

                                        A

    Acid rain
      Canada's control program.........  PL 101-549 Sec 408....       663
    Act to Prevent Pollution from
     Ships. See Pollution from ships
    Admiral James W. Nance and Meg
     Donovan Foreign Relations
     Authorization Act, 2000-2001. See
     Continuation of Reports Terminated
     by the Federal Reports Elimination
     and Sunset Act of 1995
    Aeronautics. See National
     aeronautics and space acts
    Africa
      Sub-Saharan Africa
        Debt-for-nature exchanges pilot  PL 87-195 Sec 466.....       478
         program.
    African Elephant Conservation Act..  PL 100-478............       579
      Acceptance and use of donations..  PL 100-478 Sec 2102...       581
      Advisory group...................  PL 100-478 Sec 2104...       582
      Appropriations authorization.....  PL 100-478 Sec 2306...       587
      Assistance provision.............  PL 100-478 Sec 2101...       580
      Certification under Pelly          PL 100-478 Sec 2303...       586
       Amendment.
      Definitions......................  PL 100-478 Sec 2305...       586
      Enforcement......................  PL 100-478 Sec 2204...       585
      Findings.........................  PL 100-478 Sec 2003...       579
      Moratoria........................  PL 100-478 Sec 2202...       583
      Penalties........................  PL 100-478 Sec 2204...       585
      Program review...................  PL 100-478 Sec 2201...       582
      Prohibited acts..................  PL 100-478 Sec 2203...       585
      Relationship to Endangered         PL 100-478 Sec 2302...       586
       Species Act of 1973.
      Reports..........................  PL 100-478 Sec 2103...       582
      Rewards..........................  PL 100-478 Sec 2205...       586
      Statement of policy..............  PL 100-478 Sec 2004...       580
      Statement of purpose.............  PL 100-478 Sec 2002...       579
    Agency for International
     Development
      Inspector General Act of 1978      PL 95-452 Sec 8A......      1263
       provisions.
    Agents of foreign governments......  18 USC Sec 951........      1178
    Agents of foreign principals
      U.S. public officials and          18 USC Sec 219........      1176
       employees.
    Agricultural Trade Development and
     Assistance Act of 1954
      Secretary of State functions.....  EO 13345 Sec 2........       517
      Secretary of Treasury functions..  EO 13345 Sec 1........       516
    Agriculture
      Global climate change study......  PL 101-624 Sec 2403...       651
    Air pollution
      Clean Air Act Amendments
        Acid rain control program in     PL 101-549 Sec 408....       663
         Canada.
        Air quality monitoring and       PL 101-549 Sec 815....       665
         improvement along U.S.-Mexico
         border.
        Clean coal technologies, report  PL 101-549 Sec 409....       663
    Air pollution--Continued
      Clean Air Act Amendments--
       Continued
        Equivalent air quality controls  PL 101-549 Sec 811....       664
         among trading nations.
        Stratospheric ozone protection,  PL 101-549 Sec 617....       664
         international cooperation.
    Aircraft. See also Aviation
     security
      Cape Town Treaty Implementation
       Act of 2004
        Conveyances, leases and          PL 108-297 Sec 5......       746
         security instruments validity
         limitation.
        Definitions....................  PL 108-297 Sec 6......       746
        Findings.......................  PL 108-297 Sec 2......       744
        Preservation of prior rights...  PL 108-297 Sec 7......       746
        Purpose........................  PL 108-297 Sec 2(b)...       744
        Regulations....................  PL 108-297 Sec 4......       745
    Airports. See Aviation security
    Alaska
      Negotiations with Canada           PL 93-153 Sec 301.....       467
       concerning pipeline.
    Alaska National Interests Land
     Conservation Act
      Wildlife resources and impact of   PL 96-487 Sec 1005....       465
       oil spills in Arctic Ocean.
    American Business Centers
      Environmental and agribusiness     PL 102-511 Sec 301(b).       497
       centers.
      Establishment....................  PL 102-511 Sec 301(a).       497
      Funding..........................  PL 102-511 Sec 301(d).       498
      Policy guidance..................  PL 102-511 Sec 301(c).       498
    American Canal. See Rio Grande
     American Canal Extension Act of
     1990
    American Fisheries Promotion Act
      U.S. fishery trade officers......  PL 96-561 Sec 211.....       325
    American Red Cross
      Neutrality Act of 1939 provisions  Pub. Res. 76-54 Sec 4.      1181
    Anadromous stocks. See North
     Pacific Anadromous Stocks Act of
     1992
    Anglo-Irish Agreement Support Act
     of 1986
      International organizations and    PL 99-415 Sec 7.......       834
       conferences funding.
    Antarctic Conservation Act of 1978.  PL 95-541.............       628
      Civil penalties..................  PL 95-541 Sec 8.......       639
      Criminal offenses................  PL 95-541 Sec 9.......       639
      Definitions......................  PL 95-541 Sec 3.......       629
      Enforcement......................  PL 95-541 Sec 10......       639
      Environmental impact assessment..  PL 95-541 Sec 4A......       632
      Federal agency cooperation.......  PL 95-541 Sec 12......       642
      Findings.........................  PL 95-541 Sec 2(a)....       628
      Jurisdiction of courts...........  PL 95-541 Sec 11......       642
      Notification of travel to          PL 95-541 Sec 7.......       638
       Antarctica.
      Permits..........................  PL 95-541 Sec 5.......       634
      Prohibited acts..................  PL 95-541 Sec 4.......       631
      Purpose..........................  PL 95-541 Sec 2(b)....       628
      Regulations......................  PL 95-541 Sec 6.......       638
      Relationship to existing treaties  PL 95-541 Sec 13......       642
      Saving provisions................  PL 95-541 Sec 14......       642
    Antarctic Marine Living Resources    PL 98-623.............       314
     Convention Act of 1984.
      Appropriations authorization.....  PL 98-623 Sec 314.....       324
      Civil penalties..................  PL 98-623 Sec 308.....       318
      Conservation measures............  PL 98-623 Sec 305(a)..       317
      Criminal offenses................  PL 98-623 Sec 309.....       319
      Definitions......................  PL 98-623 Sec 303.....       315
      Enforcement......................  PL 98-623 Sec 310.....       320
      Federal agency cooperation.......  PL 98-623 Sec 312.....       322
      Findings.........................  PL 98-623 Sec 302(a)..       314
      Jurisdiction of courts...........  PL 98-623 Sec 311.....       322
    Antarctic Marine Living Resources
     Convention Act of 1984--Continued
      Purpose..........................  PL 98-623 Sec 302(b)..       315
      Regulations......................  PL 98-623 Sec 307.....       318
      Relationship to existing treaties  PL 98-623 Sec 313.....       323
       and statutes.
      Representatives..................  PL 98-623 Sec 304.....       316
      Severability.....................  PL 98-623 Sec 315.....       324
      System of observation and          PL 98-623 Sec 305(b)..       317
       inspection.
      Unlawful activities..............  PL 98-623 Sec 306.....       317
    Antarctic Protection Act of 1990...  PL 101-594............       646
      Definitions......................  PL 101-594 Sec 3......       647
      Enforcement......................  PL 101-594 Sec 5......       648
      Findings.........................  PL 101-594 Sec 2(a)...       646
      Prohibition of mineral resource    PL 101-594 Sec 4......       648
       activities.
      Purpose..........................  PL 101-594 Sec 2(b)...       647
    Antarctic Protocol. See Pollution
     from ships
    Antarctic Science, Tourism, and
     Conservation Act of 1996
      Polar research and policy study..  PL 104-227 Sec 301....       643
    Antarctica Protection as a Global    PL 101-620............       644
     Ecological Commons
    Apes. See Great Ape Conservation
     Act of 2000
    Arctic Ocean
      Impact of potential oil spills...  PL 96-487 Sec 1005....       465
    Arctic Research and Policy Act of    PL 98-373.............       809
     1984.
      Appropriations authorization.....  PL 98-373 Sec 111.....       816
      Arctic Research Commission
        Administration.................  PL 98-373 Sec 106.....       813
        Cooperation with...............  PL 98-373 Sec 105.....       813
        Duties.........................  PL 98-373 Sec 104.....       812
        Establishment..................  PL 98-373 Sec 103.....       811
        Lead agency....................  PL 98-373 Sec 107(a)..       814
      Definition.......................  PL 98-373 Sec 112.....       817
      Findings.........................  PL 98-373 Sec 102(a)..       809
      Interagency Arctic Research
       Policy Committee
        Composition....................  PL 98-373 Sec 107(b)..       814
        Coordination and review of       PL 98-373 Sec 110.....       816
         budget requests.
        Duties.........................  PL 98-373 Sec 108.....       814
        5-Year Arctic Research Plan....  PL 98-373 Sec 109.....       815
      Purposes.........................  PL 98-373 Sec 102(b)..       810
    Arctic Research Commission           EO 12501..............       818
      Administration...................  EO 12501 Sec 6........       819
      Establishment....................  EO 12501 Sec 1........       818
      Functions........................  EO 12501 Sec 4........       818
      Interagency Arctic Research
       Policy Committee
        Administration.................  EO 12501 Sec 11.......       821
        Establishment..................  EO 12501 Sec 7........       819
        Functions......................  EO 12501 Sec 9........       820
        Membership.....................  EO 12501 Sec 8........       820
        Public participation...........  EO 12501 Sec 10.......       821
      Meetings.........................  EO 12501 Sec 3........       818
      Membership.......................  EO 12501 Sec 2........       818
      Responsibilities of Federal        EO 12501 Sec 5........       819
       agencies.
    Arctic Tundra Habitat Emergency      PL 106-108............       806
     Conservation Act.
      Comprehensive management plan....  PL 106-108 Sec 4......       807
      Definitions......................  PL 106-108 Sec 5......       808
      Findings.........................  PL 106-108 Sec 2(a)...       806
      Force and effect of rules to       PL 106-108 Sec 3......       807
       control mid-continent light
       geese populations.
      Purposes.........................  PL 106-108 Sec 2(b)...       807
    Armed vessel of a foreign nation,    18 USC Sec 961........      1189
     strengthening
    Arming vessel against friendly       18 USC Sec 962........      1188
     nation.
    Artificial reefs. See Antarctic
     Marine Living Resources Convention
     Act of 1984
    Asia
      U.S.-Asia Environmental
       Partnership
        Innovative clean coal            PL 102-486 Sec 1332(i)       417
         technology transfer program.
        Innovative environmental         PL 102-486 Sec 1608(j)       427
         technology transfer program.
        Renewable energy technology      PL 102-486 Sec 1211(i)       407
         transfer program.
    Asian Elephant Conservation Act of   PL 105-96.............       545
     1997.
      Acceptance and use of donations..  PL 105-96 Sec 6.......       548
      Advisory group...................  PL 105-96 Sec 7.......       548
      Appropriations authorization.....  PL 105-96 Sec 8.......       549
      Asian elephant conservation        PL 105-96 Sec 5.......       546
       assistance.
      Definitions......................  PL 105-96 Sec 4.......       546
      Findings.........................  PL 105-96 Sec 2.......       545
      Purposes.........................  PL 105-96 Sec 3.......       546
    Asian/Pacific American Heritage
     Month
      Designation and proclamations....  PL 105-225 Sec 102....      1328
    ATDA Act. See Agricultural Trade
     Development and Assistance Act of
     1954
    Atlantic herring
      Transshipment agreements.........  PL 104-297 Sec 105(e).        61
    Atlantic Salmon Convention Act of    PL 97-389.............       306
     1982.
      Cooperation with other agencies..  PL 97-389 Sec 306.....       308
      Definitions......................  PL 97-389 Sec 302.....       306
      Enforcement......................  PL 97-389 Sec 308.....       309
      Secretary of Commerce authority..  PL 97-389 Sec 305.....       307
      Secretary of State authority.....  PL 97-389 Sec 304.....       307
      U.S. representation..............  PL 97-389 Sec 303.....       306
      Violations.......................  PL 97-389 Sec 307.....       308
    Atlantic Tunas Convention Act of     PL 96-339.............       190
     1975, appropriation authorization.
      Atlantic highly migratory species  PL 96-339 Sec 3.......       192
       research.
      Observer program.................  PL 96-339 Sec 2.......       190
    Atlantic Tunas Convention Act of     PL 94-70..............       194
     1975.
      Administration...................  PL 94-70 Sec 6........       199
      Advisory committee...............  PL 94-70 Sec 4........       196
      Application to related laws......  PL 94-70 Sec 7(g).....       205
      Appropriations authorization.....  PL 94-70 Sec 10.......       207
      Commissioners....................  PL 94-70 Sec 3........       195
      Cooperation......................  PL 94-70 Sec 9........       206
      Definitions......................  PL 94-70 Sec 2........       194
      Enforcement......................  PL 94-70 Sec 8........       205
      Fines and forfeitures............  PL 94-70 Sec 7........       204
      Report...........................  PL 94-70 Sec 11.......       207
      Savings clause...................  PL 94-70 Sec 12.......       208
      Secretary of State authority.....  PL 94-70 Sec 5........       198
      Separability.....................  PL 94-70 Sec 13.......       208
      Species working groups...........  PL 94-70 Sec 4A.......       198
      Violations.......................  PL 94-70 Sec 7........       204
    Atlantic Tunas Convention            PL 104-43.............       226
     Authorization Act of 1995.
      Atlantic yellowfin tuna            PL 104-43 Sec 309.....       227
       management.
      Bluefin tuna regulations study...  PL 104-43 Sec 310.....       227
      International Commission for the   PL 104-43 Sec 311.....       228
       Conservation of Atlantic Tunas
       negotiations, sense of Congress.
      Report...........................  PL 104-43 Sec 302(a)..       226
    Aviation security..................  49 USC................       685
      Agreements on sabotage, hijacking  49 USC Sec 44910......       704
       and airport security.
      Air transportation security......  49 USC Sec 44903......       691
    Aviation security--Continued
      Aircraft training................  49 USC Sec 44939......       735
      Airport construction guidelines..  49 USC Sec 44914......       709
      Airport security improvement       49 USC Sec 44923......       721
       projects.
      Assessments and evaluations......  49 USC Sec 44916......       710
      Crew training....................  49 USC Sec 44918......       711
      Deployment of Federal air          49 USC Sec 44917......       710
       marshals.
      Deputation of State and local law  49 USC Sec 44922......       720
       enforcement officers.
      Domestic air transportation        49 USC Sec 44904......       698
       system security.
      Emergency powers.................  49 USC Sec 40106......       686
      Employment investigations and      49 USC Sec 44936......       730
       restrictions.
      Employment standards and training  49 USC Sec 44935......       725
      Exemptions.......................  49 USC Sec 44915......       709
      Explosive detection..............  49 USC Sec 44913......       708
      Federal flight deck officer        49 USC Sec 44921......       716
       program.
      Federal Security Managers........  49 USC Sec 44933......       724
      Foreign air carrier security       49 USC Sec 44906......       700
       programs.
      Foreign Security Liaison Officers  49 USC Sec 44934......       725
      Immunity for reporting suspicious  49 USC Sec 44941......       740
       activities.
      Information about threats to       49 USC Sec 44905......       699
       civil aviation.
      Intelligence.....................  49 USC Sec 44911......       705
      International negotiations,        49 USC Sec 40105......       685
       agreements and obligations.
      International Security and
       Development Cooperation Act of
       1985
        Airport security techniques for  PL 99-83 Sec 557......       756
         detecting explosives.
        Foreign air transportation       PL 99-83 Sec 551......       755
         security standards.
        Hijacking TWA Flight 847 and     PL 99-83 Sec 558......       756
         other acts of terrorism, sense
         of Congress.
        International civil aviation     PL 99-83 Sec 555......       756
         boycott of countries
         supporting terrorism.
        International Civil Aviation     PL 99-83 Sec 554......       755
         Organization standards
         enforcement.
      Passenger manifests..............  49 USC Sec 44909......       703
      Performance goals and objectives.  49 USC Sec 44942......       740
      Performance management system....  49 USC Sec 44943......       741
      Presidential transfers...........  49 USC Sec 40107......       687
      Prohibition on transferring        49 USC Sec 44937......       734
       duties and powers.
      Refusal to transport passengers    49 USC Sec 44902......       690
       and property.
      Repair station security..........  49 USC Sec 44924......       723
      Reports..........................  49 USC Sec 44938......       734
      Research and development.........  49 USC Sec 44912......       705
      Screening passengers and property  49 USC Sec 44901......       687
      Security screening opt-out         49 USC Sec 44920......       714
       program.
      Security screening pilot program.  49 USC Sec 44919......       713
      Security service fee.............  49 USC Sec 44940......       737
      Security standards at foreign      49 USC Sec 44907......       700
       airports.
      Travel advisory and suspension of  49 USC Sec 44908......       702
       foreign assistance.
      Voluntary provision of emergency   49 USC Sec 44944......       742
       services.
    Aviation Security Improvement Act    PL 101-604............       748
     of 1990.
      Findings.........................  PL 101-604 Sec 2......       748
      Terrorism affecting Americans
       abroad
        Antiterrorism assistance.......  PL 101-604 Sec 213....       753
        Antiterrorism measures.........  PL 101-604 Sec 214....       753
    Aviation Security Improvement Act
     of 1990--Continued
      Terrorism affecting Americans
       abroad--Continued
        Compensation for victims of      PL 101-604 Sec 211....       752
         terrorism.
        Coordinator for                  PL 101-604 Sec 202....       750
         Counterterrorism.
        Disaster training for State      PL 101-604 Sec 206....       750
         Department personnel.
        International Civil Aviation     PL 101-604 Sec 215....       754
         Organization consideration of
         proposal.
        International negotiations.....  PL 101-604 Sec 201....       749
        Lockerbie experience assessment  PL 101-604 Sec 209....       752
        Overseas security electronic     PL 101-604 Sec 212....       753
         bulletin board.
        Recovery and disposition of      PL 101-604 Sec 208....       751
         remains and personal effects.
        State Department family liaison  PL 101-604 Sec 205....       750
         and toll-free family
         communications system.
        State Department notification    PL 101-604 Sec 204....       750
         of families of victims.
        State Department recognition...  PL 101-604 Sec 210....       752
        State Department                 PL 101-604 Sec 207....       751
         responsibilities and
         procedures at disaster site.

                                        B

    Baumel, Zachary....................  PL 106-89.............      1313
      Actions with respect to missing    PL 106-89 Sec 2.......      1313
       soldiers.
      Findings.........................  PL 106-89 Sec 1.......      1313
      Reports by Secretary of State....  PL 106-89 Sec 3.......      1314
    Beirut International Airport
      Closing of.......................  PL 99-83 Sec 551......       755
    Biological diversity
      International cooperation to
       protect biological diversity
        Report.........................  PL 100-530 Sec 2......       578
        Statement of policies..........  PL 100-530 Sec 1......       578
    Biomass
      Energy demonstration projects....  PL 101-624 Sec 2410...       653
      Interagency cooperation to         PL 101-624 Sec 2411...       654
       maximize growth.
    Biomedical research
      Space program
        Appropriations authorization...  PL 102-588 Sec 608....       771
        Emergency medical service        PL 102-588 Sec 607....       770
         telemedicine capability.
        Findings.......................  PL 102-588 Sec 601....       770
    Birds. See Migratory Birds; Wild
     Exotic Bird Conservation Act of
     1992
    Boren National Security Education
     Act of 1991. See David L. Boren
     National Security Education Act of
     1991.
    Bretton Woods Agreements Act
      Fund policy changes..............  PL 79-171 Sec 59......       604
      Impact of Fund programs on the     PL 79-171 Sec 55......       604
       poor and the environment.
    British-American Interparliamentary
     Group
      Appointment of members...........  PL 102-138 Sec 168(b).       838
      Certification of expenditures....  PL 102-138 Sec 168(e).       839
      Chair and Vice Chair.............  PL 102-138 Sec 168(c).       838
      Establishment....................  PL 102-138 Sec 168(a).       838
      Funding..........................  PL 102-138 Sec 168(d).       839
      Meetings.........................  PL 102-138 Sec 168(a).       838
      Report...........................  PL 102-138 Sec 168(f).       839
    Bulgaria
      International claims settlement
        Appropriations authorization...  PL 81-455 Sec 315.....       878
        Certification..................  PL 81-455 Sec 203.....       860
                                         PL 81-455 Sec 308.....       875
        Claims.........................  PL 81-455 Sec 311.....       877
          Amounts......................  PL 81-455 Sec 307.....       875
          Claimants....................  PL 81-455 Sec 207.....       861
          Foreign governments..........  PL 81-455 Sec 313.....       878
          Funds........................  PL 81-455 Sec 309.....       875
          Validity.....................  PL 81-455 Sec 303.....       872
        Definitions....................  PL 81-455 Sec 201.....       859
                                         PL 81-455 Sec 301.....       870
        Designated officer or agency...  PL 81-455 Sec 209.....       867
        Finality of Commission actions.  PL 81-455 Sec 314.....       878
        Funds creation.................  PL 81-455 Sec 302.....       871
        Jurisdiction...................  PL 81-455 Sec 206.....       861
        Liability......................  PL 81-455 Sec 205.....       861
        Liens..........................  PL 81-455 Sec 214.....       869
        Liquidation....................  PL 81-455 Sec 213.....       868
        Payments.......................  PL 81-455 Sec 208.....       863
                                         PL 81-455 Sec 306.....       874
                                         PL 81-455 Sec 310.....       875
                                         PL 81-455 Sec 317.....       878
        Recording conveyances..........  PL 81-455 Sec 204.....       861
        Returns........................  PL 81-455 Sec 211.....       867
        Settlement period..............  PL 81-455 Sec 316.....       878
        Suits..........................  PL 81-455 Sec 211.....       867
        Trading With the Enemy Act       PL 81-455 Sec 216.....       869
         provisions.
        Vested property................  PL 81-455 Sec 202.....       859
        Vesting officers or agencies...  PL 81-455 Sec 211.....       867
        Violations.....................  PL 81-455 Sec 215.....       869
                                         PL 81-455 Sec 312.....       878
    Business Centers. See American
     Business Centers
    Buy America
      Innovative clean coal technology   PL 102-486 Sec 1332(j)       417
       transfer program.
      Innovative environmental           PL 102-486 Sec 1608(k)       427
       technology transfer program.
      Renewable energy technology        PL 102-486 Sec 1211(j)       407
       transfer program.

                                        C

    Canada
      Acid rain control program........  PL 101-549 Sec 408....       663
      Alaska pipeline negotiations.....  PL 93-153 Sec 301.....       467
      Deepwater port negotiations......  PL 93-627 Sec 22......       150
      Northern Boundary and              PL 106-113 Sec 623....       310
       Transboundary Rivers Restoration
       and Enhancement Fund.
      Oil spill cooperation with the
       United States
        Great Lakes....................  PL 101-380 Sec 3002...       126
        Lake Champlain.................  PL 101-380 Sec 3003...       127
      Puget Sound negotiations           PL 101-380 Sec 3005...       127
       concerning tug escorts.
      Reciprocal fisheries agreement     PL 95-6 Sec 5.........        70
       with the United States.
      Southern Boundary Restoration and  PL 106-113 Sec 623....       310
       Enhancement Fund.
    Canada-United States                 PL 86-42..............       843
     Interparliamentary Group.
      Appropriations authorization.....  PL 86-42 Sec 2........       844
      Certification of expenditures....  PL 86-42 Sec 4........       844
    Canada-United States
     Interparliamentary Group--
     Continued
      Report...........................  PL 86-42 Sec 3........       844
    Cape Town Treaty Implementation Act  PL 108-297............       744
     of 2004.
      Conveyances, leases and security   PL 108-297 Sec 5......       746
       instruments validity limitation.
      Definitions......................  PL 108-297 Sec 6......       746
      Findings.........................  PL 108-297 Sec 2(a)...       744
      Preservation of prior rights.....  PL 108-297 Sec 7......       746
      Purpose..........................  PL 108-297 Sec 2(b)...       744
      Regulations......................  PL 108-297 Sec 4......       745
    Captive Nations Week...............  PL 86-90..............      1326
    Central Bering Sea Fisheries         PL 102-582 Sec 302....       272
     Enforcement Act of 1992.
      Definitions......................  PL 102-582 Sec 306....       274
      Duration of restrictions.........  PL 102-582 Sec 304....       273
      Exclusive economic zone fishing    PL 102-582 Sec 305....       273
       restriction.
      Port privileges denial...........  PL 102-582 Sec 303....       272
      Prohibition applicable to U.S.     PL 102-582 Sec 302....       272
       vessels and nationals.
      Termination......................  PL 102-582 Sec 307....       275
    Chinese Communist regime
      International claims settlement
        Definitions....................  PL 81-455 Sec 502.....       885
        Purpose........................  PL 81-455 Sec 501.....       885
    Civil government for the Trust       PL 83-451.............       918
     Territory of the Pacific Islands.
      Appropriations authorization.....  PL 83-451 Sec 2.......       919
                                         PL 83-451 Sec 3.......       920
      Authorities......................  PL 83-451 Sec 4.......       920
    Claims settlements. See also
     Bulgaria
      Czechoslovakian Claims Settlement  PL 97-127.............       903
       Act of 1981.
        Agreement approval.............  PL 97-127 Sec 2.......       903
        Agreement implementation.......  PL 97-127 Sec 10......       908
        Awards payment.................  PL 97-127 Sec 8.......       906
        Definitions....................  PL 97-127 Sec 3.......       903
        Determination of claims........  PL 97-127 Sec 5.......       904
        Findings.......................  PL 97-127 Sec 6.......       905
        The Fund.......................  PL 97-127 Sec 4.......       904
        Funds investment...............  PL 97-127 Sec 9.......       907
        Procedures.....................  PL 97-127 Sec 7.......       906
        Social security agreement......  PL 97-127 Sec 11......       908
      International Claims Settlement    PL 81-455.............       848
       Act of 1949.
        Action of Commission with        PL 81-455 Sec 507.....       888
         respect to claims.
        Application of other laws......  PL 81-455 Sec 509.....       888
        Appropriations authorization...  PL 81-455 Sec 9.......       859
                                         PL 81-455 Sec 511.....       888
        Authorities....................  PL 81-455 Sec 3.......       849
        Certification..................  PL 81-455 Sec 5.......       854
        Claims against Bulgaria,         PL 81-455 Title III...       870
         Hungary, Rumania, Italy and
         the Soviet Union.
        Claims against Cuba and the      PL 81-455 Title V.....       885
         Chinese Communist regime.
        Claims against Czechoslovakia..  PL 81-455 Title IV....       879
        Claims against the German        PL 81-455 Title VI....       890
         Democratic Republic.
        Claims against Vietnam.........  PL 81-455 Title VII...       895
        Corporate claims...............  PL 81-455 Sec 505.....       887
        Definitions....................  PL 81-455 Sec 2.......       848
        Fees for services..............  PL 81-455 Sec 512.....       889
        Foreign Claims Settlement        PL 81-455 Sec 515.....       889
         Commission certification
         procedure.
    Claims settlements--Continued
      International Claims Settlement
       Act of 1949--Continued
        Jurisdiction...................  PL 81-455 Sec 4.......       850
        Offsets........................  PL 81-455 Sec 506.....       888
        Ownership of claims............  PL 81-455 Sec 504.....       886
        Ownership of claims              PL 81-455 Sec 514.....       889
         determination.
        Payments.......................  PL 81-455 Sec 7.......       854
        Receipt of claims..............  PL 81-455 Sec 503.....       886
        Separability...................  PL 81-455 Sec 513.....       889
        Settlement period..............  PL 81-455 Sec 510.....       888
        Transfer of records............  PL 81-455 Sec 508.....       888
        Vesting and liquidation of       PL 81-455 Title II....       859
         Bulgarian, Hungarian and
         Rumanian property.
        Yugoslav Claims Agreement......  PL 81-455 Sec 6.......       854
        Yugoslav Claims Fund...........  PL 81-455 Sec 8.......       856
      Iran claims settlement...........  PL 99-93..............       900
        Bloc settlement................  PL 99-93 Sec 503......       901
        Confidentiality of records.....  PL 99-93 Sec 505......       901
        Deductions from arbitral awards  PL 99-93 Sec 502......       901
        Receipt and determination of     PL 99-93 Sec 501......       900
         claims.
        Reimbursement to the Federal     PL 99-93 Sec 504......       901
         Reserve Bank of New York.
      Micronesian Claims Act of 1971...  PL 92-39..............       910
        Appropriations authorization...  PL 92-39 Sec 102......       911
                                         PL 92-39 Sec 105......       914
                                         PL 92-39 Sec 202......       915
        Commission authority...........  PL 92-39 Sec 104......       913
                                         PL 92-39 Sec 201......       915
        Micronesian Claims Commission    PL 92-39 Sec 103......       912
         establishment.
        Payments.......................  PL 92-39 Sec 106......       914
        Purpose........................  PL 92-39 Sec 101......       911
        Remaining funds................  PL 92-39 Sec 203......       915
      Ryukyu Claims Settlement Act.....  PL 89-296.............       924
        Appropriations authorization...  PL 89-296 Sec 2.......       925
        Payment amounts................  PL 89-296 Sec 3.......       925
    Classified materials
      Limitation on State Department     PL 106-567 Sec 309....      1212
       handling, retention and storage
       of.
      State Department, protection of,   PL 107-306 Sec 832....      1214
       policies and procedures.
    Clean Air Act Amendments...........  PL 101-549............       663
      Acid rain control program in       PL 101-549 Sec 408....       663
       Canada.
      Air quality monitoring and         PL 101-549 Sec 815....       665
       improvement along U.S.-Mexico
       border.
      Clean coal technologies, report..  PL 101-549 Sec 409....       663
      Equivalent air quality controls    PL 101-549 Sec 811....       664
       among trading nations.
      Stratospheric ozone protection,    PL 101-549 Sec 617....       664
       international cooperation.
    Climate change
      Conforming amendment.............  PL 102-486 Sec 1607...       423
      Director of Climate Protection...  PL 102-486 Sec 1603...       421
      Global Change Research Act of
       1990
        Budget coordination............  PL 101-606 Sec 105....       660
        Committee on Earth and           PL 101-606 Sec 102....       656
         Environmental Sciences.
        Definitions....................  PL 101-606 Sec 2......       655
        Findings.......................  PL 101-606 Sec 101(a).       656
        National Global Change Research  PL 101-606 Sec 104....       658
         Plan.
        Purpose........................  PL 101-606 Sec 101(b).       656
        Relation to other authorities..  PL 101-606 Sec 108....       661
        Report.........................  PL 101-606 Sec 107....       661
        Scientific assessment..........  PL 101-606 Sec 106....       660
    Climate change--Continued
      Global Change Research Act of
       1990--Continued
        United States Global Change      PL 101-606 Sec 103....       658
         Research Program.
      Global Climate Change Prevention
       Act of 1990
        Agriculture and forestry study.  PL 101-624 Sec 2403...       651
        Appropriations authorization...  PL 101-624 Sec 2412...       654
        Biomass energy demonstration     PL 101-624 Sec 2410...       653
         projects.
        Global Climate Change Program..  PL 101-624 Sec 2402...       650
        Institutes of Tropical Forestry  PL 101-624 Sec 2407...       653
        Interagency cooperation to       PL 101-624 Sec 2411...       654
         maximize biomass growth.
        Line item......................  PL 101-624 Sec 2406...       653
        Office of International          PL 101-624 Sec 2405...       652
         Forestry.
        Urban forestry demonstration     PL 101-624 Sec 2409...       653
         projects.
      Global Climate Change Response     PL 102-486 Sec 1609...       427
       Fund.
      Global warming
        Energy assistance..............  PL 101-167 Sec 534(b).       493
        Export-Import Bank.............  PL 101-167 Sec 534(d).       496
        Foreign Operations, Export       PL 101-513 Sec 533....       487
         Financing, and Related
         Programs Appropriations Act,
         1991.
        Reports and authorities........  PL 101-167 Sec 534(c).       495
        Tropical forestry assistance...  PL 101-167 Sec 534(a).       493
      Greenhouse gases
        Alternative policy mechanisms    PL 102-486 Sec 1604...       421
         for emissions.
        Intensity reducing strategies..  PL 102-486 Sec 1610...       428
        National inventory.............  PL 102-486 Sec 1605(a)       422
        Voluntary reporting............  PL 102-486 Sec 1605(b)       422
      Innovative environmental           PL 102-486 Sec 1608...       423
       technology transfer program.
      International Cooperation in
       Global Change Research Act of
       1990
        Findings.......................  PL 101-606 Sec 202(a).       572
        Global Change Research           PL 101-606 Sec 204....       574
         Information Office.
        International discussions......  PL 101-606 Sec 203....       573
        Purposes.......................  PL 101-606 Sec 202(b).       572
      Least-cost energy strategy.......  PL 102-486 Sec 1602...       419
      Report...........................  PL 102-486 Sec 1601...       418
    Climate protection
      Global Climate Protection Act of
       1987
        Findings.......................  PL 100-204 Sec 1102...       674
        International Year of Global     PL 100-204 Sec 1105...       676
         Climate Protection.
        Mandate for action.............  PL 100-204 Sec 1103...       675
        Report.........................  PL 100-204 Sec 1104...       675
        U.S. relations with the          PL 100-204 Sec 1106...       676
         independent states of the
         former Soviet Union.
    Coal
      Appropriations authorization.....  PL 102-486 Sec 1341...       418
      Clean coal technologies..........  PL 101-549 Sec 409....       663
      Clean technology export promotion  PL 102-486 Sec 1331...       410
      Conventional technology transfer.  PL 102-486 Sec 1333...       417
      Exports..........................  PL 102-486 Sec 1338...       418
      Innovative clean technology        PL 102-486 Sec 1332...       413
       transfer program.
      Interagency coordination.........  PL 102-486 Sec 1331...       410
    Commerce, Department of
      National security emergency
       preparedness responsibilities
        Lead responsibilities..........  EO 12656 Sec 401......      1280
        Support responsibilities.......  EO 12656 Sec 402......      1281
    Commerce, Department of--Continued
      Reports eliminated...............  PL 104-66 Sec 1021....      1218
    Commercial Space Act of 1998.......  PL 105-303............       784
      Commercial Space Centers           PL 105-303 Sec 106....       788
       administration.
      Commercialization of space         PL 105-303 Sec 101....       785
       station.
      Definitions......................  PL 105-303 Sec 2......       784
      Earth science data sources.......  PL 105-303 Sec 107....       788
      Excess intercontinental ballistic  PL 105-303 Sec 205....       790
       missile use.
      Global positioning system          PL 105-303 Sec 104....       787
       standards promotion.
      National launch capability study.  PL 105-303 Sec 206....       792
      Shuttle privatization............  PL 105-303 Sec 204....       790
      Space science data acquisition...  PL 105-303 Sec 105....       787
      Space transportation services
        Acquisition....................  PL 105-303 Sec 202....       790
        Procurement....................  PL 105-303 Sec 201....       789
    Commission on the Ukraine Famine     PL 99-180.............      1288
     Act.
      Administrative provisions........  PL 99-180 Sec 5.......      1290
      Appropriations authorization.....  PL 99-180 Sec 8.......      1291
      Duties...........................  PL 99-180 Sec 3.......      1289
      Establishment....................  PL 99-180 Sec 1.......      1288
      Membership.......................  PL 99-180 Sec 4.......      1289
      Powers...........................  PL 99-180 Sec 6.......      1290
      Purpose..........................  PL 99-180 Sec 2.......      1288
      Termination......................  PL 99-180 Sec 7.......      1291
    Compact of Free Association Act of   PL 99-239.............      1047
     1985.
      United States-Federated States of
       Micronesia Compact
        Administrative matters.........  PL 99-239 Sec 304.....      1081
        Agreements.....................  PL 99-239 Sec 102.....      1050
        Approval.......................  PL 99-239 Sec 101.....      1048
        Audit agreements implementation  PL 99-239 Sec 110.....      1077
        Compensatory adjustments.......  PL 99-239 Sec 111.....      1077
        Conference.....................  PL 99-239 Sec 303.....      1081
        Construction contract            PL 99-239 Sec 106.....      1075
         assistance.
        Findings.......................  PL 99-239 Sec 301.....      1080
        Interpretation and policy......  PL 99-239 Sec 104.....      1065
        Jurisdiction...................  PL 99-239 Sec 202.....      1079
        Limitations....................  PL 99-239 Sec 107.....      1076
        Payment timing.................  PL 99-239 Sec 109.....      1077
        Reports........................  PL 99-239 Sec 302.....      1080
        Supplemental provisions........  PL 99-239 Sec 105.....      1069
        Tax provisions.................  PL 99-239 Sec 405.....      1081
                                         PL 99-239 Sec 407.....      1082
        Transitional immigration rules.  PL 99-239 Sec 108.....      1077
      United States-Republic of the
       Marshall Islands Compact
        Administrative matters.........  PL 99-239 Sec 304.....      1081
        Agreements.....................  PL 99-239 Sec 103.....      1054
        Approval.......................  PL 99-239 Sec 101.....      1048
        Audit agreements implementation  PL 99-239 Sec 110.....      1077
        Compensatory adjustments.......  PL 99-239 Sec 111.....      1077
        Conference.....................  PL 99-239 Sec 303.....      1081
        Construction contract            PL 99-239 Sec 106.....      1075
         assistance.
        Findings.......................  PL 99-239 Sec 301.....      1080
        Interpretation and policy......  PL 99-239 Sec 104.....      1065
        Jurisdiction...................  PL 99-239 Sec 202.....      1079
        Limitations....................  PL 99-239 Sec 107.....      1076
        Payment timing.................  PL 99-239 Sec 109.....      1077
        Reports........................  PL 99-239 Sec 302.....      1080
        Supplemental provisions........  PL 99-239 Sec 105.....      1069
        Tax provisions.................  PL 99-239 Sec 405.....      1081
                                         PL 99-239 Sec 407.....      1082
        Transitional immigration rules.  PL 99-239 Sec 108.....      1077
    Compact of Free Association          PL 108-188............       926
     Amendments Act of 2003.
    Compact of Free Association
     Amendments Act of 2003--Continued
      United States-Federated States of
       Micronesia Compact
        Accountability.................  PL 108-188 Sec 212....       982
        Administrative provisions......  PL 108-188 Sec 231....       987
                                         PL 108-188 Sec 232....       987
                                         PL 108-188 Sec 233....       987
                                         PL 108-188 Sec 234....       987
        Agreement acceptance...........  PL 108-188 Sec 471....      1004
        Agreements.....................  PL 108-188 Sec 102....       932
        Appropriations authorization...  PL 108-188 Sec 109....       964
        Approval.......................  PL 108-188 Sec 101....       929
                                         PL 108-188 Sec 411....       996
        Authorities and responsibility.  PL 108-188 Sec 352....       994
        Communications.................  PL 108-188 Sec 131....       968
                                         PL 108-188 Sec 132....       968
        Compensatory adjustments.......  PL 108-188 Sec 108....       963
        Conference and dispute           PL 108-188 Sec 421....       996
         resolution.
                                         PL 108-188 Sec 422....       996
                                         PL 108-188 Sec 423....       996
                                         PL 108-188 Sec 424....       996
        Construction contract            PL 108-188 Sec 106....       962
         assistance.
        Defense facilities and           PL 108-188 Sec 321....       992
         operating rights.
                                         PL 108-188 Sec 322....       993
                                         PL 108-188 Sec 323....       993
        Defense treaties and             PL 108-188 Sec 331....       993
         international security
         agreements.
        Definition of terms............  PL 108-188 Sec 461....      1001
                                         PL 108-188 Sec 462....      1002
                                         PL 108-188 Sec 463....      1003
        Environmental protection.......  PL 108-188 Sec 161....       973
                                         PL 108-188 Sec 162....       975
                                         PL 108-188 Sec 163....       975
        Finance and taxation...........  PL 108-188 Sec 251....       989
                                         PL 108-188 Sec 252....       989
                                         PL 108-188 Sec 253....       989
                                         PL 108-188 Sec 254....       989
                                         PL 108-188 Sec 255....       990
        Foreign affairs................  PL 108-188 Sec 121....       967
                                         PL 108-188 Sec 122....       967
                                         PL 108-188 Sec 123....       967
                                         PL 108-188 Sec 124....       967
                                         PL 108-188 Sec 125....       968
                                         PL 108-188 Sec 126....       968
                                         PL 108-188 Sec 127....       968
        Immigration....................  PL 108-188 Sec 141....       969
                                         PL 108-188 Sec 142....       972
                                         PL 108-188 Sec 143....       972
        Inflation adjustment...........  PL 108-188 Sec 217....       984
        Interpretation and policy......  PL 108-188 Sec 104....       944
        Joint Committee................  PL 108-188 Sec 351....       994
        Joint Economic Management        PL 108-188 Sec 213....       983
         Committee.
        Legal provisions...............  PL 108-188 Sec 171....       976
                                         PL 108-188 Sec 172....       976
                                         PL 108-188 Sec 173....       976
                                         PL 108-188 Sec 174....       977
                                         PL 108-188 Sec 175....       978
                                         PL 108-188 Sec 176....       978
                                         PL 108-188 Sec 177....       978
                                         PL 108-188 Sec 178....       979
                                         PL 108-188 Sec 179....       980
        Payment to citizens employed by  PL 108-188 Sec 110....       965
         the U.S. Government.
        Preamble.......................  PL 108-188 Sec 201....       965
        Prohibition....................  PL 108-188 Sec 107....       963
    Compact of Free Association
     Amendments Act of 2003--Continued
      United States-Federated States of
       Micronesia Compact--Continued
        Report.........................  PL 108-188 Sec 214....       983
        Representation.................  PL 108-188 Sec 151....       972
        Sector grants..................  PL 108-188 Sec 211....       980
                                         PL 108-188 Sec 216....       984
        Security and defense authority   PL 108-188 Sec 311....       990
         and responsibility.
                                         PL 108-188 Sec 312....       991
                                         PL 108-188 Sec 313....       991
                                         PL 108-188 Sec 314....       991
                                         PL 108-188 Sec 315....       992
                                         PL 108-188 Sec 316....       992
        Self-government................  PL 108-188 Sec 111....       966
        Service in Armed Forces of the   PL 108-188 Sec 341....       993
         United States.
                                         PL 108-188 Sec 342....       993
        Services and program assistance  PL 108-188 Sec 221....       985
                                         PL 108-188 Sec 222....       986
                                         PL 108-188 Sec 223....       986
                                         PL 108-188 Sec 224....       986
        Supplemental provisions........  PL 108-188 Sec 105....       951
        Survivability..................  PL 108-188 Sec 451....       998
                                         PL 108-188 Sec 452....       999
                                         PL 108-188 Sec 453....      1000
                                         PL 108-188 Sec 454....      1000
        Termination....................  PL 108-188 Sec 441....       998
                                         PL 108-188 Sec 442....       998
                                         PL 108-188 Sec 443....       998
        Threats to peace and security..  PL 108-188 Sec 353....       994
        Trade..........................  PL 108-188 Sec 241....       988
                                         PL 108-188 Sec 242....       988
                                         PL 108-188 Sec 243....       989
                                         PL 108-188 Sec 244....       989
        Trust Fund contributions.......  PL 108-188 Sec 215....       983
                                         PL 108-188 Sec 216....       984
      United States-Republic of the
       Marshall Islands Compact
        Accountability.................  PL 108-188 Sec 213....      1023
        Administrative provisions......  PL 108-188 Sec 231....      1028
                                         PL 108-188 Sec 232....      1028
                                         PL 108-188 Sec 233....      1028
                                         PL 108-188 Sec 234....      1028
        Agreement acceptance...........  PL 108-188 Sec 471....      1045
                                         PL 108-188 Sec 472....      1004
        Agreements.....................  PL 108-188 Sec 103....       934
                                         PL 108-188 Sec 354....      1036
        Appropriations authorization...  PL 108-188 Sec 109....       964
        Approval.......................  PL 108-188 Sec 101....       929
                                         PL 108-188 Sec 411....      1037
        Authorities and responsibility.  PL 108-188 Sec 352....      1036
        Carry-over of unused funds.....  PL 108-188 Sec 219....      1026
        Communications.................  PL 108-188 Sec 131....      1007
                                         PL 108-188 Sec 132....      1008
        Compensatory adjustments.......  PL 108-188 Sec 108....       963
        Conference and dispute           PL 108-188 Sec 421....      1038
         resolution.
                                         PL 108-188 Sec 422....      1038
                                         PL 108-188 Sec 423....      1038
                                         PL 108-188 Sec 424....      1038
        Construction contract            PL 108-188 Sec 106....       962
         assistance.
        Defense facilities and           PL 108-188 Sec 321....      1034
         operating rights.
    Compact of Free Association
     Amendments Act of 2003--Continued
      United States-Republic of the
       Marshall Islands Compact--
       Continued
        Defense facilities and
         operating rights--Continued
                                         PL 108-188 Sec 322....      1034
                                         PL 108-188 Sec 323....      1034
        Defense treaties and             PL 108-188 Sec 331....      1034
         international security
         agreements.
        Definition of terms............  PL 108-188 Sec 461....      1042
                                         PL 108-188 Sec 462....      1044
                                         PL 108-188 Sec 463....      1045
        Environmental protection.......  PL 108-188 Sec 161....      1012
                                         PL 108-188 Sec 162....      1014
                                         PL 108-188 Sec 163....      1015
        Finance and taxation...........  PL 108-188 Sec 251....      1030
                                         PL 108-188 Sec 252....      1030
                                         PL 108-188 Sec 253....      1031
                                         PL 108-188 Sec 254....      1031
                                         PL 108-188 Sec 255....      1031
        Foreign affairs................  PL 108-188 Sec 121....      1006
                                         PL 108-188 Sec 122....      1006
                                         PL 108-188 Sec 123....      1007
                                         PL 108-188 Sec 124....      1007
                                         PL 108-188 Sec 125....      1007
                                         PL 108-188 Sec 126....      1007
                                         PL 108-188 Sec 127....      1007
        Grant assistance...............  PL 108-188 Sec 211....      1020
        Grant funding..................  PL 108-188 Sec 217....      1025
        Immigration....................  PL 108-188 Sec 141....      1008
                                         PL 108-188 Sec 142....      1011
                                         PL 108-188 Sec 143....      1011
        Inflation adjustment...........  PL 108-188 Sec 218....      1026
        Interpretation and policy......  PL 108-188 Sec 104....       944
        Joint Committee................  PL 108-188 Sec 351....      1035
        Joint Economic Management        PL 108-188 Sec 214....      1024
         Financial Accountability
         Committee.
        Kwajalein impact and use.......  PL 108-188 Sec 212....      1023
        Legal provisions...............  PL 108-188 Sec 171....      1016
                                         PL 108-188 Sec 172....      1016
                                         PL 108-188 Sec 173....      1016
                                         PL 108-188 Sec 174....      1016
                                         PL 108-188 Sec 175....      1017
                                         PL 108-188 Sec 176....      1018
                                         PL 108-188 Sec 177....      1018
                                         PL 108-188 Sec 178....      1019
                                         PL 108-188 Sec 179....      1019
        Payment to citizens employed by  PL 108-188 Sec 110....       965
         the U.S. Government.
        Preamble.......................  PL 108-188 Sec 472....      1004
        Prohibition....................  PL 108-188 Sec 107....       963
        Report.........................  PL 108-188 Sec 215....      1024
        Representation.................  PL 108-188 Sec 151....      1012
                                         PL 108-188 Sec 152....      1012
        Security and defense authority   PL 108-188 Sec 311....      1032
         and responsibility.
                                         PL 108-188 Sec 312....      1032
                                         PL 108-188 Sec 313....      1032
                                         PL 108-188 Sec 314....      1032
                                         PL 108-188 Sec 315....      1033
                                         PL 108-188 Sec 316....      1033
        Self-government................  PL 108-188 Sec 111....      1006
        Service in Armed Forces of the   PL 108-188 Sec 341....      1035
         United States.
    Compact of Free Association
     Amendments Act of 2003--Continued
      United States-Republic of the
       Marshall Islands Compact--
       Continued
        Service in Armed Forces of the
         United States--Continued
                                         PL 108-188 Sec 342....      1035
        Services and program assistance  PL 108-188 Sec 221....      1026
                                         PL 108-188 Sec 222....      1027
                                         PL 108-188 Sec 223....      1027
                                         PL 108-188 Sec 224....      1027
        Supplemental provisions........  PL 108-188 Sec 105....       951
        Survivability..................  PL 108-188 Sec 451....      1040
                                         PL 108-188 Sec 452....      1040
                                         PL 108-188 Sec 453....      1041
                                         PL 108-188 Sec 454....      1042
        Termination....................  PL 108-188 Sec 441....      1039
                                         PL 108-188 Sec 442....      1039
                                         PL 108-188 Sec 443....      1040
        Threats to peace and security..  PL 108-188 Sec 353....      1036
        Trade..........................  PL 108-188 Sec 241....      1029
                                         PL 108-188 Sec 242....      1029
                                         PL 108-188 Sec 243....      1030
                                         PL 108-188 Sec 244....      1030
        Trust Fund contributions.......  PL 108-188 Sec 216....      1024
                                         PL 108-188 Sec 217....      1025
    Compact of Free Association with     PL 101-219............      1083
     Palau implementation.
      Agreements.......................  PL 101-219 Sec 110....      1085
      Antidrug program.................  PL 101-219 Sec 103....      1084
      Audit certification..............  PL 101-219 Sec 106....      1084
      Defense sites acquisition........  PL 101-219 Sec 107....      1085
      Energy assistance funding          PL 101-219 Sec 111....      1086
       modification.
      Entry into force of Compact......  PL 101-219 Sec 101....      1083
      Federal programs coordination      PL 101-219 Sec 108....      1085
       personnel.
      Fiscal procedures assistance.....  PL 101-219 Sec 102....      1083
      Public auditor and special         PL 101-219 Sec 104....      1084
       prosecutor.
      Referendum costs.................  PL 101-219 Sec 109....      1085
      Submission of agreements.........  PL 101-219 Sec 112....      1086
      Transition funding...............  PL 101-219 Sec 113....      1087
    Compact of Free Association with
     the Republic of Palau
      Placing into full force and        Proc 6726.............      1159
       effect.
    Compacts of Free Association
      Approval of Agreement Between      PL 101-62.............      1092
       United States and Marshall
       Islands and Between United
       States and Micronesia to Amend
       Governmental Representation
       Provisions.
      Compact of Free Association Act    PL 99-239.............      1047
       of 1985.
      Compact of Free Association        PL 108-188............       926
       Amendments Act of 2003.
      Compact of Free Association with   PL 101-219............      1083
       Palau implementation.
      Compact of Free Association with
       the Republic of Palau
        Placing into full force and      Proc 6726.............      1159
         effect.
      Covenant to Establish a            PL 94-241.............      1130
       Commonwealth of the Northern
       Mariana Islands.
      Implementation of Covenant with    Proc 5564.............      1156
       the Commonwealth of the Northern
       Mariana Islands and the Compacts
       of Free Association, 1986.
      Interior appropriations for
       Compact of Free Association
        Appropriations authorization...  PL 109-54.............      1091
    Compacts of Free Association--
     Continued
      Management of Compacts with the    EO 12569..............      1152
       Republic of the Marshall
       Islands, the Federated States of
       Micronesia and the Republic of
       Palau.
                                         EO 12569..............      1152
      Omnibus Insular Areas Act of 1992  PL 102-247............      1088
        Appropriations authorization...  PL 102-247 Sec 202....      1088
        Definitions....................  PL 102-247 Sec 201....      1088
        Freely Associated State Air      PL 102-247 Sec 303....      1090
         Carrier.
        Hazard mitigation..............  PL 102-247 Sec 204....      1089
        Insular government purchases...  PL 102-247 Sec 302....      1089
        Technical assistance...........  PL 102-247 Sec 203....      1089
      Relations with the Northern        EO 12572..............      1151
       Mariana Islands.
      United States-Palau Compact of     PL 99-658.............      1093
       Free Association.
    Conference on Security and           PL 102-138 Sec 169....       839
     Cooperation in Europe (CSCE).
    Congo Basin Forest Partnership Act   PL 108-200............       526
     of 2004.
      Appropriations authorization.....  PL 108-200 Sec 3......       527
      Findings.........................  PL 108-200 Sec 2......       526
    Consultative Commission on Western
     Hemisphere Energy and Environment
      Composition......................  PL 102-486 Sec 3020(d)       433
      Definition.......................  PL 102-486 Sec 3020(b)       433
      Findings.........................  PL 102-486 Sec 3020(a)       432
      Negotiations.....................  PL 102-486 Sec 3020(c)       433
      Objectives.......................  PL 102-486 Sec 3020(d)       433
      Report...........................  PL 102-486 Sec 3020(e)       433
    Contiguous zone of the United        Proc 7219.............       111
     States.
    Continuation of Reports Terminated   PL 106-113............      1222
     by the Federal Reports Elimination
     and Sunset Act of 1995.
    Cooperative East-West ventures in    PL 98-562.............       795
     space.
    Coral reef protection..............  EO 13089..............       157
      Definitions......................  EO 13089 Sec 1........       157
      Federal agency responsibilities..  EO 13089 Sec 3........       158
      Policy...........................  EO 13089 Sec 2........       157
      U.S. Coral Reef Task Force
        Conservation, mitigation and     EO 13089 Sec 5(c).....       159
         restoration.
        Coral Reef mapping and           EO 13089 Sec 5(a).....       158
         monitoring.
        International cooperation......  EO 13089 Sec 5(d).....       159
        Members........................  EO 13089 Sec 4........       158
        Research duties................  EO 13089 Sec 5(b).....       159
    Counterterrorism. See Terrorism
    Covenant to Establish a              PL 94-241.............      1130
     Commonwealth of the Northern
     Mariana Islands.
      Agreement........................  PL 94-241 Sec 3.......      1147
      Applicability of laws............  PL 94-241 Sec 501.....      1135
                                         PL 94-241 Sec 502.....      1135
                                         PL 94-241 Sec 503.....      1136
                                         PL 94-241 Sec 504.....      1136
                                         PL 94-241 Sec 505.....      1136
                                         PL 94-241 Sec 506.....      1137
      Approval.........................  PL 94-241 Sec 1001....      1145
                                         PL 94-241 Sec 1002....      1145
                                         PL 94-241 Sec 1003....      1146
                                         PL 94-241 Sec 1004....      1146
      Citizenship and nationality......  PL 94-241 Sec 301.....      1133
                                         PL 94-241 Sec 302.....      1133
                                         PL 94-241 Sec 303.....      1134
                                         PL 94-241 Sec 304.....      1134
      Constitution.....................  PL 94-241 Sec 201.....      1132
    Covenant to Establish a
     Commonwealth of the Northern
     Mariana Islands--Continued
      Constitution--Continued
                                         PL 94-241 Sec 202.....      1132
                                         PL 94-241 Sec 203.....      1132
                                         PL 94-241 Sec 204.....      1133
      Definitions......................  PL 94-241 Sec 1005....      1146
      Financial assistance.............  PL 94-241 Sec 4.......      1148
                                         PL 94-241 Sec 701.....      1140
                                         PL 94-241 Sec 702.....      1140
                                         PL 94-241 Sec 703.....      1140
                                         PL 94-241 Sec 704.....      1141
      Implementation of Covenant, 1986.  Proc 5564.............      1156
      Judicial authority...............  PL 94-241 Sec 401.....      1134
                                         PL 94-241 Sec 402.....      1134
                                         PL 94-241 Sec 403.....      1134
      Performance standards............  PL 94-241 Sec 5.......      1149
      Political relationship...........  PL 94-241 Sec 101.....      1131
                                         PL 94-241 Sec 102.....      1131
                                         PL 94-241 Sec 103.....      1132
                                         PL 94-241 Sec 104.....      1132
                                         PL 94-241 Sec 105.....      1132
      Property.........................  PL 94-241 Sec 801.....      1141
                                         PL 94-241 Sec 802.....      1141
                                         PL 94-241 Sec 803.....      1142
                                         PL 94-241 Sec 804.....      1143
                                         PL 94-241 Sec 805.....      1143
                                         PL 94-241 Sec 806.....      1143
      Relations with the United States.  EO 12572..............      1151
      Representative and consultation..  PL 94-241 Sec 901.....      1144
                                         PL 94-241 Sec 902.....      1144
                                         PL 94-241 Sec 903.....      1145
                                         PL 94-241 Sec 904.....      1145
      Revenue and taxation.............  PL 94-241 Sec 601.....      1137
                                         PL 94-241 Sec 602.....      1138
                                         PL 94-241 Sec 603.....      1138
                                         PL 94-241 Sec 604.....      1138
                                         PL 94-241 Sec 605.....      1138
                                         PL 94-241 Sec 606.....      1138
                                         PL 94-241 Sec 607.....      1139
      Sense of Congress................  PL 94-241 Sec 2.......      1147
      Transitional immigration rules...  PL 99-239 Sec 108.....      1077
    CSCE. See Conference on Security
     and Cooperation in Europe
    Cuba
      International claims settlement
        Definitions....................  PL 81-455 Sec 502.....       885
        Purpose........................  PL 81-455 Sec 501.....       885
    Currency availability..............  PL 83-665 Sec 502.....       827
    Cyprus
      Investigation of U.S. citizens     PL 103-372 Sec 1......      1322
       missing since 1974.
    Czech Republic Memorial Honoring
     Tomas G. Masaryk
      Authority to establish...........  PL 107-61 Sec 1.......      1321
      Limitation on payment of expenses  PL 107-61 Sec 2.......      1321
    Czechoslovakia
      International claims settlement
        Applicable provisions..........  PL 81-455 Sec 416.....       884
        Appropriations authorization...  PL 81-455 Sec 417.....       884
        Award amounts..................  PL 81-455 Sec 407.....       882
        Certification..................  PL 81-455 Sec 410.....       883
        Claims Fund....................  PL 81-455 Sec 402.....       880
        Definitions....................  PL 81-455 Sec 401.....       879
        Judicial relief................  PL 81-455 Sec 403.....       881
        Ownership interest.............  PL 81-455 Sec 406.....       882
        Payments.......................  PL 81-455 Sec 413.....       883
        Property ownership.............  PL 81-455 Sec 405.....       882
    Czechoslovakia--Continued
      International claims settlement--
       Continued
        Public notice..................  PL 81-455 Sec 411.....       883
        Records........................  PL 81-455 Sec 415.....       884
        Remuneration...................  PL 81-455 Sec 414.....       884
        Settlement period..............  PL 81-455 Sec 412.....       883
        Validity of claims.............  PL 81-455 Sec 404.....       881
        Vested claims..................  PL 81-455 Sec 408.....       882
        Violations.....................  PL 81-455 Sec 409.....       883
    Czechoslovakian Claims Settlement    PL 97-127.............       903
     Act of 1981.
      Agreement approval...............  PL 97-127 Sec 2.......       903
      Agreement implementation.........  PL 97-127 Sec 10......       908
      Awards payment...................  PL 97-127 Sec 8.......       906
      Claims Fund......................  PL 97-127 Sec 4.......       904
      Definitions......................  PL 97-127 Sec 3.......       903
      Determination of claims..........  PL 97-127 Sec 5.......       904
      Findings.........................  PL 97-127 Sec 6.......       905
      Funds investment.................  PL 97-127 Sec 9.......       907
      Procedures.......................  PL 97-127 Sec 7.......       906
      Social security agreement........  PL 97-127 Sec 11......       908

                                        D

    David L. Boren National Security     PL 102-183............      1236
     Education Act of 1991.
      Definitions......................  PL 102-183 Sec 808....      1249
      Findings and purposes............  PL 102-183 Sec 801....      1236
      Fiscal year 1992 funding.........  PL 102-183 Sec 809....      1249
      Funding..........................  PL 102-183 Sec 810....      1250
      GAO audits.......................  PL 102-183 Sec 807....      1248
      National Security Education Board  PL 102-183 Sec 803....      1244
      National Security Education Trust  PL 102-183 Sec 804....      1246
       Fund.
      Regulations and administrative     PL 102-183 Sec 805....      1247
       provisions.
      Report...........................  PL 102-183 Sec 806....      1247
      Scholarship, fellowship and grant  PL 102-183 Sec 802....      1237
       program.
    Debt exchanges
      Environmental policy, sense of     PL 101-240 Sec 511....       620
       Congress.
    Debt-for-development swaps
      International Financial            PL 95-118 Sec 1608....       614
       Institutions Act.
    Debt-for-nature exchanges
      Assistance for commercial          PL 87-195 Sec 462.....       476
       exchanges.
      Definition.......................  PL 87-195 Sec 461.....       476
      Eligible countries...............  PL 87-195 Sec 464.....       477
      Eligible projects................  PL 87-195 Sec 463.....       476
      International Financial
       Institutions Act.
        Multilateral development banks.  PL 95-118 Sec 1614....       616
      Pilot program for sub-Saharan      PL 87-195 Sec 466.....       478
       Africa.
      Terms and conditions.............  PL 87-195 Sec 465.....       477
    Deep Seabed Hard Mineral Removal     PL 96-283.............       105
     Tax Act of 1979.
      Deep Seabed Revenue Sharing Trust  PL 96-283 Sec 403.....       105
       Fund establishment.
      Tax, customs and tariff treatment  PL 96-283 Sec 404.....       107
       of deep seabed mining.
    Deep Seabed Hard Mineral Resources   PL 96-283.............        72
     Act.
      Appropriations authorization.....  PL 96-283 Sec 310.....       105
      Civil actions....................  PL 96-283 Sec 117.....        95
      Civil forfeitures................  PL 96-283 Sec 306.....       102
      Civil penalties..................  PL 96-283 Sec 302.....       100
      Criminal offense.................  PL 96-283 Sec 303.....       100
      Declaration of congressional       PL 96-283 Sec 201.....        97
       intent.
      Definitions......................  PL 96-283 Sec 4.......        75
      Diligence requirements...........  PL 96-283 Sec 108.....        89
    Deep Seabed Hard Mineral Resources
     Act--Continued
      Disclaimer of obligations to pay   PL 96-283 Sec 204.....        99
       compensation.
      Duration of licenses and permits.  PL 96-283 Sec 107.....        88
      Enforcement......................  PL 96-283 Sec 304.....       101
      Environmental protection.........  PL 96-283 Sec 109.....        89
      Findings.........................  PL 96-283 Sec 2(a)....        72
      Interim investments protection...  PL 96-283 Sec 203.....        98
      International agreement effect...  PL 96-283 Sec 202.....        98
      International objectives.........  PL 96-283 Sec 3.......        74
      Jurisdiction of courts...........  PL 96-283 Sec 307.....       103
      License and permit applications,   PL 96-283 Sec 103.....        80
       review and certification.
      License and permit fees..........  PL 96-283 Sec 104.....        84
      Licenses for exploration and       PL 96-283 Sec 102.....        78
       permits for commercial recovery.
      Monitoring of activities of        PL 96-283 Sec 114.....        93
       licensees and permittees.
      Natural resources conservation...  PL 96-283 Sec 110.....        92
      Prevention of interference with    PL 96-283 Sec 111.....        92
       other high seas uses.
      Prohibited activities by U.S.      PL 96-283 Sec 101.....        76
       citizens.
      Prohibited acts..................  PL 96-283 Sec 301.....        99
      Public disclosure................  PL 96-283 Sec 113(c)..        93
      Public notice and hearings.......  PL 96-283 Sec 116.....        94
      Purposes.........................  PL 96-283 Sec 2(b)....        73
      Reciprocating states.............  PL 96-283 Sec 118.....        96
      Records and audits...............  PL 96-283 Sec 113.....        93
      Regulations......................  PL 96-283 Sec 308.....       103
      Relinquishment, surrender and      PL 96-283 Sec 115.....        94
       transfer of licenses and permits.
      Report...........................  PL 96-283 Sec 309.....       104
      Safety of life and property at     PL 96-283 Sec 112.....        92
       sea.
      Severability.....................  PL 96-283 Sec 311.....       105
      Suspension and modification of     PL 96-283 Sec 106.....        86
       activities.
      Tax..............................  PL 96-283 Title IV....       105
      Transfer of licenses and permits.  PL 96-283 Sec 105.....        84
      Vessel liability.................  PL 96-283 Sec 305.....       102
    Deep Seabed Revenue Sharing Trust
     Fund
      Creation of......................  PL 96-283 Sec 403(a)..       105
      Expenditures from................  PL 96-283 Sec 403(d)..       106
      International deep seabed treaty   PL 96-283 Sec 403(f)..       107
       defined.
      Management of....................  PL 96-283 Sec 403(c)..       106
      Transfer of amounts equivalent to  PL 96-283 Sec 403(b)..       105
       taxes.
    Deepwater Port Act of 1974.........  PL 93-627.............       144
      Declaration of policy............  PL 93-627 Sec 2.......       144
      Definitions......................  PL 93-627 Sec 3.......       145
      Environmental protection.........  PL 93-627 Sec 10......       147
      International agreements.........  PL 93-627 Sec 11......       148
      Navigational safety..............  PL 93-627 Sec 10......       147
      Negotiations with Canada and       PL 93-627 Sec 22......       150
       Mexico.
      Relationship to other laws.......  PL 93-627 Sec 19......       148
    Defense, Department of
      National security emergency
       preparedness responsibilities
        Lead responsibilities..........  EO 12656 Sec 501......      1281
        Support responsibilities.......  EO 12656 Sec 502......      1283
    Department of State Appropriation
     Act, 1988
      Interparliamentary groups
        Permanent appropriations.......  PL 100-202 Sec 303....       835
    Department of State Authorization
     Act, FY 1984 and 1985
      Interparliamentary groups
        United States-Europe groups,     PL 98-164 Sec 109.....       836
         appropriations authorization.
    Department of the Interior,
     Environment, and Related Agencies
     Appropriations Act, 2006
      Interior appropriations for        PL 109-54.............      1091
       Compact of Free Association.
      Interior appropriations for Trust  PL 109-54 Title I.....       922
       Territory of the Pacific Islands.
    Departments of State and Justice,
     the Judiciary, and Related
     Agencies Appropriations Act of
     1959
      Interparliamentary Union
        Designation of Senate delegates  PL 85-474.............       833
    Developing countries
      Global Environmental Protection
       Assistance Act of 1989
        Appropriations authorization...  PL 101-240 Sec 738....       626
        Definitions....................  PL 101-240 Sec 731....       622
        Fellowship and exchange          PL 101-240 Sec 737....       626
         programs.
        Greenhouse Gas Intensity         PL 101-240 Sec 735....       625
         Reducing Technology Export
         Initiative.
        Greenhouse gas intensity         PL 101-240 Sec 733....       624
         reducing technology inventory.
        Greenhouse gas intensity         PL 101-240 Sec 732....       622
         reduction.
        Technology demonstration         PL 101-240 Sec 736....       625
         projects.
        Trade-related barriers to        PL 101-240 Sec 734....       624
         export of technologies.
    Diplomacy
      Diplomatic intelligence support    PL 80-253 Sec 115.....      1201
       centers limitation.
      Foreign Relations Authorization
       Act, FY 1979
        Declaration of policy..........  PL 95-426 Sec 502.....       520
        Findings.......................  PL 95-426 Sec 501.....       519
        Presidential responsibilities..  PL 95-426 Sec 503.....       520
        Secretary of State               PL 95-426 Sec 504.....       521
         responsibilities.
    Dolphin Protection Consumer          PL 101-627............       251
     Information Act.
      Certification by captain and       PL 101-627 Sec 901(h).       256
       observer.
      Definitions......................  PL 101-627 Sec 901(c).       251
      Enforcement......................  PL 101-627 Sec 901(e).       254
      Findings.........................  PL 101-627 Sec 901(b).       251
      Labeling standard................  PL 101-627 Sec 901(d).       252
      Regulations......................  PL 101-627 Sec 901(f).       254
      Secretarial findings.............  L 101-627 Sec 901(g)..       255
    Dolphins
      Dolphin Protection Consumer        PL 101-627............       251
       Information Act.
      International Dolphin              PL 102-523............       250
       Conservation Act of 1992.
      International Dolphin              PL 92-522.............       236
       Conservation Program.
      International Dolphin              PL 105-42.............       248
       Conservation Program Act.
    Driftnet fishing...................  PL 94-265 Sec 206.....        42
      Certification....................  PL 94-265 Sec 206(f)..        45
      Definition.......................  PL 94-265 Sec 206(h)..        46
      Driftnet impact monitoring,        PL 100-220............       276
       assessment, and control.
      Findings.........................  PL 94-265 Sec 206(b)..        43
      High Seas Driftnet Fisheries       PL 102-582............       266
       Enforcement Act.
      International agreements.........  PL 94-265 Sec 206(d)..        43
      Policy...........................  PL 94-265 Sec 206(c)..        43
      Report...........................  PL 94-265 Sec 206(e)..        45
      Sovereign rights.................  PL 94-265 Sec 206(g)..        45
    Driftnet Impact Monitoring,          PL 100-220............       276
     Assessment and Control Act of 1987.
      Alternative materials............  PL 100-220 Sec 4007(b)       279
    Driftnet Impact Monitoring,
     Assessment and Control Act of
     1987--Continued
      Appropriations authorization.....  PL 100-220 Sec 4009...       279
      Bounty system....................  PL 100-220 Sec 4007(c)       279
      Construction with other laws.....  PL 100-220 Sec 4008...       279
      Definitions......................  PL 100-220 Sec 4003...       276
      Enforcement agreements...........  PL 100-220 Sec 4006...       278
      Findings.........................  PL 100-220 Sec 4002...       276
      Fishing vessel tracking system...  PL 100-220 Sec 4007(d)       279
      Impact report....................  PL 100-220 Sec 4005...       277
      Marking, registry and              PL 100-220 Sec 4007(a)       278
       identification system.
      Monitoring agreements............  PL 100-220 Sec 4004...       277
      Report...........................  PL 100-220 Sec 4007(e)       279
    Driftnet moratorium. See High Seas
     Driftnet Fishing Moratorium
     Protection Act
    Drug control
      Department of State international  PL 104-66 Sec 1112....      1219
       narcotics control.

                                        E

    Earth Observing System
      Appropriations authorization,      PL 102-588 Sec 102(g).       767
       1993.
    Eastern Pacific Ocean Tuna           PL 98-445.............       185
     Licensing Act of 1984.
      Application to other laws........  PL 98-445 Sec 5.......       186
      Appropriations authorization.....  PL 98-445 Sec 10......       189
      Definitions......................  PL 98-445 Sec 2.......       185
      Disposition of fees..............  PL 98-445 Sec 6.......       187
      Enforcement......................  PL 98-445 Sec 9.......       188
      Prohibited acts..................  PL 98-445 Sec 8.......       187
      Regulations......................  PL 98-445 Sec 7.......       187
      Secretary of State authority.....  PL 98-445 Sec 4.......       186
      U.S. representation on the         PL 98-445 Sec 3.......       186
       Council.
    Education
      David L. Boren National Security   PL 102-183............      1236
       Education Act of 1991.
        Definitions....................  PL 102-183 Sec 808....      1249
        Findings and purposes..........  PL 102-183 Sec 801....      1236
        Fiscal year 1992 funding.......  PL 102-183 Sec 809....      1249
        Funding........................  PL 102-183 Sec 810....      1250
        General Accounting Office        PL 102-183 Sec 807....      1248
         audits.
        National Security Education      PL 102-183 Sec 803....      1244
         Board.
        National Security Education      PL 102-183 Sec 804....      1246
         Trust Fund.
        Regulations and administrative   PL 102-183 Sec 805....      1247
         provisions.
        Report.........................  PL 102-183 Sec 806....      1247
        Scholarship, fellowship and      PL 102-183 Sec 802....      1237
         grant program.
    EEC. See European Economic
     Community
    Elections in Peru..................  PL 106-186............      1325
    Elephants. See African Elephant      PL 105-96.............       545
     Conservation Act; Asian Elephant
     Conservation Act of 1997
    Emergency preparedness
      National security and emergency    EO 12472..............      1264
       preparedness telecommunications
       functions.
        Assignment of responsibilities   EO 12472 Sec 3........      1269
         to other departments and
         agencies.
        Executive Office                 EO 12472 Sec 2........      1267
         responsibilities.
        General provisions.............  EO 12472 Sec 4........      1272
        National Communications System.  EO 12472 Sec 1........      1264
      National security emergency        EO 12656..............      1274
       preparedness responsibilities.
    Emergency preparedness--Continued
      National security emergency
       preparedness responsibilities--
       Continued
        Continuity of government.......  EO 12656 Sec 202......      1278
        Department of Commerce.........  EO 12656 Sec 401......      1280
                                         EO 12656 Sec 402......      1281
        Department of Defense..........  EO 12656 Sec 501......      1281
                                         EO 12656 Sec 502......      1283
        Department of State............  EO 12656 Sec 1301.....      1284
                                         EO 12656 Sec 1302.....      1285
        Federal benefit, insurance and   EO 12656 Sec 205......      1279
         loan programs.
        General provisions.............  EO 12656 Sec 201......      1277
        Interagency coordination.......  EO 12656 Sec 105......      1276
        Management.....................  EO 12656 Sec 104......      1275
        Policy.........................  EO 12656 Sec 101......      1274
        Protection of essential          EO 12656 Sec 204......      1279
         resources and facilities.
        Purpose........................  EO 12656 Sec 102......      1275
        Redelegation...................  EO 12656 Sec 207......      1279
        Research.......................  EO 12656 Sec 206......      1279
        Resource management............  EO 12656 Sec 203......      1278
        Retention of existing authority  EO 12656 Sec 209......      1280
        Scope..........................  EO 12656 Sec 103......      1275
        Transfer of functions..........  EO 12656 Sec 208......      1279
        United States Information        EO 12656 Sec 2501.....      1285
         Agency.
                                         EO 12656 Sec 2502.....      1285
    Endangered species
      Foreign Assistance Act of 1961...  PL 87-195 Sec 119.....       473
    Endangered Species Act of 1973
      African Elephant Conservation      PL 100-478 Sec 2302...       586
       Act, and.
    Endangered Species Act of 1973.....  PL 93-205.............       327
      Convention implementation........  PL 93-205 Sec 8A......       332
      Definitions......................  PL 93-205 Sec 3.......       329
      Endangered plants................  PL 93-205 Sec 12......       346
      Exceptions.......................  PL 93-205 Sec 10......       338
      Findings.........................  PL 93-205 Sec 2(a)....       328
      International cooperation........  PL 93-205 Sec 8.......       331
      Policy...........................  PL 93-205 Sec 2(c)....       328
      Prohibited acts..................  PL 93-205 Sec 9.......       334
      Purposes.........................  PL 93-205 Sec 2(b)....       328
    Energy
      Independent states of the former   PL 87-195 Sec 498.....       478
       Soviet Union program assistance.
      Trade Promotion Coordinating       PL 102-511 Sec 304....       500
       Committee interagency working
       group.
    Energy Emergency Preparedness Act
     of 1982
      Petroleum supply interruptions,    PL 97-229 Sec 6.......       435
       reports.
    Energy Policy Act of 1992..........  PL 102-486............       401
      Coal
        Appropriations authorization...  PL 102-486 Sec 1341...       418
        Clean technology export          PL 102-486 Sec 1331...       410
         promotion.
        Conventional technology          PL 102-486 Sec 1333...       417
         transfer.
        Exports........................  PL 102-486 Sec 1338...       418
        Innovative clean technology      PL 102-486 Sec 1332...       413
         transfer program.
        Interagency coordination.......  PL 102-486 Sec 1331...       410
      Consultative Commission on         PL 102-486 Sec 3020...       432
       Western Hemisphere Energy and
       Environment.
      Global climate change
        Director of Climate Protection.  PL 102-486 Sec 1603...       421
        Global Climate Change Response   PL 102-486 Sec 1609...       427
         Fund.
        Greenhouse gas emissions         PL 102-486 Sec 1604...       421
         alternative policy mechanisms.
        Greenhouse gas intensity         PL 102-486 Sec 1610...       428
         reducing strategies.
        Greenhouse gas national          PL 102-486 Sec 1605(a)       422
         inventory.
    Energy Policy Act of 1992--
     Continued
      Global climate change--Continued
        Greenhouse gas voluntary         PL 102-486 Sec 1605(b)       422
         reporting.
        Innovative environmental         PL 102-486 Sec 1608...       423
         technology transfer program.
        Least-cost energy strategy.....  PL 102-486 Sec 1602...       419
        Report.........................  PL 102-486 Sec 1601...       418
      Renewable energy
        Data system....................  PL 102-486 Sec 1209...       402
        Export technology training.....  PL 102-486 Sec 1203...       402
        Innovative technology transfer   PL 102-486 Sec 1211...       404
         program.
        Outreach.......................  PL 102-486 Sec 1210...       403
        Production incentive...........  PL 102-486 Sec 1212...       408
        Purposes.......................  PL 102-486 Sec 1201...       402
        Technology evaluation..........  PL 102-486 Sec 1209...       402
      Strategic diversification........  PL 102-486 Sec 3019...       432
      United States Enrichment
       Corporation
        Nuclear export restrictions....  PL 102-486 Sec 903....       401
        Severability...................  PL 102-486 Sec 904....       402
    Energy Policy Act of 2005            PL 109-58.............       393
      Energy integration with Latin      PL 109-58 Sec 1807....       399
       America, report.
      National security review of        PL 109-58 Sec 1837....       399
       international energy
       requirements.
      Nuclear material
        Export prohibition to countries  PL 109-58 Sec 632.....       393
         that sponsor terrorism.
        Prohibition on U.S. assumption   PL 109-58 Sec 635.....       393
         of liability for foreign
         incidents.
      Research and development
        Cooperation between the United   PL 109-58 Sec 986.....       395
         States and Israel.
        International training.........  PL 109-58 Sec 986A....       395
        Western Hemisphere cooperation.  PL 109-58 Sec 985.....       394
      Set America Free Act of 2005
        North American energy freedom    PL 109-58 Sec 1424....       399
         policy.
        Purpose........................  PL 109-58 Sec 1422....       396
        United States Commission on      PL 109-58 Sec 1423....       396
         North American Energy Freedom.
    Energy Policy and Conservation Act.  PL 94-163.............       438
      Advisory committees..............  PL 94-163 Sec 253.....       449
      Congressional review.............  PL 94-163 Sec 551.....       458
      Definitions......................  PL 94-163 Sec 3.......       439
      Domestic renewable energy          PL 94-163 Sec 256.....       452
       industry.
      Domestic supply use..............  PL 94-163 Sec 103.....       440
      Effect on other laws.............  PL 94-163 Sec 526.....       457
      Enforcement......................  PL 94-163 Sec 525.....       457
      Expedited procedure for            PL 94-163 Sec 552.....       460
       Congressional consideration of
       authorities.
      Information exchange.............  PL 94-163 Sec 254.....       450
      International energy agreement...  PL 94-163 Sec 255.....       452
      International oil allocation.....  PL 94-163 Sec 251.....       441
      International voluntary            PL 94-163 Sec 252.....       442
       agreements.
      Prohibited acts..................  PL 94-163 Sec 524.....       456
      Statement of purposes............  PL 94-163 Sec 2.......       438
    Enterprise for the Americas Board
      Establishment....................  PL 83-480 Sec 610(a)..       510
      Government appointees............  EO 13345 Sec 4........       517
      Membership and chairperson.......  PL 83-480 Sec 610(b)..       510
      Responsibilities.................  PL 83-480 Sec 610(c)..       510
    Enterprise for the Americas          PL 83-480.............       506
     Environmental Fund
      Benefits eligibility.............  PL 83-480 Sec 603.....       506
      Consultation.....................  PL 83-480 Sec 615.....       512
      Debt reduction...................  PL 83-480 Sec 604.....       507
    Enterprise for the Americas
     Environmental Fund--Continued
      Disbursement of funds............  PL 83-480 Sec 609.....       510
      Eligible activities and grantees.  PL 83-480 Sec 612.....       511
      Enterprise for the Americas Board  PL 83-480 Sec 610.....       510
      Environmental framework            PL 83-480 Sec 607.....       508
       agreements.
      Establishment....................  PL 83-480 Sec 608(a)..       509
      Facility establishment...........  PL 83-480 Sec 601.....       506
      Investment.......................  PL 83-480 Sec 608(b)..       509
      Multilateral debt donations        PL 83-480 Sec 613.....       511
       encouragement.
      New obligation interest..........  PL 83-480 Sec 606.....       508
      Notification.....................  PL 83-480 Sec 618.....       514
      Oversight........................  PL 83-480 Sec 611.....       511
      Principal repayment..............  PL 83-480 Sec 605.....       508
      Purpose..........................  PL 83-480 Sec 602.....       506
      Report...........................  PL 83-480 Sec 614.....       512
      Qualified debt
        Definition.....................  PL 83-480 Sec 619.....       515
        Sale, reduction or cancellation  PL 83-480 Sec 617.....       513
        Sale to eligible countries.....  PL 83-480 Sec 616.....       512
    Enterprise for the Americas
     Initiative Act of 1992
      Good Neighbor Environmental Board  PL 102-532 Sec 6......       504
    Enterprise for the Americas          EO 13345 Sec 1........       516
     Initiative implementation.
      Government appointees............  EO 13345 Sec 4........       517
      Functions........................  EO 13345 Sec 5........       518
      Secretary of State...............  EO 13345 Sec 2........       517
      Secretary of Treasury............  EO 13345 Sec 1........       516
      USAID recommendation.............  EO 13345 Sec 3........       517
    Environmental effects abroad of      EO 12114..............       680
     major Federal actions
      Actions..........................  EO 12114 Sec 2-3......       681
        Multi-agency...................  EO 12114 Sec 3-3......       683
        Rights of......................  EO 12114 Sec 3-1......       683
      Agency procedures................  EO 12114 Sec 2-1......       680
      Applicable procedures............  EO 12114 Sec 2-4......       681
      Exemptions and considerations....  EO 12114 Sec 2-5......       682
      Foreign relations................  EO 12114 Sec 3-2......       683
      Information exchange.............  EO 12114 Sec 2-2......       680
      Multiple impacts.................  EO 12114 Sec 3-5......       683
      Purpose and scope................  EO 12114 Sec 1-1......       680
      Terms............................  EO 12114 Sec 3-4......       683
    Environmental issues. See also
     Climate change; Global warming
      American Business Centers........  PL 102-511 Sec 301(b).       497
      Bretton Woods Agreements Act
        Alleviating adverse impacts of   PL 79-171 Sec 55......       604
         Fund programs on the poor and
         the environment.
        Fund policy changes............  PL 79-171 Sec 59......       604
      Bureau of Oceans and               PL 93-126 Sec 9.......       523
       International Environmental and
       Scientific Affairs establishment.
      Committee on Earth and             PL 101-606 Sec 102....       656
       Environmental Sciences.
      Compact of Free Association        PL 99-658 Sec 161.....      1106
       between the United States and
       Palau.
                                         PL 99-658 Sec 162.....      1106
                                         PL 99-658 Sec 163.....      1107
      Compact of Free Association        PL 108-188 Sec 161....       973
       between the United States and
       the Federated States of
       Micronesia.
    Environmental issues--Continued
      Compact of Free Association
       between the United States and
       the Federated States of
       Micronesia--Continued
                                         PL 108-188 Sec 162....       975
                                         PL 108-188 Sec 163....       975
      Compact of Free Association        PL 108-188 Sec 161....      1012
       between the United States and
       the Republic of the Marshall
       Islands.
                                         PL 108-188 Sec 162....      1014
                                         PL 108-188 Sec 163....      1015
      Debt-for-nature exchanges
        Assistance for commercial        PL 87-195 Sec 462.....       476
         exchanges.
        Definition.....................  PL 87-195 Sec 461.....       476
        Eligible countries.............  PL 87-195 Sec 464.....       477
        Eligible projects..............  PL 87-195 Sec 463.....       476
        Pilot program for sub-Saharan    PL 87-195 Sec 466.....       478
         Africa.
        Terms and conditions...........  PL 87-195 Sec 465.....       477
      Deep Seabed Hard Mineral
       Resources Act
        Natural resources conservation.  PL 96-283 Sec 110.....        92
                                         PL 96-283 Sec 109.....        89
      Endangered species...............  PL 87-195 Sec 119.....       473
      Enterprise for the Americas
       Environmental Fund
        Report.........................  PL 83-480 Sec 614.....       512
      Foreign affairs functions
        Government appointees to the     EO 13345 Sec 4........       517
         Enterprise for the Americas
         Board.
        Guidance for the performance of  EO 13345 Sec 5........       518
         functions.
        Secretary of State.............  EO 13345 Sec 2........       517
        Secretary of Treasury..........  EO 13345 Sec 1........       516
        USAID recommendation...........  EO 13345 Sec 3........       517
      Foreign Assistance Act of 1961...  PL 87-195 Sec 117.....       469
      Foreign Operations, Export
       Financing, and Related Programs
       Appropriations Act, 1990
        Global warming initiative......  PL 101-167 Sec 534....       493
      Foreign Operations, Export         PL 101-513 Sec 533....       487
       Financing, and Related Programs
       Appropriations Act, 1991.
      Foreign Operations, Export
       Financing, and Related Programs
       Appropriations Act, 1993
        Programs.......................  PL 102-391 Sec 532....       483
      Foreign Operations, Export
       Financing, and Related Programs
       Appropriations Act, 2004
        Programs.......................  PL 108-9 Sec 555......       481
      FREEDOM Support Act of 1992
        American Business Centers......  PL 102-511 Sec 301....       497
        Export promotion activities and  PL 102-511 Sec 303....       499
         capital projects funding.
        Independent states definition..  PL 102-511 Sec 3......       497
        Trade Promotion Coordinating     PL 102-511 Sec 304....       500
         Committee interagency working
         group on energy.
      Global Environmental Protection
       Assistance Act of 1989
        Appropriations authorization...  PL 101-240 Sec 738....       626
        Definitions....................  PL 101-240 Sec 731....       622
        Fellowship and exchange          PL 101-240 Sec 737....       626
         programs.
        Greenhouse Gas Intensity         PL 101-240 Sec 735....       625
         Reducing Technology Export
         Initiative.
    Environmental issues--Continued
      Global Environmental Protection
       Assistance Act of 1989--
       Continued
        Greenhouse gas intensity         PL 101-240 Sec 732....       622
         reduction.
        Negotiations...................  PL 101-240 Sec 722....       621
        Policy.........................  PL 101-240 Sec 721....       621
        Technology demonstration         PL 101-240 Sec 736....       625
         projects.
        Technology inventory for         PL 101-240 Sec 733....       624
         developing countries.
        Trade-related barriers to        PL 101-240 Sec 734....       624
         export of technologies.
      Good Neighbor Environmental Board  PL 102-532 Sec 6......       504
      Hungary
        Initiatives for................  PL 101-179 Sec 502....       501
        Problems in, report............  PL 101-179 Sec 703....       503
      Independent states of the former
       Soviet Union
        Energy and environment program   PL 87-195 Sec 498.....       478
         assistance.
      International agreements           EO 11742..............       524
       negotiation, Secretary of State
       authority.
      International debt exchanges,      PL 101-240 Sec 511....       620
       sense of Congress.
      International Environmental
       Protection Act of 1983
        Exchange programs..............  PL 98-164 Sec 703.....       677
        International wildlife           PL 98-164 Sec 704.....       677
         resources conservation.
      International Financial
       Institutions Act
        Assistance program management..  PL 95-118 Sec 1302....       608
        Assistance proposals...........  PL 95-118 Sec 1303....       608
                                         PL 95-118 Sec 1306....       609
        Cooperative information          PL 95-118 Sec 1304....       609
         exchange.
        Debt-for-development swaps.....  PL 95-118 Sec 1608....       614
        Educational programs...........  PL 95-118 Sec 1305....       609
        Effect of loans on environment,  PL 95-118 Sec 1703....       619
         public health and indigenous
         people, report.
        Findings.......................  PL 95-118 Sec 1301....       607
        Multilateral development bank    PL 95-118 Sec 1307....       610
         actions impact assessment.
        Multilateral development banks   PL 95-118 Sec 1614....       616
         and debt-for-nature exchanges.
        Promotion of institution-        PL 95-118 Sec 1616....       618
         building for non-governmental
         organizations.
        Promotion of lending for the     PL 95-118 Sec 1615....       617
         environment.
      International Forestry
       Cooperation
        Administrative provisions......  PL 101-513 Sec 609....       492
        Appropriations authorization...  PL 101-513 Sec 610....       492
        Forestry and natural resource    PL 101-513 Sec 602....       491
         assistance.
        Institute of Tropical Forestry.  PL 101-513 Sec 604....       492
        Tropical deforestation plan....  PL 101-513 Sec 603....       491
      Natural resources................  PL 87-195 Sec 117.....       469
      Poland
        Initiatives for................  PL 101-179 Sec 502....       501
        Problems in, report............  PL 101-179 Sec 703....       503
      Strategic Environmental Research
       and Development Program
        Advisory Board.................  10 USC Sec 2904.......       602
        Council........................  10 USC Sec 2902.......       597
        Establishment..................  10 USC Sec 2901(a)....       596
        Executive Director.............  10 USC Sec 2903.......       601
        Purposes.......................  10 USC Sec 2901(b)....       597
      Tropical forests.................  PL 87-195 Sec 118.....       470
    Environmental issues--Continued
      United Nations Conference on
       Environment and Development
        U.S. support...................  PL 102-138 Sec 364....       570
      United Nations Environment
       Program Participation Act of
       1973
        Appropriation authorization....  PL 93-188 Sec 3.......       595
        Policy.........................  PL 93-188 Sec 2.......       595
    Estonia
      Governing international fishery    PL 102-587 Sec 1001...       116
       agreements.
    Europe
      United States-Europe
       Interparliamentary Groups
        Appropriations authorization...  PL 98-164 Sec 109.....       836
    European Economic Community
      Governing international fishery    PL 98-623 Title I.....       123
       agreements.
    Exclusive economic zone
      Establishment of the exclusive     Proc 5030.............       108
       economic zone of the United
       States.
      Fishing restriction..............  PL 102-582 Sec 305....       273
      International fishery agreements.  PL 94-265 Sec 202(c)..        27
    Exotic birds. See Wild Exotic Bird
     Conservation Act of 1992
    Expedition against friendly nation.  18 USC Sec 962........      1188
    Export Administration Act of 1979
      Unprocessed timber authority.....  PL 101-382 Sec 499....       671
    Export-Import Bank
      Global warming initiative........  PL 101-167 Sec 534(d).       496
    Exports
      Coal.............................  PL 102-486 Sec 1338...       418
      Energy
        Clean coal technologies........  PL 101-549 Sec 409....       663
          Promotion....................  PL 102-486 Sec 1331...       410
        Renewable energy technology      PL 102-486 Sec 1203...       402
         training.
      FREEDOM Support Act promotion      PL 102-511 Sec 303....       499
       activities.
      Nuclear materials
        Prohibition to countries that    PL 109-58 Sec 632.....       393
         sponsor terrorism.
        Restrictions...................  PL 102-486 Sec 903....       401
      Trade-related barriers to          PL 101-240 Sec 734....       624
       greenhouse gas intensity
       reducing technologies.
      Tuna products, intermediary        PL 102-582 Sec 401....       275
       nations involvement.
      Unprocessed timber restriction     PL 101-382 Sec 491....       669
       from State and public lands.

                                        F

    Federal Reports Elimination and      PL 104-66.............      1218
     Sunset Act of 1995.
      Department of Commerce...........  PL 104-66 Sec 1021....      1218
      Department of State..............  PL 104-66 Sec 1111....      1219
                                         PL 104-66 Sec 1112....      1219
      Termination of reporting           PL 104-66 Sec 3003....      1219
       requirements.
      United States Information Agency.  PL 104-66 Sec 2241....      1219
    Federated States of Micronesia. See
     also Compact of Free Association
     Act of 1985; Compact of Free
     Association Amendments Act of 2003
      Approval of Agreement to Amend     PL 101-62.............      1092
       Governmental Representation
       Provisions of the Compact of
       Free Association.
    Federated States of Micronesia--
     Continued
      Implementation of the Compact of   Proc 5564.............      1156
       Free Association, 1986.
      Management of 1985 Compact.......  EO 12569..............      1152
        Cooperation among Executive      EO 12569 Sec 5........      1154
         departments and agencies.
        Delegation to the Secretary of   EO 12569 Sec 6........      1154
         Interior.
        Delegation to the Secretary of   EO 12569 Sec 7........      1154
         State.
        Interagency Group on Freely      EO 12569 Sec 3........      1153
         Associated State Affairs.
        Office of Freely Associated      EO 12569 Sec 3........      1153
         State Affairs.
        Responsibility of the Secretary  EO 12569 Sec 2........      1152
         of Interior.
        Responsibility of the Secretary  EO 12569 Sec 1........      1152
         of State.
        Saving provisions..............  EO 12569 Sec 8........      1154
        Supersession...................  EO 12569 Sec 8........      1155
        U.S. Representatives to the      EO 12569 Sec 4........      1154
         Freely Associated States.
    Financial institutions. See
     International financial
     institutions
    Fisheries Act of 1995..............  PL 104-43.............       209
      Atlantic Tunas Convention
       Authorization Act of 1995
        Atlantic yellowfin tuna          PL 104-43 Sec 309.....       227
         management.
        Bluefin tuna regulations study.  PL 104-43 Sec 310.....       227
        International Commission for     PL 104-43 Sec 311.....       228
         the Conservation of Atlantic
         Tunas negotiations, sense of
         Congress.
        Report.........................  PL 104-43 Sec 302(a)..       226
      Driftnet moratorium
        Certification..................  PL 104-43 Sec 605.....       231
        Enforcement....................  PL 104-43 Sec 606.....       231
        Findings.......................  PL 104-43 Sec 602.....       230
        Negotiations...................  PL 104-43 Sec 604.....       231
        Prohibition....................  PL 104-43 Sec 603.....       231
      Fishermen's Protective Act of
       1967, and
        Findings.......................  PL 104-43 Sec 401.....       228
        Vessel owner reimbursement.....  PL 104-43 Sec 402(c)..       229
      Foreign fishing for Atlantic       PL 104-43 Sec 802.....       235
       herring and Atlantic mackerel.
      High Seas Fishing Compliance Act
       of 1995
        Civil penalties................  PL 104-43 Sec 108.....       216
        Criminal offenses..............  PL 104-43 Sec 109.....       218
        Definitions....................  PL 104-43 Sec 103.....       209
        Enforcement provisions.........  PL 104-43 Sec 107.....       214
        Forfeitures....................  PL 104-43 Sec 110.....       218
        Permit sanctions...............  PL 104-43 Sec 108.....       216
        Permitting.....................  PL 104-43 Sec 104.....       211
        Purpose........................  PL 104-43 Sec 102.....       209
        Responsibilities of the          PL 104-43 Sec 105.....       213
         Secretary.
        Unlawful activities............  PL 104-43 Sec 106.....       214
      Northwest Atlantic Fisheries
       Convention Act of 1995
        Administrative matters.........  PL 104-43 Sec 209.....       224
        Appropriations authorization...  PL 104-43 Sec 211.....       225
        Consultative committee.........  PL 104-43 Sec 208.....       224
        Definitions....................  PL 104-43 Sec 210.....       225
        Interagency cooperation........  PL 104-43 Sec 205.....       222
        Penalties......................  PL 104-43 Sec 207.....       222
        Prohibited acts................  PL 104-43 Sec 207.....       222
        Quota allocation practice......  PL 104-43 Sec 213.....       226
        Report.........................  PL 104-43 Sec 212.....       226
        Rulemaking.....................  PL 104-43 Sec 206.....       222
        Scientific advice requests.....  PL 104-43 Sec 203.....       221
    Fisheries Act of 1995--Continued
      Northwest Atlantic Fisheries
       Convention Act of 1995--
       Continued
        Secretary of State authorities.  PL 104-43 Sec 204.....       222
        U.S. representation............  PL 104-43 Sec 202.....       220
      Yukon River Salmon Act
        Administrative matters.........  PL 104-43 Sec 709.....       234
        Advisory Committee.............  PL 104-43 Sec 705.....       233
        Appropriations authorization...  PL 104-43 Sec 710.....       234
        Authority and responsibility...  PL 104-43 Sec 707.....       234
        Continuation of agreement......  PL 104-43 Sec 708.....       234
        Definitions....................  PL 104-43 Sec 703.....       232
        Exemption......................  PL 104-43 Sec 706.....       233
        Panel..........................  PL 104-43 Sec 704.....       232
        Purposes.......................  PL 104-43 Sec 702.....       232
    Fishermen's Protective Act of 1967.  PL 83-680.............       374
      Appropriations authorization.....  PL 83-680 Sec 6.......       378
      Compensation for vessel and gear   PL 83-680 Sec 240.....       389
       damage.
      Definitions......................  PL 83-680 Sec 10......       384
      Fees for transit passage.........  PL 83-680 Sec 11......       387
      Fees for vessel seizure..........  PL 83-680 Sec 3.......       376
      Fishermen's Protective Fund......  PL 83-680 Sec 9.......       383
      Secretary of Commerce............  PL 83-680 Sec 8.......       380
      Secretary of State...............  PL 83-680 Sec 5.......       377
                                         PL 83-680 Sec 12......       388
      Treatment of seized vessels......  PL 83-680 Sec 7.......       378
      Vessel seizure
        Basis of claims to jurisdiction  PL 83-680 Sec 2.......       375
        By countries at war with the     PL 83-680 Sec 4.......       377
         United States.
    Fishery agreements. See
     International fishery agreements
    Fishery Conservation Amendments of   PL 101-627............        63
     1990.
      Certificate of legal origin for    PL 101-627 sec 801....        64
       anadromous fish products.
    Fishery conservation and
     management. See Magnuson-Stevens
     Fishery Conservation and
     Management Act
    Fishery Conservation Zone            PL 95-6...............        66
     Transition Act.
      Congressional approval of          PL 95-6 Sec 2.........        67
       international fishery agreements.
      Reciprocal fisheries agreement     PL 95-6 Sec 5.........        70
       between the United States and
       Canada.
    Fishing and fisheries. See Law of
     the Sea; Maritime legislation
    FOIA. See Freedom of Information
     Act
    Foreign affairs functions..........  EO 13345 Sec 1........       516
      Government appointees to the       EO 13345 Sec 4........       517
       Enterprise for the Americas
       Board.
      Performance of functions.........  EO 13345 Sec 5........       518
      Secretary of State...............  EO 13345 Sec 2........       517
      Secretary of Treasury............  EO 13345 Sec 1........       516
      USAID recommendation.............  EO 13345 Sec 3........       517
    Foreign agents
      Agents of foreign governments....  18 USC Sec 951........      1178
      Foreign  Agents  Registration      PL 75-583.............      1161
       Act  of  1938.
        Applicability of Act...........  PL 75-583 Sec 9.......      1175
        Books and records..............  PL 75-583 Sec 5.......      1172
        Definitions....................  PL 75-583 Sec 1.......      1161
        Enforcement and penalties......  PL 75-583 Sec 8.......      1173
        Exemptions.....................  PL 75-583 Sec 3.......      1168
        Liability of officers..........  PL 75-583 Sec 7.......      1173
        Political propaganda filing and  PL 75-583 Sec 4.......      1170
         labeling.
        Public examination of official   PL 75-583 Sec 6.......      1172
         record.
        Registration...................  PL 75-583 Sec 2.......      1165
    Foreign agents--Continued
      Foreign Agents Registration Act
       of 1938--Continued
        Reports........................  PL 75-583 Sec 11......      1175
        Rules and regulations..........  PL 75-583 Sec 10......      1175
        Separability of provisions.....  PL 75-583 Sec 12......      1175
      U.S. public officials and          18 USC Sec 219........      1176
       employees acting as agents of
       foreign principals.
    Foreign Agents Registration Act of   PL 75-583.............      1161
     1938.
      Applicability of Act.............  PL 75-583 Sec 9.......      1175
      Books and records................  PL 75-583 Sec 5.......      1172
      Definitions......................  PL 75-583 Sec 1.......      1161
      Enforcement and penalties........  PL 75-583 Sec 8.......      1173
      Exemptions.......................  PL 75-583 Sec 3.......      1168
      Liability of officers............  PL 75-583 Sec 7.......      1173
      Political propaganda filing and    PL 75-583 Sec 4.......      1170
       labeling.
      Public examination of official     PL 75-583 Sec 6.......      1172
       record.
      Registration.....................  PL 75-583 Sec 2.......      1165
      Reports..........................  PL 75-583 Sec 11......      1175
      Rules and regulations............  PL 75-583 Sec 10......      1175
      Separability of provisions.......  PL 75-583 Sec 12......      1175
    Foreign Assistance Act of 1961.....  PL 87-195.............       469
      Debt-for-nature exchanges
        Assistance for commercial        PL 87-195 Sec 462.....       476
         exchanges.
        Definition.....................  PL 87-195 Sec 461.....       476
        Eligible countries.............  PL 87-195 Sec 464.....       477
        Eligible projects..............  PL 87-195 Sec 463.....       476
        Pilot program for sub-Saharan    PL 87-195 Sec 466.....       478
         Africa.
        Terms and conditions...........  PL 87-195 Sec 465.....       477
      Endangered species...............  PL 87-195 Sec 119.....       473
      Environment and natural resources  PL 87-195 Sec 117.....       469
      Independent states of the former
       Soviet Union
        Energy and environment program   PL 87-195 Sec 498.....       478
         assistance.
      Tropical forests.................  PL 87-195 Sec 118.....       470
    Foreign governments
      Private correspondence...........  PL 80-772.............      1226
    Foreign Intelligence
      Committee on.....................  PL 80-253 Sec 101(h)..      1195
    Foreign Operations, Export
     Financing, and Related Programs
     Appropriations Act, 1990
      Global warming initiative........  PL 101-167 Sec 534....       493
    Foreign Operations, Export           PL 101-513............       487
     Financing, and Related Programs
     Appropriations Act, 1991.
      Environment and global warming...  PL 101-513 Sec 533....       487
      International Forestry
       Cooperation
        Administrative provisions......  PL 101-513 Sec 609....       492
        Appropriations authorization...  PL 101-513 Sec 610....       492
        Forestry and natural resource    PL 101-513 Sec 602....       491
         assistance.
        Institute of Tropical Forestry.  PL 101-513 Sec 604....       492
        Tropical deforestation plan....  PL 101-513 Sec 603....       491
    Foreign Operations, Export
     Financing, and Related Programs
     Appropriations Act, 1993
      Environment programs.............  PL 102-391 Sec 532....       483
    Foreign Operations, Export
     Financing, and Related Programs
     Appropriations Act, 2004
      Environment programs.............  PL 108-9 Sec 555......       481
    Foreign Relations Authorization      PL 95-426.............       519
     Act, FY 1979.
    Foreign Relations Authorization
     Act, FY 1979--Continued
      Science, technology, and American
       diplomacy
        Declaration of policy..........  PL 95-426 Sec 502.....       520
        Findings.......................  PL 95-426 Sec 501.....       519
        Presidential responsibilities..  PL 95-426 Sec 503.....       520
        Secretary of State               PL 95-426 Sec 504.....       521
         responsibilities.
    Foreign Relations Authorization      PL 99-93..............       900
     Act, FY 1986 and 1987.
      Iran claims settlement
        Bloc settlement................  PL 99-93 Sec 503......       901
        Confidentiality of records.....  PL 99-93 Sec 505......       901
        Deductions from arbitral awards  PL 99-93 Sec 502......       901
        Receipt and determination of     PL 99-93 Sec 501......       900
         claims.
        Reimbursement to the Federal     PL 99-93 Sec 504......       901
         Reserve Bank of New York.
    Foreign Relations Authorization      PL 102-138............       838
     Act, FY 1992 and 1993.
      British-American
       Interparliamentary Group
        Appointment of members.........  PL 102-138 Sec 168(b).       838
        Certification of expenditures..  PL 102-138 Sec 168(e).       839
        Chair and Vice Chair...........  PL 102-138 Sec 168(c).       838
        Funding........................  PL 102-138 Sec 168(d).       839
        Meetings.......................  PL 102-138 Sec 168(a).       838
        Report.........................  PL 102-138 Sec 168(f).       839
      Conference on Security and
       Cooperation in Europe
        U.S. delegation................  PL 102-138 Sec 169....       839
    Foreign Service enlistment.........  18 USC Sec 959........      1187
    Forest Resources Conservation and    PL 101-382............       668
     Shortage Relief Act of 1990.
      Eastern hardwoods study..........  PL 101-382 Sec 498....       670
      Export Administration Act of 1979  PL 101-382 Sec 499....       671
       authority.
      Export restriction of unprocessed  PL 101-382 Sec 491....       669
       timber.
      Findings.........................  PL 101-382 Sec 487(a).       668
      Purposes.........................  PL 101-382 Sec 487(b).       668
    Forestry
      Global climate change study......  PL 101-624 Sec 2403...       651
      Institutes of Tropical Forestry..  PL 101-624 Sec 2407...       653
      Office of International Forestry.  PL 101-624 Sec 2405...       652
      Urban forestry demonstration       PL 101-624 Sec 2409...       653
       projects.
    Forests. See Tropical forests
    Freedom for Russia and Emerging
     Eurasian Democracies and Open
     Markets Support Act of 1992. See
     FREEDOM Support Act of 1992
    Freedom of Information Act
      Expedited processing of Nazi war   PL 105-246 Sec 4......      1295
       crimes disclosure requests.
    FREEDOM Support Act of 1992........  PL 102-511............       497
                                         ......................       798
      Acquisition of space hardware,     PL 102-511 Sec 601....       798
       technology and services from the
       former Soviet Union.
      American Business Centers........  PL 102-511 Sec 301....       497
      Definitions......................  PL 102-511 Sec 604....       799
      Export promotion activities and    PL 102-511 Sec 303....       499
       capital projects funding.
      Independent states definition....  PL 102-511 Sec 3......       497
      Office of Space Commerce.........  PL 102-511 Sec 602....       798
      Report...........................  PL 102-511 Sec 603....       799
      Trade Promotion Coordinating       PL 102-511 Sec 304....       500
       Committee interagency working
       group on energy.
    Freely Associated State Affairs
      Interagency Group and Office.....  EO 12569 Sec 3........      1153
      U.S. Representatives.............  EO 12569 Sec 4........      1154

                                        G

    GAO. See Government Accountability
     Office
    Geese
      Force and effect of rules to       PL 106-108 Sec 3......       807
       control overabundant mid-
       continent populations.
    General Accounting Office. See
     Government Accountability Office
    German Democratic Republic
      Governing international fishery    PL 100-350 Sec 1......       120
       agreements.
      International claims settlement
        Application of other laws......  PL 81-455 Sec 613.....       894
        Appropriations.................  PL 81-455 Sec 611.....       893
        Award payment procedures.......  PL 81-455 Sec 608.....       893
        Claims Fund....................  PL 81-455 Sec 607.....       892
        Consolidated awards............  PL 81-455 Sec 606.....       892
        Corporate claims...............  PL 81-455 Sec 604.....       891
        Definitions....................  PL 81-455 Sec 601.....       890
        Fees for services..............  PL 81-455 Sec 612.....       894
        Offsets........................  PL 81-455 Sec 605.....       892
        Ownership of claims............  PL 81-455 Sec 603.....       891
        Protests.......................  PL 81-455 Sec 615.....       894
        Purpose........................  PL 81-455 Sec 600.....       890
        Receipt and determination of     PL 81-455 Sec 602.....       891
         claims.
        Separability...................  PL 81-455 Sec 614.....       894
        Settlement period..............  PL 81-455 Sec 609.....       893
        Transfer of records............  PL 81-455 Sec 610.....       893
    Global change
      International Cooperation in
       Global Change Research Act of
       1990
        Findings.......................  PL 101-606 Sec 202(a).       572
        Global Change Research           PL 101-606 Sec 204....       574
         Information Office.
        International discussions......  PL 101-606 Sec 203....       573
        Purposes.......................  PL 101-606 Sec 202(b).       572
    Global Change Research Act of 1990.  PL 101-606............       655
      Budget coordination..............  PL 101-606 Sec 105....       660
      Committee on Earth and             PL 101-606 Sec 102....       656
       Environmental Sciences.
      Definitions......................  PL 101-606 Sec 2......       655
      Findings.........................  PL 101-606 Sec 101(a).       656
      National Global Change Research    PL 101-606 Sec 104....       658
       Plan.
      Purpose..........................  PL 101-606 Sec 101(b).       656
      Relation to other authorities....  PL 101-606 Sec 108....       661
      Report...........................  PL 101-606 Sec 107....       661
      Scientific assessment............  PL 101-606 Sec 106....       660
      United States Global Change        PL 101-606 Sec 103....       658
       Research Program.
    Global climate change. See Climate
     change
    Global Climate Change Prevention     PL 101-624............       650
     Act of 1990.
      Agriculture and forestry study...  PL 101-624 Sec 2403...       651
      Appropriations authorization.....  PL 101-624 Sec 2412...       654
      Biomass energy demonstration       PL 101-624 Sec 2410...       653
       projects.
      Global Climate Change Program....  PL 101-624 Sec 2402...       650
      Institutes of Tropical Forestry..  PL 101-624 Sec 2407...       653
      Interagency cooperation to         PL 101-624 Sec 2411...       654
       maximize biomass growth.
      Line item........................  PL 101-624 Sec 2406...       653
      Office of International Forestry.  PL 101-624 Sec 2405...       652
      Urban forestry demonstration       PL 101-624 Sec 2409...       653
       projects.
    Global Climate Protection Act of     PL 100-204............       674
     1987.
    Global Climate Protection Act of
     1987--Continued
      Findings.........................  PL 100-204 Sec 1102...       674
      International Year of Global       PL 100-204 Sec 1105...       676
       Climate Protection.
      Mandate for action...............  PL 100-204 Sec 1103...       675
      Report...........................  PL 100-204 Sec 1104...       675
      U.S. relations with the            PL 100-204 Sec 1106...       676
       independent states of the former
       Soviet Union.
    Global Environmental Protection
     Assistance Act of 1989
      Appropriations authorization.....  PL 101-240 Sec 738....       626
      Definitions......................  PL 101-240 Sec 731....       622
      Fellowship and exchange programs.  PL 101-240 Sec 737....       626
      Greenhouse Gas Intensity Reducing  PL 101-240 Sec 735....       625
       Technology Export Initiative.
      Greenhouse gas intensity           PL 101-240 Sec 732....       622
       reduction.
      Negotiations.....................  PL 101-240 Sec 722....       621
      Policy...........................  PL 101-240 Sec 721....       621
      Technology demonstration projects  PL 101-240 Sec 736....       625
      Technology inventory for           PL 101-240 Sec 733....       624
       developing countries.
      Trade-related barriers to export   PL 101-240 Sec 734....       624
       of technologies.
    Global positioning system
      Standards promotion..............  PL 105-303 Sec 104....       787
    Global warming
      Energy assistance................  PL 101-167 Sec 534(b).       493
      Environment......................  PL 101-513 Sec 533....       487
      Export-Import Bank...............  PL 101-167 Sec 534(d).       496
      Foreign Operations, Export         PL 101-513 Sec 533....       487
       Financing, and Related Programs
       Appropriations Act, 1991.
      Reports and authorities..........  PL 101-167 Sec 534(c).       495
      Tropical forestry assistance.....  PL 101-167 Sec 534(a).       493
    Good Neighbor Environmental Board..  PL 102-532 Sec 6......       504
    Government Accountability Office
      National security education        PL 102-183 Sec 807....      1248
       audits.
    Great Ape Conservation Act of 2000.  PL 106-411............       529
      Appropriations authorization.....  PL 106-411 Sec 6......       534
      Assistance.......................  PL 106-411 Sec 4......       531
      Definitions......................  PL 106-411 Sec 3......       530
      Findings.........................  PL 106-411 Sec 2(a)...       529
      Fund.............................  PL 106-411 Sec 5......       533
      Purposes.........................  PL 106-411 Sec 2(b)...       530
    Great Lakes
      U.S.-Canada oil spill cooperation  PL 101-380 Sec 3002...       126
    Greenhouse gases
      Alternative policy mechanisms for  PL 102-486 Sec 1604...       421
       emissions.
      Global Environmental Protection
       Assistance Act of 1989
        Appropriations authorization...  PL 101-240 Sec 738....       626
        Definitions....................  PL 101-240 Sec 731....       622
        Fellowship and exchange          PL 101-240 Sec 737....       626
         programs.
        Greenhouse Gas Intensity         PL 101-240 Sec 735....       625
         Reducing Technology Export
         Initiative.
        Intensity reducing technology    PL 101-240 Sec 733....       624
         inventory for developing
         countries.
        Intensity reduction in           PL 101-240 Sec 732....       622
         developing countries.
        Technology demonstration         PL 101-240 Sec 736....       625
         projects.
        Trade-related barriers to        PL 101-240 Sec 734....       624
         export of intensity reducing
         technologies.
      Intensity reducing strategies....  PL 102-486 Sec 1610...       428
      National inventory...............  PL 102-486 Sec 1605(a)       422
      Reporting........................  PL 102-486 Sec 1605(b)       422
                                        H

    Hard minerals. See Deep Seabed Hard
     Mineral Resources Act
    High Seas Driftnet Fisheries         PL 102-582............       266
     Enforcement Act.
      Central Bering Sea Fisheries
       Enforcement Act of 1992
        Definitions....................  PL 102-582 Sec 306....       274
        Duration of restrictions.......  PL 102-582 Sec 304....       273
        Exclusive economic zone fishing  PL 102-582 Sec 305....       273
         restriction.
        Port privileges denial.........  PL 102-582 Sec 303....       272
        Prohibition applicable to U.S.   PL 102-582 Sec 302....       272
         vessels and nationals.
        Termination....................  PL 102-582 Sec 307....       275
      Findings.........................  PL 102-582 Sec 2(a)...       266
      Fisheries conservation programs
        Enforcement....................  PL 102-582 Sec 202....       271
        Trade negotiations and the       PL 102-582 Sec 203....       271
         environment, sense of Congress.
      Intermediary nations involved in   PL 102-582 Sec 401....       275
       export of tuna products.
      Large-scale driftnet fishing
        Definitions....................  PL 102-582 Sec 104....       270
        Duration of restrictions.......  PL 102-582 Sec 102....       270
        Marine Mammal Protection Act of  PL 102-582 Sec 103....       270
         1972 requirements.
        Port privileges denial.........  PL 102-582 Sec 101(a).       268
        Sanctions......................  PL 102-582 Sec 101(b).       268
      Policy...........................  PL 102-582 Sec 2(b)...       267
      Reemployment rights extension      PL 102-582 Sec 402....       275
       authority.
    High Seas Driftnet Fishing           PL 104-43 Sec 602.....       230
     Moratorium Protection Act.
      Certification....................  PL 104-43 Sec 605.....       231
      Enforcement......................  PL 104-43 Sec 606.....       231
      Findings.........................  PL 104-43 Sec 602.....       230
      Negotiations.....................  PL 104-43 Sec 604.....       231
      Prohibition......................  PL 104-43 Sec 603.....       231
    High Seas Fishing Compliance Act of  PL 104-43.............       209
     1995.
      Civil penalties..................  PL 104-43 Sec 108.....       216
      Criminal offenses................  PL 104-43 Sec 109.....       218
      Definitions......................  PL 104-43 Sec 103.....       209
      Enforcement provisions...........  PL 104-43 Sec 107.....       214
      Forfeitures......................  PL 104-43 Sec 110.....       218
      Permit sanctions.................  PL 104-43 Sec 108.....       216
      Permitting.......................  PL 104-43 Sec 104.....       211
      Purpose..........................  PL 104-43 Sec 102.....       209
      Responsibilities of the Secretary  PL 104-43 Sec 105.....       213
      Unlawful activities..............  PL 104-43 Sec 106.....       214
    Highly migratory species
      International fishery agreements.  PL 94-265 Sec 202(e)..        27
      Research.........................  PL 96-339 Sec 3.......       192
    Holocaust
      U.S. Holocaust Assets Commission   PL 105-186............      1298
       Act of 1998.
        Administrative support services  PL 105-186 Sec 6......      1304
        Appropriations authorization...  PL 105-186 Sec 9......      1304
        Duties.........................  PL 105-186 Sec 3......      1299
        Establishment..................  PL 105-186 Sec 2......      1298
        Personnel matters..............  PL 105-186 Sec 5......      1302
        Powers.........................  PL 105-186 Sec 4......      1301
        Provisions.....................  PL 105-186 Sec 8......      1304
        Termination....................  PL 105-186 Sec 7......      1304
    Holocaust Victims Redress Act......  PL 105-158............      1305

    Holocaust Victims Redress Act--
     Continued
      Heirless assets
        Distributions by the Tripartite  PL 105-158 Sec 102....      1306
         Gold Commission.
        Findings.......................  PL 105-158 Sec 101(a).      1305
        Fulfillment of obligation of     PL 105-158 Sec 103....      1307
         the United States.
        Purposes.......................  PL 105-158 Sec 101(b).      1306
      Works of art
        Findings.......................  PL 105-158 Sec 201....      1307
        Restitution of private           PL 105-158 Sec 202....      1307
         property, sense of Congress.
    House interparliamentary groups.
     See Interparliamentary groups
      Travel abroad reporting            PL 86-628 Sec 105.....       825
       requirements.
    Human rights
      U.S. Government opposition to the  PL 98-447.............      1286
       practice of torture.
    Human welfare
      International Financial
       Institutions Act
        Debt-for-development swaps.....  PL 95-118 Sec 1608....       614
        Multilateral development banks   PL 95-118 Sec 1614....       616
         and debt-for-nature exchanges.
        Promotion of institution-        PL 95-118 Sec 1616....       618
         building for non-governmental
         organizations.
        Promotion of lending for the     PL 95-118 Sec 1615....       617
         environment.
    Hungary
      Environmental initiatives........  PL 101-179 Sec 502....       501
      Environmental problems, report...  PL 101-179 Sec 703....       503
      International claims settlement
        Appropriations authorization...  PL 81-455 Sec 315.....       878
        Certification..................  PL 81-455 Sec 203.....       860
                                         PL 81-455 Sec 308.....       875
        Claims.........................  PL 81-455 Sec 311.....       877
          Against foreign governments..  PL 81-455 Sec 313.....       878
          Amounts......................  PL 81-455 Sec 307.....       875
          Claimants....................  PL 81-455 Sec 207.....       861
          Funds........................  PL 81-455 Sec 309.....       875
          Validity.....................  PL 81-455 Sec 303.....       872
        Definitions....................  PL 81-455 Sec 201.....       859
                                         PL 81-455 Sec 301.....       870
        Designated officer or agency...  PL 81-455 Sec 209.....       867
        Finality of Claims Settlement    PL 81-455 Sec 314.....       878
         Commission actions.
        Funds creation.................  PL 81-455 Sec 302.....       871
        Jurisdiction...................  PL 81-455 Sec 206.....       861
        Liability......................  PL 81-455 Sec 205.....       861
        Liens..........................  PL 81-455 Sec 214.....       869
        Liquidation....................  PL 81-455 Sec 213.....       868
        Payments.......................  PL 81-455 Sec 208.....       863
                                         PL 81-455 Sec 306.....       874
                                         PL 81-455 Sec 310.....       875
                                         PL 81-455 Sec 317.....       878
        Recording conveyances..........  PL 81-455 Sec 204.....       861
        Returns........................  PL 81-455 Sec 211.....       867
        Settlement period..............  PL 81-455 Sec 316.....       878
        Suits..........................  PL 81-455 Sec 211.....       867
        Trading With the Enemy Act       PL 81-455 Sec 216.....       869
         provisions.
        Vested property................  PL 81-455 Sec 202.....       859
        Vesting officers or agencies...  PL 81-455 Sec 212.....       867
        Violations.....................  PL 81-455 Sec 215.....       869
    Hungary--Continued
      International claims settlement--
       Continued
        Violations--Continued
                                         PL 81-455 Sec 312.....       878

                                        I

    ICCAT. See International Commission
     for the Conservation of Atlantic
     Tunas
    Iceland
      Governing international fishery    PL 98-623 Title I.....       123
       agreements.
    IDFA. See International Development
     and Finance Act of 1989
    IFI Act. See International
     Financial Institutions Act
    Implementation of Covenant with the  Proc 5564.............      1156
     Commonwealth of the Northern
     Mariana Islands and the Compacts
     of Free Association, 1986
    Imports
      Exotic birds moratoria...........  PL 102-440 Sec 105....       561
    Independent states of the former
     Soviet Union
      Energy and environment program     PL 87-195 Sec 498.....       478
       assistance.
      Global climate protection and      PL 100-204 Sec 1106...       676
       U.S. relations.
      Space cooperation with the former  PL 102-588 Sec 218....       769
       Soviet Union.
    Inspector General Act of 1978......  PL 95-452.............      1251
      Agency for International           PL 95-452 Sec 8A......      1263
       Development provisions.
      Appointment of Inspector General.  PL 95-452 Sec 3.......      1251
      Authorities......................  PL 95-452 Sec 6.......      1257
      Complaints by employees..........  PL 95-452 Sec 7.......      1260
      Duties and responsibilities......  PL 95-452 Sec 4.......      1252
                                         PL 95-452 Sec 8.......      1261
      Purpose and establishment of       PL 95-452 Sec 2.......      1251
       Offices of Inspector General.
      Reports..........................  PL 95-452 Sec 5.......      1253
    Intelligence
      Accountability for activities
        Congressional oversight          PL 80-253 Sec 501.....      1202
         provisions.
        Funding........................  PL 80-253 Sec 504.....      1206
        Notice to Congress of transfer   PL 80-253 Sec 505.....      1208
         of defense articles and
         services.
        Presidential approval and        PL 80-253 Sec 503.....      1204
         reporting of covert actions.
        Reporting other than covert      PL 80-253 Sec 502.....      1203
         actions.
      Aviation security................  49 USC Sec 44911......       705
      Diplomatic intelligence support    PL 80-253 Sec 115.....      1201
       centers limitation.
      Federal Government research on     PL 108-487 Sec 375....      1215
       security evaluations
       coordination.
      Federal laws implementing          PL 80-253 Sec 1101....      1209
       international treaties and
       agreements, applicability.
      Intelligence sharing with the      PL 80-253 Sec 112.....      1200
       United Nations, restrictions.
      Joint Intelligence Community       PL 80-253 Sec 101A....      1197
       Council.
      Kosova Liberation Army, report...  PL 106-120 Sec 312....      1210
      National Security Council          PL 80-253 Sec 101(h)..      1195
       Committee on Foreign
       Intelligence.
      National Security Council          PL 80-253 Sec 101(j)..      1196
       Director of National
       Intelligence.
    Intelligence--Continued
      Permanent Select Committee on      House Rule X Clause 11      1229
       Intelligence.
      Report...........................  PL 80-253 Sec 109.....      1199
      Select Committee on Intelligence,  S. Res. 400...........      1227
       establishment.
      State Department handling,         PL 106-567 Sec 309....      1212
       retention and storage of
       classified materials.
      State Department protection of     PL 107-306 Sec 832....      1214
       classified materials policies
       and procedures.
    Intercontinental ballistic missiles
      Use of excess in commercial space  PL 105-303 Sec 205....       790
       transportation program.
    Interior appropriations for Compact
     of Free Association
      Appropriations authorization.....  PL 109-54.............      1091
    Interior appropriations for Trust
     Territory of the Pacific Islands
      Assistance to territories........  PL 109-54 Title I.....       922
    International Civil Aviation
     Organization
      Consideration of aviation          PL 101-604 Sec 215....       754
       security proposal.
      Standards enforcement............  PL 99-83 Sec 554......       755
    International Claims Settlement Act  PL 81-455.............       848
     of 1949.
      Action of Commission with respect  PL 81-455 Sec 507.....       888
       to claims.
      Application of other laws........  PL 81-455 Sec 509.....       888
      Appropriations authorization.....  PL 81-455 Sec 9.......       859
                                         PL 81-455 Sec 511.....       888
      Authorities......................  PL 81-455 Sec 3.......       849
      Bulgarian, Hungarian and Rumanian
       property.
        Certification..................  PL 81-455 Sec 203.....       860
        Claimants......................  PL 81-455 Sec 207.....       861
        Definitions....................  PL 81-455 Sec 201.....       859
        Designated officer or agency...  PL 81-455 Sec 209.....       867
        Jurisdiction...................  PL 81-455 Sec 206.....       861
        Liability......................  PL 81-455 Sec 205.....       861
        Liens..........................  PL 81-455 Sec 214.....       869
        Liquidation....................  PL 81-455 Sec 213.....       868
        Payments.......................  PL 81-455 Sec 208.....       863
        Recording conveyances..........  PL 81-455 Sec 204.....       861
        Returns........................  PL 81-455 Sec 211.....       867
        Suits..........................  PL 81-455 Sec 210.....       867
        Trading With the Enemy Act       PL 81-455 Sec 216.....       869
         provisions.
        Vested property................  PL 81-455 Sec 202.....       859
        Vesting officers or agencies...  PL 81-455 Sec 212.....       867
        Violations.....................  PL 81-455 Sec 215.....       869
      Certification....................  PL 81-455 Sec 5.......       854
      Claims against Bulgaria, Hungary,
       Rumania, Italy and the Soviet
       Union
        Appropriations authorization...  PL 81-455 Sec 315.....       878
        Certification..................  PL 81-455 Sec 308.....       875
        Claims.........................  PL 81-455 Sec 311.....       877
          Against foreign governments..  PL 81-455 Sec 313.....       878
          Amounts......................  PL 81-455 Sec 307.....       875
          Claimants....................  PL 81-455 Sec 207.....       861
          Funds........................  PL 81-455 Sec 309.....       875
          Validity.....................  PL 81-455 Sec 303.....       872
                                         PL 81-455 Sec 304.....       872
                                         PL 81-455 Sec 305.....       874
        Definitions....................  PL 81-455 Sec 301.....       870
        Finality of Commission actions.  PL 81-455 Sec 314.....       878
        Funds creation.................  PL 81-455 Sec 302.....       871
        Payments.......................  PL 81-455 Sec 306.....       874
    International Claims Settlement Act
     of 1949--Continued
      Claims against Bulgaria, Hungary,
       Rumania, Italy and the Soviet
       Union--Continued
        Payments--Continued
                                         PL 81-455 Sec 310.....       875
                                         PL 81-455 Sec 317.....       879
        Settlement period..............  PL 81-455 Sec 316.....       878
        Violations.....................  PL 81-455 Sec 312.....       878
      Claims against Cuba and the
       Chinese Communist regime
        Definitions....................  PL 81-455 Sec 502.....       885
        Purpose........................  PL 81-455 Sec 501.....       885
      Claims against Czechoslovakia
        Applicable provisions..........  PL 81-455 Sec 416.....       884
        Appropriations authorization...  PL 81-455 Sec 417.....       884
        Award amounts..................  PL 81-455 Sec 407.....       882
        Certification..................  PL 81-455 Sec 410.....       883
        Claims Fund....................  PL 81-455 Sec 402.....       880
        Definitions....................  PL 81-455 Sec 401.....       879
        Judicial relief................  PL 81-455 Sec 403.....       881
        Ownership interest.............  PL 81-455 Sec 406.....       882
        Payments.......................  PL 81-455 Sec 413.....       883
        Property ownership.............  PL 81-455 Sec 405.....       882
        Public notice..................  PL 81-455 Sec 411.....       883
        Records........................  PL 81-455 Sec 415.....       884
        Remuneration...................  PL 81-455 Sec 414.....       884
        Settlement period..............  PL 81-455 Sec 412.....       883
        Validity of claims.............  PL 81-455 Sec 404.....       881
        Vested claims..................  PL 81-455 Sec 408.....       882
        Violations.....................  PL 81-455 Sec 409.....       883
      Claims against the German
       Democratic Republic
        Application of other laws......  PL 81-455 Sec 613.....       894
        Appropriations.................  PL 81-455 Sec 611.....       893
        Award payment procedures.......  PL 81-455 Sec 608.....       893
        Claims Fund....................  PL 81-455 Sec 607.....       892
        Consolidated awards............  PL 81-455 Sec 606.....       892
        Corporate claims...............  PL 81-455 Sec 604.....       891
        Definitions....................  PL 81-455 Sec 601.....       890
        Fees for services..............  PL 81-455 Sec 612.....       894
        Offsets........................  PL 81-455 Sec 605.....       892
        Ownership of claims............  PL 81-455 Sec 603.....       891
        Protests.......................  PL 81-455 Sec 615.....       894
        Purpose........................  PL 81-455 Sec 600.....       890
        Receipt and determination of     PL 81-455 Sec 602.....       891
         claims.
        Separability...................  PL 81-455 Sec 614.....       894
        Settlement period..............  PL 81-455 Sec 609.....       893
        Transfer of records............  PL 81-455 Sec 610.....       893
      Claims against Vietnam
        Application of other provisions  PL 81-455 Sec 715.....       899
        Appropriations authorization...  PL 81-455 Sec 713.....       899
        Assigned claims................  PL 81-455 Sec 707.....       897
        Award payment procedures.......  PL 81-455 Sec 710.....       898
        Certification..................  PL 81-455 Sec 707.....       897
        Claims Fund....................  PL 81-455 Sec 709.....       898
        Consolidated awards............  PL 81-455 Sec 708.....       897
        Corporate claims...............  PL 81-455 Sec 705.....       896
        Definitions....................  PL 81-455 Sec 702.....       895
        Fees for services..............  PL 81-455 Sec 714.....       899
        Offsets........................  PL 81-455 Sec 706.....       897
        Ownership of claims............  PL 81-455 Sec 704.....       896
        Purpose........................  PL 81-455 Sec 701.....       895
        Receipt and determination of     PL 81-455 Sec 703.....       896
         claims.
        Separability...................  PL 81-455 Sec 716.....       899
        Settlement period..............  PL 81-455 Sec 711.....       898
        Transfer of records............  PL 81-455 Sec 712.....       898
    International Claims Settlement Act
     of 1949--Continued
      Corporate claims.................  PL 81-455 Sec 505.....       887
      Definitions......................  PL 81-455 Sec 2.......       848
      Fees for services................  PL 81-455 Sec 512.....       889
      Foreign Claims Settlement          PL 81-455 Sec 515.....       889
       Commission certification
       procedure.
      Jurisdiction.....................  PL 81-455 Sec 4.......       850
      Offsets..........................  PL 81-455 Sec 506.....       888
      Ownership of claims..............  PL 81-455 Sec 504.....       886
                                         PL 81-455 Sec 514.....       889
      Payments.........................  PL 81-455 Sec 7.......       854
      Receipt of claims................  PL 81-455 Sec 503.....       886
      Separability.....................  PL 81-455 Sec 513.....       889
      Settlement period................  PL 81-455 Sec 510.....       888
      Transfer of records..............  PL 81-455 Sec 508.....       888
      Yugoslav Claims Agreement........  PL 81-455 Sec 6.......       854
      Yugoslav Claims Fund.............  PL 81-455 Sec 8.......       856
    International Commission for the
     Conservation of Atlantic Tunas
      Negotiations, sense of Congress..  PL 104-43 Sec 311.....       228
    International conferences
      Requirements relating to funding.  PL 99-415 Sec 7.......       834
    International Cooperation in Global  PL 101-606............       572
     Change Research Act of 1990.
      Discussions......................  PL 101-606 Sec 203....       573
      Findings.........................  PL 101-606 Sec 202(a).       572
      Global Change Research             PL 101-606 Sec 204....       574
       Information Office.
      Purposes.........................  PL 101-606 Sec 202(b).       572
    International cooperation to
     protect biological diversity
      Report...........................  PL 100-530 Sec 2......       578
      Statement of policies............  PL 100-530............       578
    International Development and        PL 101-240............       620
     Finance Act of 1989.
      Environmental policy and           PL 101-240 Sec 511....       620
       international debt exchanges,
       sense of Congress.
      Multilateral foreign assistance
       coordination
        Negotiations...................  PL 101-240 Sec 722....       621
        Policy.........................  PL 101-240 Sec 721....       621
      Technology deployment in
       developing countries
        Appropriations authorization...  PL 101-240 Sec 738....       626
        Definitions....................  PL 101-240 Sec 731....       622
        Fellowship and exchange          PL 101-240 Sec 737....       626
         programs.
        Greenhouse Gas Intensity         PL 101-240 Sec 735....       625
         Reducing Technology Export
         Initiative.
        Greenhouse gas intensity         PL 101-240 Sec 732....       622
         reduction.
        Inventory......................  PL 101-240 Sec 733....       624
        Technology demonstration         PL 101-240 Sec 736....       625
         projects.
        Trade-related barriers to        PL 101-240 Sec 734....       624
         export of technologies.
    International Dolphin Conservation   PL 102-523............       250
     Act of 1992.
    International Dolphin Conservation   PL 92-522.............       236
     Program.
      Establishment of.................  PL 92-522 Sec 302.....       238
      Findings.........................  PL 92-522 Sec 301(a)..       236
      Permits..........................  PL 92-522 Sec 306.....       243
      Policy...........................  PL 92-522 Sec 301(b)..       237
      Prohibitions.....................  PL 92-522 Sec 307.....       245
      Regulatory authority of the        PL 92-522 Sec 303.....       239
       Secretary.
      Reports..........................  PL 92-522 Sec 305.....       243
      Research.........................  PL 92-522 Sec 304.....       241
    International Dolphin Conservation
     Program Act
      Purposes and findings............  PL 105-42 Sec 2.......       248
    International Environmental
     Protection Act of 1983
      Exchange programs................  PL 98-164 Sec 703.....       677
      International wildlife resources   PL 98-164 Sec 704.....       677
       conservation.
    International financial
     institutions
      Bretton Woods Agreements Act
        Alleviating adverse impacts of   PL 79-171 Sec 55......       604
         Fund programs on the poor and
         the environment.
        Fund policy changes............  PL 79-171 Sec 59......       604
    International Financial              PL 95-118.............       607
     Institutions Act.
      Environment, public health and     PL 95-118 Sec 1703....       619
       indigenous people, report.
      Environmental issues
        Assistance program management..  PL 95-118 Sec 1302....       608
        Assistance proposals...........  PL 95-118 Sec 1306....       609
        Assistance proposals review....  PL 95-118 Sec 1303....       608
        Cooperative information          PL 95-118 Sec 1304....       609
         exchange.
        Educational programs...........  PL 95-118 Sec 1305....       609
        Findings.......................  PL 95-118 Sec 1301....       607
        Multilateral development bank    PL 95-118 Sec 1307....       610
         actions impact assessment.
      Human welfare
        Debt-for-development swaps.....  PL 95-118 Sec 1608....       614
        Multilateral development banks   PL 95-118 Sec 1614....       616
         and debt-for-nature exchanges.
        Promotion of institution-        PL 95-118 Sec 1616....       618
         building for non-governmental
         organizations.
        Promotion of lending for the     PL 95-118 Sec 1615....       617
         environment.
      Negotiations.....................  PL 95-118 Sec 1501....       613
    International fishery agreements.
     See also Law of the Sea
      Atlantic herring transshipment...  PL 104-297 Sec 105(e).        61
      Boundary negotiations............  PL 94-265 Sec 202(d)..        27
      Bycatch reduction................  PL 94-265 Sec 202(h)..        29
      Canada
        Reciprocal fisheries agreement   PL 95-6 Sec 5.........        70
         with the United States.
      Congressional oversight..........  PL 94-265 Sec 203.....        30
      Deep Seabed Hard Mineral           PL 96-283 Sec 202.....        98
       Resources Act.
      Driftnet fishing.................  PL 94-265 Sec 206(d)..        43
      Exclusive economic zone..........  PL 94-265 Sec 202(c)..        27
      Fishery conservation in the        PL 103-206 Sec 703....       114
       central Bering Sea.
      Fishery Conservation Zone          PL 95-6 Sec 2.........        67
       Transition Act.
      Governing
        Estonia........................  PL 102-587 Sec 1001...       116
        European Economic Community....  PL 98-623 Title I.....       123
        German Democratic Republic.....  PL 100-350 Sec 1......       120
        Iceland........................  PL 98-623 Title I.....       123
        Japan..........................  PL 97-389 Sec 401.....       124
                                         PL 97-389 Sec 402.....       124
                                         PL 100-220 Sec 1001...       121
                                         PL 101-224 Sec 7......       117
        Poland.........................  PL 105-384 Sec 101....       113
        Portugal.......................  PL 96-561 Sec 145.....       125
        Russian Federation.............  PL 103-206 Sec 701....       114
        South Korea....................  PL 100-66 Sec 1.......       122
        Soviet Union...................  PL 100-629 Sec 1......       118
        Spain..........................  PL 97-389 Sec 401.....       124
                                         PL 97-389 Sec 402.....       124
      Highly migratory species.........  PL 94-265 Sec 202(e)..        27
      Import prohibitions..............  PL 94-265 Sec 205.....        41
    International fishery agreements--
     Continued
      Magnuson-Stevens Fishery           PL 94-265 Title II....        17
       Conservation and Management Act.
      Negotiations.....................  PL 94-265 Sec 202(a)..        26
      Nonrecognition...................  PL 94-265 Sec 202(f)..        28
      Russian Federation
        Fishery conservation in the      PL 103-206 Sec 703....       114
         central Bering Sea.
        Fishing in the Bering Sea......  PL 104-297 Sec 105(g).        62
      Soviet Union
        North Pacific and Bering Sea     PL 100-629 Sec 5......       118
         Fisheries Advisory Body.
        Vessel identification equipment  PL 100-629 Sec 6......       119
         use.
      Treaty renegotiation.............  PL 94-265 Sec 202(b)..        26
      Union of Soviet Socialist          PL 94-265 Sec 202(g)..        29
       Republics.
    International Forestry Cooperation
      Administrative provisions........  PL 101-513 Sec 609....       492
      Appropriations authorization.....  PL 101-513 Sec 610....       492
      Institute of Tropical Forestry...  PL 101-513 Sec 604....       492
      Tropical deforestation plan......  PL 101-513 Sec 603....       491
    International Forestry Cooperation   PL 101-513............       490
     Act of 1990.
      Forestry and natural resource      PL 101-513 Sec 602....       491
       assistance.
    International Security and           PL 99-83..............       755
     Development Cooperation Act of
     1985.
      Airport security techniques for    PL 99-83 Sec 557......       756
       detecting explosives.
      Civil Aviation Organization        PL 99-83 Sec 554......       755
       standards enforcement.
      Foreign air transportation         PL 99-83 Sec 551......       755
       security standards.
      Hijacking TWA Flight 847 and       PL 99-83 Sec 558......       756
       other acts of terrorism, sense
       of Congress.
      International civil aviation       PL 99-83 Sec 555......       756
       boycott of countries supporting
       terrorism.
    International Space Station
      Commercialization................  PL 105-303 Sec 101....       785
      Contingency plan.................  PL 106-391 Sec 201....       761
      Cost limitation..................  PL 106-391 Sec 202....       762
      Peaceful uses....................  PL 101-611 Sec 123....       779
                                         PL 102-195 Sec 10.....       773
      Research.........................  PL 106-391 Sec 203....       764
      Research utilization and           PL 106-391 Sec 205....       765
       commercialization management.
    Interparliamentary groups
      Appropriations, permanent........  PL 100-202 Sec 303....       835
      British-American
       Interparliamentary Group
        Appointment of members.........  PL 102-138 Sec 168(b).       838
        Chair and Vice Chair...........  PL 102-138 Sec 168(c).       838
        Establishment..................  PL 102-138 Sec 168(a).       838
        Expenditures...................  PL 102-138 Sec 168(e).       839
        Funding........................  PL 102-138 Sec 168(d).       839
        Meetings.......................  PL 102-138 Sec 168(a).       838
        Report.........................  PL 102-138 Sec 168(f).       839
      Canada-United States               PL 86-42..............       843
       Interparliamentary Group.
        Appropriations authorization...  PL 86-42 Sec 2........       844
        Expenditures...................  PL 86-42 Sec 4........       844
        Report.........................  PL 86-42 Sec 3........       844
      Conference on Security and
       Cooperation in Europe
        U.S. delegation................  PL 102-138 Sec 169....       839
      House interparliamentary groups
        Travel abroad reporting          PL 86-628 Sec 105.....       825
         requirements.
    Interparliamentary groups--
     Continued
      Legislative Branch Appropriation
       Act of 1961
        House interparliamentary groups  PL 86-628 Sec 105.....       825
         travel abroad reporting
         requirements.
      Mexico-United States               PL 86-420.............       841
       Interparliamentary Group.
        Appropriations authorization...  PL 86-420 Sec 2.......       842
        Expenditures...................  PL 86-420 Sec 4.......       842
        Report.........................  PL 86-420 Sec 3.......       842
      United States-Europe groups
        Appropriations authorization...  PL 98-164 Sec 109.....       836
      United States Group of the NATO    PL 84-689.............       845
       Parliamentary Assembly.
        Appropriations authorization...  PL 84-689 Sec 2.......       846
                                         PL 84-689 Sec 5.......       847
        Expenditures...................  PL 84-689 Sec 4.......       846
        Report.........................  PL 84-689 Sec 3.......       846
    Interparliamentary Union
      Designation of Senate delegates..  PL 85-474.............       833
      Interparliamentary groups
        Permanent appropriations.......  PL 100-202 Sec 303....       835
        United States-Europe groups,     PL 98-164 Sec 109.....       836
         appropriations authorization.
      Participation authorization......  PL 74-170 Sec 2503....       831
    Intervention on the High Seas Act..  PL 93-248.............       152
      Appropriate measures               PL 93-248 Sec 8.......       154
       determination.
      Authorities......................  PL 93-248 Sec 5.......       153
                                         PL 93-248 Sec 6.......       154
                                         PL 93-248 Sec 7.......       154
                                         PL 93-248 Sec 9.......       154
      Compensation of damages..........  PL 93-248 Sec 10......       154
      Definitions......................  PL 93-248 Sec 2.......       152
      Experts..........................  PL 93-248 Sec 13......       155
      Hazardous substances               PL 93-248 Sec 4.......       153
       determination.
      Imminent threat of material        PL 93-248 Sec 3.......       153
       damage.
      Interpretation in relation to      PL 93-248 Sec 15......       156
       other international laws.
      Noncommercial service ships......  PL 93-248 Sec 14......       156
      Notifications....................  PL 93-248 Sec 11......       155
      Oil Spill Liability Trust Fund     PL 93-248 Sec 17......       156
       availability.
      Rules and regulations............  PL 93-248 Sec 16......       156
      Violations.......................  PL 93-248 Sec 12......       155
    Iran claims settlement.............  PL 99-93..............       900
      Bloc settlement..................  PL 99-93 Sec 503......       901
      Confidentiality of records.......  PL 99-93 Sec 505......       901
      Deductions from arbitral awards..  PL 99-93 Sec 502......       901
      Receipt and determination of       PL 99-93 Sec 501......       900
       claims.
      Reimbursement to the Federal       PL 99-93 Sec 504......       901
       Reserve Bank of New York.
    Israel
      Energy research and development    PL 109-58 Sec 986.....       395
       cooperation.
    Italy
      International claims settlement
        Appropriations authorization...  PL 81-455 Sec 315.....       878
        Certification..................  PL 81-455 Sec 308.....       875
        Claims.........................  PL 81-455 Sec 311.....       877
          Against foreign governments..  PL 81-455 Sec 313.....       878
          Amounts......................  PL 81-455 Sec 307.....       875
          Claimants....................  PL 81-455 Sec 207.....       861
          Funds........................  PL 81-455 Sec 309.....       875
          Validity.....................  PL 81-455 Sec 304.....       872
        Definitions....................  PL 81-455 Sec 301.....       870
        Finality of Commission actions.  PL 81-455 Sec 314.....       878
        Funds creation.................  PL 81-455 Sec 302.....       871
    Italy--Continued
      International claims settlement--
       Continued
        Payments.......................  PL 81-455 Sec 306.....       874
                                         PL 81-455 Sec 310.....       875
                                         PL 81-455 Sec 317.....       878
        Settlement period..............  PL 81-455 Sec 316.....       878
        Violations.....................  PL 81-455 Sec 312.....       878

                                        J

    Japan
      Governing international fishery    PL 97-389 Sec 401.....       124
       agreements.
                                         PL 97-389 Sec 402.....       124
                                         PL 100-220 Sec 1001...       121
                                         PL 101-224 Sec 7......       117
    Japanese Imperial Government         PL 106-567............      1309
     Disclosure Act of 2000.
      Designation......................  PL 106-567 Sec 802....      1309
      Disclosure of records requirement  PL 106-567 Sec 803....      1310
      Expedited processing of requests   PL 106-567 Sec 804....      1311
       for records.
    Joint Intelligence Community         PL 80-253 Sec 101A....      1197
     Council.

                                        K

    Kosova Liberation Army, report.....  PL 106-120 Sec 312....      1210

                                        L

    Lake Champlain
      U.S.-Canada oil spill cooperation  PL 101-380 Sec 3003...       127
    Land conservation
      Alaska National Interests Land
       Conservation Act
        Wildlife resources and impact    PL 96-487 Sec 1005....       465
         of oil spills in Arctic Ocean.
    Latin America
      Energy integration, report.......  PL 109-58 Sec 1807....       399
    Law of the Sea. See also Maritime
     legislation
      Contiguous zone of the United      Proc 7219.............       111
       States.
      Deep Seabed Hard Mineral           PL 96-283.............        72
       Resources Act.
      Exclusive economic zone of the     Proc 5030.............       108
       United States.
      Fishery Conservation Amendments    PL 101-627............        63
       of 1990.
      Fishery Conservation Zone          PL 95-6...............        66
       Transition Act.
      Governing international fishery
       agreements
        Estonia........................  PL 102-587 Sec 1001...       116
        European Economic Community....  PL 98-623 Title I.....       123
        German Democratic Republic.....  PL 100-350 Sec 1......       120
        Iceland........................  PL 98-623 Title I.....       123
        Japan..........................  PL 97-389 Sec 401.....       124
                                         PL 97-389 Sec 402.....       124
                                         PL 100-220 Sec 1001...       121
                                         PL 101-224 Sec 7......       117
        Poland.........................  PL 105-384............       113
        Portugal.......................  PL 96-561 Sec 145.....       125
    Law of the Sea--Continued
      Governing international fishery
       agreements--Continued
        Russian Federation.............  PL 103-206............       114
        South Korea....................  PL 100-66 Sec 1.......       122
        Soviet Union...................  PL 100-629............       118
        Spain..........................  PL 97-389 Sec 401.....       124
                                         PL 97-389 Sec 402.....       124
      Magnuson-Stevens Fishery           PL 94-265.............         5
       Conservation and Management Act.
        Fishery monitoring and research  PL 94-265 Title IV....         6
        Fishery resources rights and     PL 94-265 Title I.....        16
         authority.
        Foreign fishing and              PL 94-265 Title II....        17
         international fishing
         agreements.
      Marine Turtle Conservation Act of  PL 108-266............        47
       2004.
      Shark Finning Prohibition Act....  PL 106-557............        53
      Sustainable Fisheries Act........  PL 104-297............        61
      Territorial Sea of the United      Proc 5928.............       110
       States.
      Yukon River Salmon Act of 2000...  PL 106-450............        56
    Legislative Branch Appropriation
     Act of 1961
      House interparliamentary groups    PL 86-628 Sec 105.....       825
       travel abroad reporting
       requirements.
    Local currency availability........  PL 83-665 Sec 502.....       827
    Lockerbie, Scotland
      Compensation for victims of        PL 101-604 Sec 211....       752
       terrorism.
      State Department assessment of     PL 101-604 Sec 209....       752
       experience.
    Logan Act..........................  PL 80-772.............      1226

                                        M

    Magnuson-Stevens Fishery             PL 94-265.............         5
     Conservation and Management Act.
      Driftnet fishing.................  PL 94-265 Sec 206.....        42
        Certification..................  PL 94-265 Sec 206(f)..        45
        Definition.....................  PL 94-265 Sec 206(h)..        46
        Findings.......................  PL 94-265 Sec 206(b)..        43
        International agreements.......  PL 94-265 Sec 206(d)..        43
        Policy.........................  PL 94-265 Sec 206(c)..        43
        Report.........................  PL 94-265 Sec 206(e)..        45
        Sovereign rights...............  PL 94-265 Sec 206(g)..        45
      Fishery monitoring and research
        Appropriations authorization...  PL 94-265 Sec 4.......        16
        Definitions....................  PL 94-265 Sec 3.......         9
        Findings.......................  PL 94-265 Sec 2(a)....         6
        Policy.........................  PL 94-265 Sec 2(c)....         9
        Purposes.......................  PL 94-265 Sec 2(b)....         7
      Fishery resources rights and
       authority
        Highly migratory species.......  PL 94-265 Sec 102.....        16
                                         PL 94-265 Sec 103.....        17
        U.S. sovereign rights to         PL 94-265 Sec 101.....        16
         fishery management authority.
      Foreign fishing
        Allocation of allowable level..  PL 94-265 Sec 201.....        20
        Exclusive economic zone........  PL 94-265 Sec 201(a)..        17
        Existing agreements............  PL 94-265 Sec 201(b)..        17
        Full observer coverage program.  PL 94-265 Sec 201(h)..        24
        Governing agreements...........  PL 94-265 Sec 201(c)..        17
        Preliminary management plans...  PL 94-265 Sec 201(g)..        23
        Reciprocity....................  PL 94-265 Sec 201(f)..        23
        Recreational fishing...........  PL 94-265 Sec 201(i)..        26
      Foreign fishing permits
        Applications...................  PL 94-265 Sec 204(b)..        32
        Exclusive economic zone........  PL 94-265 Sec 204(a)..        32
        Pacific Insular Areas..........  PL 94-265 Sec 204(e)..        38
    Magnuson-Stevens Fishery
     Conservation and Management Act--
     Continued
      Foreign fishing permits--
       Continued
        Registration...................  PL 94-265 Sec 204(c)..        36
        Transshipment..................  PL 94-265 Sec 204(d)..        37
      International fishery agreements
        Boundary negotiations..........  PL 94-265 Sec 202(d)..        27
        Bycatch reduction..............  PL 94-265 Sec 202(h)..        29
        Congressional oversight........  PL 94-265 Sec 203.....        30
        Exclusive economic zone........  PL 94-265 Sec 202(c)..        27
        Highly migratory species.......  PL 94-265 Sec 202(e)..        27
        Import prohibitions............  PL 94-265 Sec 205.....        41
        Negotiations...................  PL 94-265 Sec 202(a)..        26
        Nonrecognition.................  PL 94-265 Sec 202(f)..        28
        Treaty renegotiation...........  PL 94-265 Sec 202(b)..        26
        Union of Soviet Socialist        PL 94-265 Sec 202(g)..        29
         Republics agreement.
    Management of Compacts with the      EO 12569..............      1152
     Republic of the Marshall Islands,
     the Federated States of Micronesia
     and the Republic of Palau.
      Cooperation......................  EO 12569 Sec 5........      1154
      Delegation.......................  EO 12569 Sec 6........      1154
                                         EO 12569 Sec 7........      1154
      Interagency Group................  EO 12569 Sec 3........      1153
      Representatives..................  EO 12569 Sec 4........      1154
      Responsibilities.................  EO 12569 Sec 1........      1152
                                         EO 12569 Sec 2........      1152
      Savings..........................  EO 12569 Sec 8........      1155
      Supersession.....................  EO 12569 Sec 8........      1155
    Marine Mammal Protection Act of
     1972
      Large-scale driftnet fishing       PL 102-582 Sec 103....       270
       requirements.
    Marine Mammal Protection Act of      PL 92-522.............       347
     1972.
      Application to other treaties and  PL 92-522 Sec 113.....       369
       conventions.
      Appropriations authorization.....  PL 92-522 Sec 207.....       372
      Commission
        Duties.........................  PL 92-522 Sec 202.....       371
        Establishment of...............  PL 92-522 Sec 201.....       370
        Reports........................  PL 92-522 Sec 204.....       372
      Definitions......................  PL 92-522 Sec 3.......       349
      Exceptions.......................  PL 92-522 Sec 101(e)..       363
                                         PL 92-522 Sec 101(f)..       364
      Findings and declaration of        PL 92-522 Sec 2.......       348
       policy.
      International program............  PL 92-522 Sec 108.....       366
      Moratorium.......................  PL 92-522 Sec 101(a)..       354
      Prohibitions.....................  PL 92-522 Sec 102.....       364
    Marine pollution
      Coral reef protection............  EO 13089..............       157
      Deepwater Port Act of 1974.......  PL 93-627.............       144
      Intervention on the High Seas Act  PL 93-248.............       152
      Oil Pollution Act of 1990........  PL 101-380 Title III..       126
      Pollution from ships.............  PL 96-478.............       128
    Marine Turtle Conservation Act of    PL 108-266............        47
     2004.
      Advisory group...................  PL 108-266 Sec 6......        51
      Appropriations authorization.....  PL 108-266 Sec 7......        52
      Definitions......................  PL 108-266 Sec 3......        48
      Financial assistance.............  PL 108-266 Sec 4......        49
      Findings.........................  PL 108-266 Sec 2(a)...        47
      Marine Turtle Conservation Fund..  PL 108-266 Sec 5......        50
      Purposes.........................  PL 108-266 Sec 2(b)...        48
      Report...........................  PL 108-266 Sec 8......        52
    Maritime legislation. See also Law
     of the Sea
      American Fisheries Promotion Act.  PL 96-561.............       325
      Antarctic Marine Living Resources  PL 98-623.............       314
       Convention Act of 1984.
    Maritime legislation--Continued
      Dolphins
        Dolphin Protection Consumer      PL 101-627............       251
         Information Act.
        International Dolphin            PL 102-523............       250
         Conservation Act of 1992.
        International Dolphin            PL 92-522.............       236
         Conservation Program.
        International Dolphin            PL 105-42.............       248
         Conservation Program Act.
      Driftnet fishing
        Driftnet impact monitoring,      PL 100-220............       276
         assessment, and control.
        High Seas Driftnet Fisheries     PL 102-582............       266
         Enforcement Act.
      Endangered Species Act of 1973...  PL 93-205.............       327
      Fisheries Act of 1995............  PL 104-43.............       209
      Fishermen's Protective Act of      PL 83-680.............       374
       1967.
      Marine Mammal Protection Act of    PL 92-522.............       347
       1972.
      Marine pollution
        Coral reef protection..........  EO 13089..............       157
        Deepwater Port Act of 1974.....  PL 93-627.............       144
        Intervention on the High Seas    PL 93-248.............       152
         Act.
        Oil Pollution Act of 1990......  PL 101-380 Title III..       126
        Pollution from ships...........  PL 96-478.............       128
      Nonindigenous Aquatic Nuisance     PL 101-646............       280
       Prevention and Control Act of
       1990.
      North Pacific Anadromous Stocks    PL 102-567............       257
       Act of 1992.
      R.M.S. Titanic Maritime Memorial   PL 99-513.............       292
       Act of 1986.
      Salmon
        Atlantic Salmon Convention Act   PL 97-389.............       306
         of 1982.
        Pacific Salmon Treaty Act of     PL 99-5...............       295
         1985.
      Sea turtle conservation..........  PL 101-162............       282
      Tuna Conventions
        Atlantic Tunas Convention Act    PL 96-339.............       190
         of 1975, appropriation
         authorization.
        Atlantic Tunas Convention Act    PL 94-70..............       194
         of 1975.
        Eastern Pacific Ocean Tuna       PL 98-445.............       185
         Licensing Act of 1984.
        Pacific Albacore Tuna Treaty...  PL 108-219............       170
        South Pacific Tuna Act of 1988.  PL 100-330............       172
        Tuna Conventions Act of 1950...  PL 81-764.............       160
      Whales
        Whaling Convention Act of 1949.  PL 81-676.............       285
        Wildlife Sanctuary for Humpback  PL 99-630.............       284
         Whales.
    MARPOL Protocol. See Pollution from
     ships
    Marshall Islands. See Republic of
     the Marshall Islands
    Masaryk, Tomas G.
      Czech Republic Memorial Honoring
       Tomas G. Masaryk
        Authority to establish.........  PL 107-61 Sec 1.......      1321
        Limitation on payment of         PL 107-61 Sec 2.......      1321
         expenses.
    Mexico
      Air quality monitoring and         PL 101-549 Sec 815....       665
       improvement along U.S.-Mexico
       border.
      Deepwater port negotiations......  PL 93-627 Sec 22......       150
    Mexico-United States                 PL 86-420.............       841
     Interparliamentary Group.
      Appropriations authorization.....  PL 86-420 Sec 2.......       842
      Certification of expenditures....  PL 86-420 Sec 4.......       842
      Report...........................  PL 86-420 Sec 3.......       842
    Micronesia. See Federated States of
     Micronesia
    Micronesian Claims Act of 1971.....  PL 92-39..............       910
      Appropriations authorization.....  PL 92-39 Sec 102......       911
                                         PL 92-39 Sec 105......       914
                                         PL 92-39 Sec 202......       915
      Commission authority.............  PL 92-39 Sec 104......       913
                                         PL 92-39 Sec 201......       915
      Micronesian Claims Commission      PL 92-39 Sec 103......       912
       establishment.
      Payments.........................  PL 92-39 Sec 106......       914
      Purpose..........................  PL 92-39 Sec 101......       911
      Remaining funds..................  PL 92-39 Sec 203......       915
    Migratory birds
      Neotropical Migratory Bird
       Conservation Act
        Appropriations authorization...  PL 106-247 Sec 10.....       539
        Cooperation....................  PL 106-247 Sec 7......       538
        Definitions....................  PL 106-247 Sec 4......       536
        Duties of the Secretary........  PL 106-247 Sec 6......       537
        Financial assistance...........  PL 106-247 Sec 5......       536
        Findings.......................  PL 106-247 Sec 2......       535
        Neotropical Migratory Bird       PL 106-247 Sec 9......       538
         Conservation Account.
        Purposes.......................  PL 106-247 Sec 3......       535
        Report.........................  PL 106-247 Sec 8......       538
      Protection by Federal agencies...  EO 13186..............       540
        Application and judicial review  EO 13186 Sec 5........       544
        Council for the Conservation of  EO 13186 Sec 4........       543
         Migratory Birds.
        Definitions....................  EO 13186 Sec 2........       540
        Federal agency responsibilities  EO 13186 Sec 3........       541
        Policy.........................  EO 13186 Sec 1........       540
    Minerals, hard. See Deep Seabed
     Hard Mineral Resources Act
    Missing in action. See Soldiers
     missing in action
    Mussels. See Nonindigenous Aquatic
     Nuisance Prevention and Control
     Act of 1990
    Mutual Security Act of 1954
      Local currency availability......  PL 83-665 Sec 502.....       827

                                        N

    Narcotics
      Department of State international  PL 104-66 Sec 1112....      1219
       narcotics control.
    NASA. See National aeronautics and
     space acts
    National Aeronautics and Space Act   PL 85-568.............       759
     of 1958.
      International cooperation........  PL 85-568 Sec 205.....       759
      Upper atmospheric research
        Definitions....................  PL 85-568 Sec 402.....       759
        International cooperation......  PL 85-568 Sec 404.....       760
        Program authorized.............  PL 85-568 Sec 403.....       760
        Purpose and policy.............  PL 85-568 Sec 401.....       759
    National Aeronautics and Space       PL 100-685............       780
     Administration Authorization Act,
     FY 1989.
      Authorization....................  PL 100-685 Sec 201....       780
      Findings.........................  PL 100-685 Sec 101....       780
      International space docking        PL 100-685 Sec 210....       781
       capability.
      National Space Council
        Establishment..................  PL 100-685 Sec 501....       782
      Space settlements
        International cooperation......  PL 100-685 Sec 217....       781
        Remote sensors system..........  PL 100-685 Sec 410....       781
        Sense of Congress..............  PL 100-685 Sec 411....       782
    National Aeronautics and Space       PL 101-611............       774
     Administration Authorization Act,
     FY 1991.
      Appropriations authorization.....  PL 101-611 Sec 103....       775
      Definition.......................  PL 101-611 Sec 127....       779
      Findings.........................  PL 101-611 Sec 101....       774
      International cooperation in       PL 101-611 Sec 114....       776
       planetary exploration, study.
      National Civil Remote-Sensing      PL 101-611 Sec 126....       779
       Advisory Committee.
      National Space Council             PL 101-611 Sec 108....       775
       authorization.
      Peaceful uses of space station...  PL 101-611 Sec 123....       779
      Policy...........................  PL 101-611 Sec 102....       774
      Space debris.....................  PL 101-611 Sec 118....       778
      Space shuttle use policy.........  PL 101-611 Sec 112....       776
    National Aeronautics and Space       PL 102-195............       772
     Administration Authorization Act,
     FY 1992.
      Appropriations authorization.....  PL 102-195 Sec 4......       772
      Findings.........................  PL 102-195 Sec 2......       772
      National Space Council             PL 102-195 Sec 14.....       773
       authorization.
      Peaceful uses of space station...  PL 102-195 Sec 10.....       773
      Policy...........................  PL 102-195 Sec 3......       772
    National Aeronautics and Space       PL 102-588............       766
     Administration Authorization Act,
     FY 1993.
      Appropriations authorization
        Earth Observing System.........  PL 102-588 Sec 102(g).       767
        Findings.......................  PL 102-588 Sec 101....       766
        Research and development.......  PL 102-588 Sec 102(a).       767
      Biomedical research
        Appropriations authorization...  PL 102-588 Sec 608....       771
        Emergency medical service        PL 102-588 Sec 607....       770
         telemedicine capability.
        Findings.......................  PL 102-588 Sec 601....       770
      Cooperation with the former        PL 102-588 Sec 218....       769
       Soviet Union.
      National Space Council             PL 102-588 Sec 212....       768
       authorization.
      Space Agency Forum on              PL 102-588 Sec 215....       768
       International Space Year.
    National Aeronautics and Space
     Administration Authorization Act
     of 1988
      Intergovernmental Agreement......  PL 100-147 Sec 112....       783
      International cooperation........  PL 100-147 Sec 106....       783
    National Aeronautics and Space       PL 106-391............       761
     Administration Authorization Act
     of 2000.
      International Space Station
        Contingency plan...............  PL 106-391 Sec 201....       761
        Cost limitation................  PL 106-391 Sec 202....       762
        Research.......................  PL 106-391 Sec 203....       764
        Research utilization and         PL 106-391 Sec 205....       765
         commercialization management.
    National Civil Remote-Sensing        PL 101-611 Sec 126....       779
     Advisory Committee.
    National Communications System
      Establishment....................  EO 12472 Sec 1(a).....      1264
      Executive Agent..................  EO 12472 Sec 1(e).....      1265
      Manager..........................  EO 12472 Sec 1(g).....      1266
      Mission..........................  EO 12472 Sec 1(b).....      1264
                                         EO 12472 Sec 1(c).....      1264
                                         EO 12472 Sec 1(d).....      1265
      Principals.......................  EO 12472 Sec 1(f).....      1266
    National Science and Technology      EO 12881..............       804
     Council.
      Administration...................  EO 12881 Sec 5........       805
      Establishment....................  EO 12881 Sec 1........       804
      Functions........................  EO 12881 Sec 4........       805
      Meetings of the Council..........  EO 12881 Sec 3........       804
      Membership.......................  EO 12881 Sec 2........       804
    National Science Foundation Act of
     1950
      International cooperation and      PL 81-507 Sec 13......       757
       coordination with foreign policy.
    National security. See also David
     L. Boren National Security
     Education Act of 1991; National
     Security Act of 1947; National
     security and emergency
     preparedness telecommunications
     functions; National security
     emergency preparedness
     responsibilities
      Federal Government research on     PL 108-487 Sec 375....      1215
       security evaluations
       coordination.
      Review of international energy     PL 109-58 Sec 1837(b).       400
       requirements.
    National Security Act of 1947        PL 80-253.............      1190
      Applicability to intelligence      PL 80-253 Sec 1101....      1209
       activities of Federal laws
       implementing international
       treaties and agreements.
      Congressional declaration of       PL 80-253 Sec 2.......      1191
       purpose.
      Definitions......................  PL 80-253 Sec 3.......      1191
      Diplomatic intelligence support    PL 80-253 Sec 115.....      1201
       centers limitation.
      Intelligence activities
       accountability
        Congressional oversight          PL 80-253 Sec 501.....      1202
         provisions.
        Funding........................  PL 80-253 Sec 504.....      1206
        Notice to Congress of transfer   PL 80-253 Sec 505.....      1208
         of defense articles and
         services.
        Presidential approval and        PL 80-253 Sec 503.....      1204
         reporting of covert actions.
        Reporting of activities other    PL 80-253 Sec 502.....      1203
         than covert actions.
      Joint Intelligence Community       PL 80-253 Sec 101A....      1197
       Council.
      National Security Council........  PL 80-253 Sec 101.....      1193
        Reports
          National security strategy...  PL 80-253 Sec 108.....      1198
          Intelligence.................  PL 80-253 Sec 109.....      1199
      Restrictions on intelligence       PL 80-253 Sec 112.....      1200
       sharing with the United Nations.
    National security and emergency      EO 12472..............      1264
     preparedness telecommunications
     functions.
        Assignment of responsibilities   EO 12472 Sec 3........      1269
         to other departments and
         agencies.
        Executive Office                 EO 12472 Sec 2........      1267
         responsibilities.
        General provisions.............  EO 12472 Sec 4........      1272
        National Communications System.  EO 12472 Sec 1........      1264
    National Security Council
      Board............................  PL 80-253 Sec 101(g)..      1195
      Chairman.........................  PL 80-253 Sec 101(e)..      1194
      Committee on Foreign Intelligence  PL 80-253 Sec 101(h)..      1195
      Committee on Transnational         PL 80-253 Sec 101(i)..      1196
       Threats.
      Director of National Intelligence  PL 80-253 Sec 101(j)..      1196
      Establishment, presiding officer,  PL 80-253 Sec 101(a)..      1193
       functions, composition.
      Executive secretary..............  PL 80-253 Sec 101(c)..      1194
      Functions........................  PL 80-253 Sec 101(b)..      1194
      Principal adviser................  PL 80-253 Sec 101(f)..      1194
      Recommendations and reports......  PL 80-253 Sec 101(d)..      1194
      Sense of Congress................  PL 80-253 Sec 101(k)..      1197
    National Security Education Board
      Composition......................  PL 102-183 Sec 803(b).      1244
      Establishment....................  PL 102-183 Sec 803(a).      1244
      Functions........................  PL 102-183 Sec 803(d).      1244
      Term of appointees...............  PL 102-183 Sec 803(c).      1244
    National Security Education Trust
     Fund
      Amounts credited to Fund.........  PL 102-183 Sec 804(e).      1247
      Authority to sell obligations....  PL 102-183 Sec 804(d).      1246
      Availability of sums.............  PL 102-183 Sec 804(b).      1246
      Establishment....................  PL 102-183 Sec 804(a).      1246
      Investment of assets.............  PL 102-183 Sec 804(c).      1246
    National security emergency          EO 12656..............      1274
     preparedness responsibilities.
    National security emergency
     preparedness responsibilities--
     Continued
      Continuity of Government.........  EO 12656 Sec 202......      1278
      Department of Commerce
        Lead responsibilities..........  EO 12656 Sec 401......      1280
        Support responsibilities.......  EO 12656 Sec 402......      1281
      Department of Defense
        Lead responsibilities..........  EO 12656 Sec 501......      1281
        Support responsibilities.......  EO 12656 Sec 502......      1283
      Department of State
        Lead responsibilities..........  EO 12656 Sec 1301.....      1284
        Support responsibilities.......  EO 12656 Sec 1302.....      1285
      Federal benefit, insurance and     EO 12656 Sec 205......      1279
       loan programs.
      General provisions...............  EO 12656 Sec 201......      1277
      Interagency coordination.........  EO 12656 Sec 105......      1276
      Management.......................  EO 12656 Sec 104......      1275
      Policy...........................  EO 12656 Sec 101......      1274
      Protection of essential resources  EO 12656 Sec 204......      1279
       and facilities.
      Purpose..........................  EO 12656 Sec 102......      1275
      Redelegation.....................  EO 12656 Sec 207......      1279
      Research.........................  EO 12656 Sec 206......      1279
      Resource management..............  EO 12656 Sec 203......      1278
      Retention of existing authority..  EO 12656 Sec 209......      1280
      Scope............................  EO 12656 Sec 103......      1275
      Transfer of functions............  EO 12656 Sec 208......      1279
      United States Information Agency
        Lead responsibilities..........  EO 12656 Sec 2501.....      1285
        Support responsibilities.......  EO 12656 Sec 2502.....      1285
    National Space Council.............  EO 12675..............       801
      Administrative provisions........  EO 12675 Sec 7........       802
      Appropriations authorization,      PL 101-611 Sec 108....       775
       1991.
      Appropriations authorization,      PL 102-195 Sec 14.....       773
       1992.
      Authorization....................  PL 102-588 Sec 212....       768
      Composition......................  EO 12675 Sec 1........       801
      Establishment....................  EO 12675 Sec 1........       801
                                         PL 100-685 Sec 501....       782
      Functions........................  EO 12675 Sec 2........       801
      Policy planning process..........  EO 12675 Sec 4........       802
      Report...........................  EO 12675 Sec 8........       803
      Responsibilities of the Chairman.  EO 12675 Sec 3........       802
    National Space Council
     Authorization Act of 1990
      Appropriations authorization.....  PL 101-328 Sec 2......       796
      Review of launch industry........  PL 101-328 Sec 5......       796
    NATO. See North Atlantic Treaty
     Organization
    Natural resources. See
     Environmental issues
    Nazi War Crimes Disclosure Act.....  PL 105-246............      1292
      Disclosure of records............  PL 105-246 Sec 3......      1293
      Expedited processing of Freedom    PL 105-246 Sec 4......      1295
       of Information Act requests.
      Nazi War Criminal Records          PL 105-246 Sec 2......      1292
       Interagency Working Group.
    Nazi war crimes records............  PL 104-309 Sec 1......      1296
      Findings.........................  PL 104-309 Sec 1......      1296
      Sense of Congress................  PL 104-309 Sec 2......      1297
    Neotropical Migratory Bird           PL 106-247............       535
     Conservation Act.
      Appropriations authorization.....  PL 106-247 Sec 10.....       539
      Cooperation......................  PL 106-247 Sec 7......       538
      Definitions......................  PL 106-247 Sec 4......       536
      Duties of the Secretary..........  PL 106-247 Sec 6......       537
      Financial assistance.............  PL 106-247 Sec 5......       536
      Findings.........................  PL 106-247 Sec 2......       535
      Neotropical Migratory Bird         PL 106-247 Sec 9......       538
       Conservation Account.
      Purposes.........................  PL 106-247 Sec 3......       535
    Neotropical Migratory Bird
     Conservation Act--Continued
      Report...........................  PL 106-247 Sec 8......       538
    Neutrality Act of 1939.............  Pub. Res. 76-54.......      1180
      American Red Cross...............  Pub. Res. 76-54 Sec 4.      1181
      American republics...............  Pub. Res. 76-54 Sec 9.      1183
      Appropriations authorization.....  Pub. Res. 76-54 Sec 18      1186
      Definitions......................  Pub. Res. 76-54 Sec 16      1185
      Financial transactions...........  Pub. Res. 76-54 Sec 7.      1182
      Penalty provision................  Pub. Res. 76-54 Sec 15      1185
      Proclamation of a state of war     Pub. Res. 76-54 Sec 1.      1180
       between foreign states.
      Regulations......................  Pub. Res. 76-54 Sec 13      1184
      Repeals..........................  Pub. Res. 76-54 Sec 19      1186
      Restrictions on use of American    Pub. Res. 76-54 Sec 10      1183
       ports.
      Separability of provisions.......  Pub. Res. 76-54 Sec 17      1185
      Solicitation and collection of     Pub. Res. 76-54 Sec 8.      1182
       funds and contributions.
      Submarines and armed merchant      Pub. Res. 76-54 Sec 11      1184
       vessels.
      Travel on vessels of belligerent   Pub. Res. 76-54 Sec 5.      1181
       states.
      Unlawful use of the American flag  Pub. Res. 76-54 Sec 14      1185
    Non-governmental organizations
      International Financial
       Institutions Act
        Promotion of institution-        PL 95-118 Sec 1616....       618
         building for environmental
         issues.
    Nonindigenous Aquatic Nuisance
     Prevention and Control Act of 1990
      Environmental impact analyses....  PL 101-646 Sec 1401...       280
      International cooperation........  PL 101-646 Sec 1206...       280
    North Atlantic Treaty Organization
      United States Group of the NATO    PL 84-689.............       845
       Parliamentary Assembly.
        Appropriations authorization...  PL 84-689 Sec 2.......       846
                                         PL 84-689 Sec 5.......       847
        Certification of expenditures..  PL 84-689 Sec 4.......       846
        Report.........................  PL 84-689 Sec 3.......       846
    North Pacific Anadromous Stocks Act  PL 102-567............       257
     of 1992.
      Administration and enforcement of  PL 102-567 Sec 807....       260
       Convention.
      Advisory Panel...................  PL 102-567 Sec 805....       259
      Commission recommendations.......  PL 102-567 Sec 806....       260
      Cooperation with other agencies..  PL 102-567 Sec 808....       260
      Definitions......................  PL 102-567 Sec 803....       257
      Disposition of property..........  PL 102-567 Sec 813....       265
      Enforcement provisions...........  PL 102-567 Sec 809....       261
      Funding requirements.............  PL 102-567 Sec 812....       265
      Penalties........................  PL 102-567 Sec 811....       263
      Purpose..........................  PL 102-567 Sec 802....       257
      Unlawful activities..............  PL 102-567 Sec 810....       262
      U.S. Commissioners...............  PL 102-567 Sec 804....       258
    Northern Boundary and Transboundary  PL 106-113............       310
     Rivers Restoration and Enhancement
     Fund.
      Northern Fund and Southern Fund..  PL 106-113 Sec 623(a).       310
      Pacific Salmon Treaty............  PL 106-113 Sec 623(d).       313
      Pacific Salmon Treaty              PL 106-113 Sec 623(b).       311
       implementation.
    Northern Mariana Islands. See
     Covenant to Establish a
     Commonwealth of the Northern
     Mariana Islands
    Northwest Atlantic Fisheries         PL 104-43.............       219
     Convention Act of 1995.
      Administrative matters...........  PL 104-43 Sec 209.....       224
      Appropriations authorization.....  PL 104-43 Sec 211.....       225
      Consultative committee...........  PL 104-43 Sec 208.....       224
      Definitions......................  PL 104-43 Sec 210.....       225
      Interagency cooperation..........  PL 104-43 Sec 205.....       222
      Penalties........................  PL 104-43 Sec 207.....       222
    Northwest Atlantic Fisheries
     Convention Act of 1995--Continued
      Prohibited acts..................  PL 104-43 Sec 207.....       222
      Quota allocation practice........  PL 104-43 Sec 213.....       226
      Report...........................  PL 104-43 Sec 212.....       226
      Rulemaking.......................  PL 104-43 Sec 206.....       222
      Scientific advice requests.......  PL 104-43 Sec 203.....       221
      Secretary of State authorities...  PL 104-43 Sec 204.....       222
      U.S. representation..............  PL 104-43 Sec 202.....       220
    Nuclear materials
      Export prohibition to countries    PL 109-58 Sec 632.....       393
       that sponsor terrorism.
      Export restrictions..............  PL 102-486 Sec 903....       401
      Prohibition on U.S. assumption of  PL 109-58 Sec 635.....       393
       liability for foreign incidents.
    Nuclear Waste Policy Act of 1982
      Spent fuel storage and disposal    PL 97-425 Sec 223.....       593
       technical assistance.

                                        O

    Oceans and International
     Environmental and Scientific
     Affairs, Bureau of
      Establishment....................  PL 93-126 Sec 9.......       523
    Oil pipeline, negotiations with      PL 93-153 Sec 301.....       467
     Canada
    Oil Pollution Act of 1990..........  PL 101-380............       126
      International inventory of         PL 101-380 Sec 3004...       127
       removal equipment and personnel.
      International regime               PL 101-380 Sec 3001...       126
       participation, sense of Congress.
      Negotiations with Canada           PL 101-380 Sec 3005...       127
       concerning tug escorts in Puget
       Sound.
      U.S.-Canada Great Lakes oil spill  PL 101-380 Sec 3002...       126
       cooperation.
      U.S.-Canada Lake Champlain oil     PL 101-380 Sec 3003...       127
       spill cooperation.
    Oil Spill Liability Trust Fund,      PL 93-248 Sec 17......       156
     availability
    Omnibus Insular Areas Act of 1992..  PL 102-247............      1088
      Appropriations authorization.....  PL 102-247 Sec 202....      1088
      Definitions......................  PL 102-247 Sec 201....      1088
      Freely Associated State Carrier..  PL 102-247 Sec 303....      1090
      Hazard mitigation................  PL 102-247 Sec 204....      1089
      Insular government purchases.....  PL 102-247 Sec 302....      1089
      Technical assistance.............  PL 102-247 Sec 203....      1089
    Open Markets Support Act of 1992.
     See FREEDOM Support Act of 1992
    Ozone, stratospheric protection,     PL 101-549 Sec 617....       664
     international cooperation

                                        P

    Pacific Albacore Tuna Treaty.......  PL 108-219 Sec 401....       170
    Pacific America
      Asian/Pacific American Heritage
       Month
        Designation and proclamations..  PL 105-225 Sec 102....      1328
    Pacific Islands
      Civil government for the Trust     PL 83-451.............       918
       Territory of the Pacific Islands.
        Appropriations authorization...  PL 83-451 Sec 2.......       919
                                         PL 83-451 Sec 3.......       920
        Authorities....................  PL 83-451 Sec 4.......       920
      Interior Aapropriations for Trust
       Territory of the Pacific Islands
        Assistance to territories......  PL 109-54 Title I.....       922
      Micronesian Claims Act of 1971...  PL 92-39..............       910
    Pacific Islands--Continued
      Micronesian Claims Act of 1971--
       Continued
        Appropriations authorization...  PL 92-39 Sec 102......       911
                                         PL 92-39 Sec 105......       914
                                         PL 92-39 Sec 202......       915
        Commission authority...........  PL 92-39 Sec 104......       913
                                         PL 92-39 Sec 201......       915
        Micronesian Claims Commission    PL 92-39 Sec 103......       912
         establishment.
        Payments.......................  PL 92-39 Sec 106......       914
        Purpose........................  PL 92-39 Sec 101......       911
        Remaining funds................  PL 92-39 Sec 203......       915
      Trust Territory Economic           PL 92-257.............       916
       Development Loan Fund.
        Authorities....................  PL 92-257 Sec 6.......       917
        Financial report...............  PL 92-257 Sec 5.......       917
        Loan amounts...................  PL 92-257 Sec 3.......       916
        Loan period....................  PL 92-257 Sec 2.......       916
        Payments.......................  PL 92-257 Sec 4.......       916
        Purpose........................  PL 92-257 Sec 1.......       916
    Pacific Salmon Treaty Act of 1985..  PL 99-5...............       295
      Administration...................  PL 99-5 Sec 11........       304
      Advisory committee...............  PL 99-5 Sec 10........       303
      Appropriations authorization.....  PL 99-5 Sec 12........       304
      Authority and responsibility.....  PL 99-5 Sec 4.........       300
      Definitions......................  PL 99-5 Sec 2.........       295
      General standards................  PL 99-5 Sec 9.........       303
      Implementation...................  PL 106-113 Sec 623(b).       311
      Interagency cooperation..........  PL 99-5 Sec 5.........       300
      Preemption.......................  PL 99-5 Sec 6.........       301
      Prohibited acts and penalties....  PL 99-5 Sec 8.........       302
      Repealer.........................  PL 99-5 Sec 13........       305
      Rulemaking.......................  PL 99-5 Sec 7.........       301
      Savings..........................  PL 99-5 Sec 14........       305
      Spending authority restriction...  PL 99-5 Sec 15........       305
      U.S. representation..............  PL 99-5 Sec 3.........       296
    Palau. See Republic of Palau
    Parliamentary conferences
      Interparliamentary Union
        Designation of Senate delegates  PL 85-474.............       833
        Participation authorization....  PL 74-170 Sec 2503....       831
    Participation of Taiwan in the       PL 106-137............      1319
     World Health Organization, 1999.
      Findings.........................  PL 106-137 Sec 1(a)...      1319
      Report...........................  PL 106-137 Sec 1(b)...      1320
    Participation of Taiwan in the       PL 107-10.............      1317
     World Health Organization, 2001.
      Findings.........................  PL 107-10 Sec 1(a)....      1317
      Plan.............................  PL 107-10 Sec 1(b)....      1318
      Report...........................  PL 107-10 Sec 1(c)....      1318
    Participation of Taiwan in the       PL 108-28.............      1315
     World Health Organization, 2003.
      Findings.........................  PL 108-28 Sec 1(a)....      1315
      Plan.............................  PL 108-28 Sec 1(b)....      1316
      Report...........................  PL 108-28 Sec 1(c)....      1316
    Patriot Day
      September 11 designation.........  PL 107-89 Sec 1.......      1323
    Permanent Select Committee on        House Rule X Clause 11      1229
     Intelligence, establishment.
    Peru, free and fair elections......  PL 106-186............      1325
    Pesticide Monitoring Improvements    PL 100-418 Sec 4703...       672
     Act of 1988, foreign information.
    Poland
      Environmental initiatives........  PL 101-179 Sec 502....       501
      Environmental problems, report...  PL 101-179 Sec 703....       503
      Governing international fishery    PL 105-384 Sec 101....       113
       agreement.
    Pollution
      Rio Grande Pollution Correction
       Act of 1987
        Agreements.....................  PL 100-465 Sec 2......       589
        Appropriations authorization...  PL 100-465 Sec 5......       590
        Environmental Protection Agency  PL 100-465 Sec 4......       590
         Administrator consultation.
        Secretary of State authority to  PL 100-465 Sec 3......       590
         plan, construct, operate and
         maintain facilities.
    Pollution from ships...............  PL 96-478.............       128
      Actions against violators........  PL 96-478 Sec 11......       141
      Amendment acceptance.............  PL 96-478 Sec 10......       141
      Authorities......................  PL 96-478 Sec 15......       142
      Certificate issuance.............  PL 96-478 Sec 5.......       134
      Compliance by excluded vessels...  PL 96-478 Sec 3(e)....       132
      Definitions......................  PL 96-478 Sec 2.......       128
      Discharges in special areas......  PL 96-478 Sec 3(c)....       130
      Enforcement of...................  PL 96-478 Sec 4.......       133
      Incident reporting...............  PL 96-478 Sec 7.......       137
      Reception facility adequacy......  PL 96-478 Sec 6.......       135
      Ships applicable to..............  PL 96-478 Sec 3(a)....       129
                                         PL 96-478 Sec 3(b)....       130
                                         PL 96-478 Sec 3(d)....       131
      Standards applicable to excluded   PL 96-478 Sec 3(g)....       133
       ships.
      Violations.......................  PL 96-478 Sec 8.......       137
                                         PL 96-478 Sec 9.......       139
      Waiver authority.................  PL 96-478 Sec 3(f)....       132
    Ports. See Deepwater Port Act of
     1974
    Portugal
      Governing international fishery    PL 96-561 Sec 145.....       125
       agreements.
    Preventing the Elimination of        PL 107-74 Sec 1.......      1225
     Certain Reports.
    Private correspondence with foreign
     governments
      Logan Act........................  PL 80-772.............      1226
    Proclamations
      Asian/Pacific American Heritage    PL 105-225 Sec 102....      1328
       Month.
      Captive Nations Week.............  PL 86-90..............      1326
      Designating September 11 as        PL 107-89 Sec 1.......      1323
       Patriot Day.
      Peru free and fair elections.....  PL 106-186............      1325
    Puget Sound
      Negotiations with Canada           PL 101-380 Sec 3005...       127
       concerning tug escorts.

                                        R

    Regional Emerging Diseases
     Intervention Center
      Authorization....................  PL 109-140............       525
    Renewable energy
      Data system......................  PL 102-486 Sec 1209...       402
      Export technology training.......  PL 102-486 Sec 1203...       402
      Innovative technology transfer     PL 102-486 Sec 1211...       404
       program.
      Outreach.........................  PL 102-486 Sec 1210...       403
      Production incentive.............  PL 102-486 Sec 1212...       408
      Purposes.........................  PL 102-486 Sec 1201...       402
      Technology evaluation............  PL 102-486 Sec 1209...       402
    Reporting requirements
      Continuation of Reports            PL 106-113............      1222
       Terminated by the Federal
       Reports Elimination and Sunset
       Act of 1995.
                                         PL 106-113 Sec 209....      1222
      Federal Reports Elimination and    PL 104-66.............      1218
       Sunset Act of 1995.
    Reporting requirements--Continued
      Federal Reports Elimination and
       Sunset Act of 1995--Continued
        Department of Commerce.........  PL 104-66 Sec 1021....      1218
        Department of State............  PL 104-66 Sec 1111....      1219
                                         PL 104-66 Sec 1112....      1219
        Termination of reporting         PL 104-66 Sec 3003....      1219
         requirements.
        United States Information        PL 104-66 Sec 2241....      1219
         Agency reports eliminated.
      Preventing the Elimination of
       Certain Reports
        Reports........................  PL 107-74 Sec 1.......      1225
    Reports to Congress
      African Elephant Conservation Act  PL 100-478 Sec 2103...       582
      Air quality monitoring and         PL 101-549 Sec 815(c).       666
       improvement along U.S.-Mexico
       border.
      Atlantic Tunas Convention Act      PL 94-70 Sec 11.......       207
       requirements.
      Atlantic Tunas Convention          PL 104-43 Sec 302(a)..       226
       Authorization Act requirements.
      Aviation security................  49 USC Sec 44938......       734
        Repair station security........  49 USC Sec 44924(g)...       724
        Screening passengers and         49 USC Sec 44901(d)...       689
         property.
      British-American                   PL 102-138 Sec 168(f).       839
       Interparliamentary Group.
      Canada-United States               PL 86-42 Sec 3........       844
       Interparliamentary Group.
      Clean coal technologies..........  PL 101-549 Sec 409....       663
      Compact of Free Association        PL 99-239 Sec 102.....      1053
       agreements with Federated States
       of Micronesia.
      Compact of Free Association        PL 99-239 Sec 103.....      1058
       agreements with the Marshall
       Islands.
      Compacts of Free Association
        Interpretation and policy        PL 108-188 Sec 104....       950
         regarding United States-
         Federated States of Micronesia
         and United States-Republic of
         the Marshall Islands Compacts.
      Compacts of Free Association       PL 99-239 Sec 302.....      1080
       Pacific policy.
      Conference on Security and
       Cooperation in Europe
        U.S. delegation................  PL 102-138 Sec 169(e).       840
      Consultative Commission on         PL 102-486 Sec 3020(e)       433
       Western Hemisphere Energy and
       Environment.
      Covert intelligence activities...  PL 80-253 Sec 503.....      1204
      Cyprus
        Investigation of U.S. citizens   PL 103-372 Sec 1......      1322
         missing since 1974.
      David L. Boren National Security   PL 102-183 Sec 806....      1247
       Education Act provision.
      Deep Seabed Hard Mineral           PL 96-283 Sec 309.....       104
       Resources Act requirements.
      Department of Commerce, reports    PL 104-66 Sec 1021....      1218
       eliminated.
      Department of State
        Continuation of Reports          PL 106-113 Sec 209....      1222
         Terminated by the Federal
         Reports Elimination and Sunset
         Act of 1995.
        Reports eliminated.............  PL 104-66 Sec 1111....      1219
      Driftnet fishing.................  PL 94-265 Sec 206(e)..        45
      Driftnet impact monitoring,        PL 100-220 Sec 4007(e)       279
       assessment, and control.
      Eastern hardwoods study..........  PL 101-382 Sec 498(b).       670
      Energy
        Clean coal technology export     PL 102-486 Sec 1331(f)       412
         promotion.
    Reports to Congress--Continued
      Energy--Continued
        Innovative clean coal            PL 102-486 Sec 1332(k)       417
         technology transfer program.
        Innovative environmental         PL 102-486 Sec 1608(l)       427
         technology transfer program.
        Innovative renewable energy      PL 102-486 Sec 1211(k)       407
         technology transfer program.
        Integration with Latin America.  PL 109-58 Sec 1807....       399
        Petroleum supply interruptions.  PL 97-229 Sec 6.......       435
        Research and development         PL 109-58 Sec 986.....       395
         cooperation with Israel.
      Environmental issues
        Enterprise for the Americas      PL 83-480 Sec 614.....       512
         Environmental Fund.
        Foreign Operations, Export       PL 101-513 Sec 533....       487
         Financing, and Related
         Programs Appropriations Act,
         1991.
        Foreign Operations, Export       PL 108-9 Sec 555(b)...       482
         Financing, and Related
         Programs Appropriations Act,
         2004.
        Global Change Research Plan....  PL 101-606 Sec 107....       661
        Global climate change..........  PL 102-486 Sec 1601...       418
        Global climate protection......  PL 100-204 Sec 1104...       675
        Global warming initiative......  PL 101-167 Sec 534(c).       495
        Problems in Poland and Hungary.  PL 101-179 Sec 703....       503
        Trade-related barriers to        PL 101-240 Sec 734(b).       624
         export of greenhouse gas
         intensity reducing
         technologies.
      Foreign agents registration......  PL 75-583 Sec 11......      1175
      Foreign pesticide information....  PL 100-418 Sec 4703(d)       673
      FREEDOM Support Act..............  PL 102-511 Sec 603....       799
      Good Neighbor Environmental Board  PL 102-532 Sec 6......       504
      Greenhouse gases
        Intensity reducing strategies..  PL 102-486 Sec 1610(f)       430
        Intensity reduction............  PL 101-240 Sec 732....       622
                                         PL 102-486 Sec 1605...       422
      House interparliamentary groups    PL 86-628 Sec 105.....       825
       travel abroad.
      Inspector General Act of 1978      PL 95-452 Sec 5.......      1253
       provisions.
      Intelligence.....................  PL 80-253 Sec 109.....      1199
      Intelligence activities other      PL 80-253 Sec 502.....      1203
       than covert actions.
      International cooperation to       PL 100-530 Sec 2......       578
       protect biological diversity.
      International Dolphin              PL 92-522 Sec 305.....       243
       Conservation Program.
      International organizations and
       conferences
        Requirements relating to funds   PL 99-415 Sec 7.......       834
         for.
      International Space Station        PL 106-391 Sec 201(a).       761
       Russian status.
      Kosova Liberation Army...........  PL 106-120 Sec 312....      1210
      Management of Compacts with the    EO 12569 Sec 6........      1154
       Republic of the Marshall
       Islands, the Federated States of
       Micronesia and the Republic of
       Palau.
      Marine Mammal Commission.........  PL 92-522 Sec 204.....       372
      Marine Turtle Conservation Act     PL 108-266 Sec 8......        52
       programs.
      Mexico-United States               PL 86-420 Sec 3.......       842
       Interparliamentary Group.
      Multilateral development bank      PL 95-118 Sec 1703....       619
       loans effect on environment,
       public health and indigenous
       people.
      National security review of        PL 109-58 Sec 1837(b).       400
       international energy
       requirements.
    Reports to Congress--Continued
      National security strategy.......  PL 80-253 Sec 108.....      1198
      National Space Council...........  EO 12675 Sec 8........       803
      Neotropical Migratory Bird         PL 106-247 Sec 8......       538
       Conservation Act.
      Northwest Atlantic Fisheries       PL 104-43 Sec 212.....       226
       Convention Act requirements.
      Nuclear export restrictions......  PL 102-486 Sec 903(b).       401
      Oil spill cooperation between the
       United States and Canada
        Great Lakes....................  PL 101-380 Sec 3002(c)       126
        Lake Champlain.................  PL 101-380 Sec 3003(c)       127
      Preventing the Elimination of      PL 107-74 Sec 1.......      1225
       Certain Reports.
      Regional Emerging Diseases         PL 109-140............       525
       Intervention Center
       authorization.
      Secretary of State
        Soldiers missing in action.....  PL 106-89 Sec 3.......      1314
      Shark Finning Prohibition Act      PL 106-557 Sec 6......        54
       requirements.
      Space Agency Forum on              PL 102-588 Sec 215(b).       769
       International Space Year.
      Space cooperation with the former  PL 102-588 Sec 218(a).       769
       Soviet Union.
      Space exploration
        International cooperation in     PL 101-611 Sec 114(d).       778
         planetary exploration, study.
      Space Shuttle privatization......  PL 105-303 Sec 204(c).       791
      Taiwan
        Participation in the World       PL 106-137 Sec 1(b)...      1320
         Health Organization, 1999.
        Participation in the World       PL 107-10 Sec 1(c)....      1318
         Health Organization, 2001.
        Participation in the World       PL 108-28 Sec 1(c)....      1316
         Health Organization, 2003.
      Termination of reporting           PL 104-66 Sec 3003....      1219
       requirements.
      United States Commission on North  PL 109-58 Sec 1423(f).       398
       American Energy Freedom.
      United States Group of the NATO    PL 84-689 Sec 3.......       846
       Parliamentary Assembly.
      United States Information Agency
        Reports eliminated.............  PL 104-66 Sec 2241....      1219
    Republic of Palau
      Compact of Free Association
       Amendments Act of 2003
        Payment to citizens employed by  PL 108-188 Sec 110....       965
         the U.S. Government.
      Compact of Free Association with   PL 101-219............      1083
       Palau implementation.
        Agreements.....................  PL 101-219 Sec 110....      1085
        Antidrug program...............  PL 101-219 Sec 103....      1084
        Audit certification............  PL 101-219 Sec 106....      1084
        Defense sites acquisition......  PL 101-219 Sec 107....      1085
        Energy assistance funding        PL 101-219 Sec 111....      1086
         modification.
        Entry into force of Compact....  PL 101-219 Sec 101....      1083
        Federal programs coordination    PL 101-219 Sec 108....      1085
         personnel.
        Fiscal procedures assistance...  PL 101-219 Sec 102....      1083
        Public auditor and special       PL 101-219 Sec 104....      1084
         prosecutor.
        Referendum costs...............  PL 101-219 Sec 109....      1085
        Submission of agreements.......  PL 101-219 Sec 112....      1086
        Transition funding.............  PL 101-219 Sec 113....      1087
      Compact of Free Association with
       the Republic of Palau
        Placing into full force and      Proc 6726.............      1159
         effect.
    Republic of Palau--Continued
      Management of Compact of Free      EO 12569..............      1152
       Association.
        Cooperation among Executive      EO 12569 Sec 5........      1154
         departments and agencies.
        Delegation to the Secretary of   EO 12569 Sec 6........      1154
         Interior.
        Delegation to the Secretary of   EO 12569 Sec 7........      1154
         State.
        Interagency Group on Freely      EO 12569 Sec 3........      1153
         Associated State Affairs.
        Office of Freely Associated      EO 12569 Sec 3........      1153
         State Affairs.
        Responsibility of the Secretary  EO 12569 Sec 2........      1152
         of Interior.
        Responsibility of the Secretary  EO 12569 Sec 1........      1152
         of State.
        Saving provisions..............  EO 12569 Sec 8........      1155
        Supersession...................  EO 12569 Sec 8........      1155
        U.S. Representatives to the      EO 12569 Sec 4........      1154
         Freely Associated States.
      U.S.-Palau Compact of Free         PL 99-658.............      1093
       Association.
        Administrative provisions......  PL 99-658 Sec 231.....      1114
                                         PL 99-658 Sec 232.....      1114
                                         PL 99-658 Sec 233.....      1115
                                         PL 99-658 Sec 234.....      1115
                                         PL 99-658 Sec 235.....      1115
                                         PL 99-658 Sec 236.....      1115
        Agreement acceptance...........  PL 99-658 Sec 472.....      1128
        Agreements.....................  PL 99-658 Sec 471.....      1128
        Amendment and review...........  PL 99-658 Sec 431.....      1124
                                         PL 99-658 Sec 432.....      1124
        Approval, interpretation and     PL 99-658 Sec 101.....      1094
         policies.
                                         PL 99-658 Sec 411.....      1122
        Authorities and responsibility.  PL 99-658 Sec 352.....      1121
        Communications.................  PL 99-658 Sec 131.....      1103
                                         PL 99-658 Sec 132.....      1104
        Conference and dispute           PL 99-658 Sec 421.....      1122
         resolution.
                                         PL 99-658 Sec 422.....      1123
                                         PL 99-658 Sec 423.....      1123
                                         PL 99-658 Sec 424.....      1123
        Defense sites and operating      PL 99-658 Sec 321.....      1119
         rights.
                                         PL 99-658 Sec 322.....      1119
                                         PL 99-658 Sec 323.....      1120
                                         PL 99-658 Sec 324.....      1120
        Defense treaties and             PL 99-658 Sec 331.....      1120
         international security
         agreements.
        Definition of terms............  PL 99-658 Sec 461.....      1126
                                         PL 99-658 Sec 462.....      1127
        Environmental protection.......  PL 99-658 Sec 161.....      1106
                                         PL 99-658 Sec 162.....      1106
                                         PL 99-658 Sec 163.....      1107
        Extension......................  PL 99-658 Sec 102.....      1096
        Finance and taxation...........  PL 99-658 Sec 251.....      1117
                                         PL 99-658 Sec 252.....      1117
                                         PL 99-658 Sec 253.....      1117
                                         PL 99-658 Sec 254.....      1117
                                         PL 99-658 Sec 255.....      1118
                                         PL 99-658 Sec 256.....      1118
        Foreign affairs................  PL 99-658 Sec 121.....      1101
    Republic of Palau--Continued
      U.S.-Palau Compact of Free
       Association--Continued
        Foreign affairs--Continued
                                         PL 99-658 Sec 122.....      1102
                                         PL 99-658 Sec 123.....      1102
                                         PL 99-658 Sec 124.....      1102
                                         PL 99-658 Sec 125.....      1102
                                         PL 99-658 Sec 126.....      1102
                                         PL 99-658 Sec 127.....      1102
                                         PL 99-658 Sec 128.....      1103
        Grant assistance...............  PL 99-658 Sec 211.....      1110
                                         PL 99-658 Sec 212.....      1112
                                         PL 99-658 Sec 213.....      1112
                                         PL 99-658 Sec 214.....      1112
                                         PL 99-658 Sec 215.....      1112
        Immigration....................  PL 99-658 Sec 141.....      1104
                                         PL 99-658 Sec 142.....      1104
                                         PL 99-658 Sec 143.....      1105
                                         PL 99-658 Sec 144.....      1105
        Joint Committee................  PL 99-658 Sec 351.....      1121
        Jurisdiction...................  PL 99-658 Sec 202.....      1129
        Legal provisions...............  PL 99-658 Sec 171.....      1108
                                         PL 99-658 Sec 172.....      1108
                                         PL 99-658 Sec 173.....      1108
                                         PL 99-658 Sec 174.....      1108
                                         PL 99-658 Sec 175.....      1109
                                         PL 99-658 Sec 176.....      1110
                                         PL 99-658 Sec 177.....      1110
        Preamble.......................  PL 99-658 Sec 201.....      1100
        Program assistance.............  PL 99-658 Sec 221.....      1112
                                         PL 99-658 Sec 222.....      1113
                                         PL 99-658 Sec 223.....      1114
                                         PL 99-658 Sec 224.....      1114
        Representation.................  PL 99-658 Sec 151.....      1105
                                         PL 99-658 Sec 152.....      1105
        Security and defense authority   PL 99-658 Sec 311.....      1119
         and responsibility.
                                         PL 99-658 Sec 312.....      1119
                                         PL 99-658 Sec 313.....      1119
        Self-government................  PL 99-658 Sec 111.....      1101
        Service in the Armed Forces of   PL 99-658 Sec 341.....      1120
         the United States.
                                         PL 99-658 Sec 342.....      1121
        Supplemental provisions........  PL 99-658 Sec 104.....      1096
        Survivability..................  PL 99-658 Sec 451.....      1125
                                         PL 99-658 Sec 452.....      1125
                                         PL 99-658 Sec 453.....      1125
                                         PL 99-658 Sec 454.....      1125
        Termination....................  PL 99-658 Sec 441.....      1124
                                         PL 99-658 Sec 442.....      1124
                                         PL 99-658 Sec 443.....      1124
        Threats to peace and security..  PL 99-658 Sec 353.....      1122
        Trade..........................  PL 99-658 Sec 241.....      1116
                                         PL 99-658 Sec 242.....      1116
                                         PL 99-658 Sec 243.....      1116
    Republic of the Marshall Islands
      Approval of Agreement to Amend     PL 101-62.............      1092
       Governmental Representation
       Provisions of the Compact of
       Free Association.
      Compact of Free Association Act
       of 1985
        Administrative matters.........  PL 99-239 Sec 304.....      1081
        Approval.......................  PL 99-239 Sec 101.....      1048
                                         PL 99-239 Sec 103.....      1054
        Audit agreements implementation  PL 99-239 Sec 110.....      1077
        Compensatory adjustments.......  PL 99-239 Sec 111.....      1077
        Conference.....................  PL 99-239 Sec 303.....      1081
        Construction contract            PL 99-239 Sec 106.....      1075
         assistance.
    Republic of the Marshall Islands--
     Continued
      Compact of Free Association Act
       of 1985--Continued
        Findings.......................  PL 99-239 Sec 301.....      1080
        Interpretation and policy......  PL 99-239 Sec 104.....      1065
        Jurisdiction...................  PL 99-239 Sec 202.....      1079
        Limitations....................  PL 99-239 Sec 107.....      1076
        Payment timing.................  PL 99-239 Sec 109.....      1077
        Reports........................  PL 99-239 Sec 302.....      1080
        Supplemental provisions........  PL 99-239 Sec 105.....      1069
        Tax provisions.................  PL 99-239 Sec 405.....      1081
                                         PL 99-239 Sec 407.....      1082
        Transitional immigration rules.  PL 99-239 Sec 108.....      1077
      Compact of Free Association        PL 108-188............       926
       Amendments Act of 2003.
        Accountability.................  PL 108-188 Sec 213....      1023
        Administrative provisions......  PL 108-188 Sec 231....      1028
                                         PL 108-188 Sec 232....      1028
                                         PL 108-188 Sec 233....      1028
                                         PL 108-188 Sec 234....      1028
        Agreement acceptance...........  PL 108-188 Sec 471....      1045
        Agreements.....................  PL 108-188 Sec 103....       934
                                         PL 108-188 Sec 354....      1036
        Amendment......................  PL 108-188 Sec 431....      1039
        Annual grant assistance........  PL 108-188 Sec 211....      1020
        Annual grant funding...........  PL 108-188 Sec 217....      1025
        Appropriations authorization...  PL 108-188 Sec 109....       964
        Approval.......................  PL 108-188 Sec 101....       929
                                         PL 108-188 Sec 411....      1037
        Authorities and responsibility.  PL 108-188 Sec 352....      1036
        Carry-over of unused funds.....  PL 108-188 Sec 219....      1026
        Communications.................  PL 108-188 Sec 131....      1007
                                         PL 108-188 Sec 132....      1008
        Compensatory adjustments.......  PL 108-188 Sec 108....       963
        Conference and dispute           PL 108-188 Sec 421....      1038
         resolution.
                                         PL 108-188 Sec 422....      1038
                                         PL 108-188 Sec 423....      1038
                                         PL 108-188 Sec 424....      1038
        Construction contract            PL 108-188 Sec 106....       962
         assistance.
        Defense facilities and           PL 108-188 Sec 321....      1034
         operating rights.
                                         PL 108-188 Sec 322....      1034
                                         PL 108-188 Sec 323....      1034
        Defense treaties and             PL 108-188 Sec 331....      1034
         international security
         agreements.
        Definition of terms............  PL 108-188 Sec 461....      1042
                                         PL 108-188 Sec 462....      1044
                                         PL 108-188 Sec 463....      1045
        Environmental protection.......  PL 108-188 Sec 161....      1012
                                         PL 108-188 Sec 162....      1014
                                         PL 108-188 Sec 163....      1015
        Finance and taxation...........  PL 108-188 Sec 251....      1030
                                         PL 108-188 Sec 252....      1030
                                         PL 108-188 Sec 253....      1031
                                         PL 108-188 Sec 254....      1031
                                         PL 108-188 Sec 255....      1031
        Foreign affairs................  PL 108-188 Sec 121....      1006
                                         PL 108-188 Sec 122....      1006
                                         PL 108-188 Sec 123....      1007
                                         PL 108-188 Sec 124....      1007
                                         PL 108-188 Sec 125....      1007
                                         PL 108-188 Sec 126....      1007
                                         PL 108-188 Sec 127....      1007
        Immigration....................  PL 108-188 Sec 141....      1008
                                         PL 108-188 Sec 142....      1011
                                         PL 108-188 Sec 143....      1011
        Inflation adjustment...........  PL 108-188 Sec 218....      1026
    Republic of the Marshall Islands--
     Continued
      Compact of Free Association
       Amendments Act of 2003--
       Continued
        Interpretation and policy        PL 108-188 Sec 104....       944
         regarding Compact.
        Joint Committee................  PL 108-188 Sec 351....      1035
        Joint Economic Management and    PL 108-188 Sec 214....      1024
         Financial Accountability
         Committee.
        Kwajalein impact and use.......  PL 108-188 Sec 212....      1023
        Legal provisions...............  PL 108-188 Sec 171....      1016
                                         PL 108-188 Sec 172....      1016
                                         PL 108-188 Sec 173....      1016
                                         PL 108-188 Sec 174....      1016
                                         PL 108-188 Sec 175....      1017
                                         PL 108-188 Sec 176....      1018
                                         PL 108-188 Sec 177....      1018
                                         PL 108-188 Sec 178....      1019
                                         PL 108-188 Sec 179....      1019
        Payment to citizens employed by  PL 108-188 Sec 110....       965
         the U.S. Government.
        Preamble.......................  PL 108-188 Sec 472....      1004
        Prohibition....................  PL 108-188 Sec 107....       963
        Report.........................  PL 108-188 Sec 215....      1024
        Representation.................  PL 108-188 Sec 151....      1012
                                         PL 108-188 Sec 152....      1012
        Security and defense authority   PL 108-188 Sec 311....      1032
         and responsibility.
                                         PL 108-188 Sec 312....      1032
                                         PL 108-188 Sec 313....      1032
                                         PL 108-188 Sec 314....      1032
                                         PL 108-188 Sec 315....      1033
                                         PL 108-188 Sec 316....      1033
        Self-government................  PL 108-188 Sec 111....      1006
        Service in Armed Forces of the   PL 108-188 Sec 341....      1035
         United States.
                                         PL 108-188 Sec 342....      1035
        Services and program assistance  PL 108-188 Sec 221....      1026
                                         PL 108-188 Sec 222....      1027
                                         PL 108-188 Sec 223....      1027
                                         PL 108-188 Sec 224....      1027
        Supplemental provisions........  PL 108-188 Sec 105....       951
        Survivability..................  PL 108-188 Sec 451....      1040
                                         PL 108-188 Sec 452....      1040
                                         PL 108-188 Sec 453....      1041
                                         PL 108-188 Sec 454....      1042
        Termination....................  PL 108-188 Sec 441....      1039
                                         PL 108-188 Sec 442....      1039
                                         PL 108-188 Sec 443....      1040
        Threats to peace and security..  PL 108-188 Sec 353....      1036
        Trade..........................  PL 108-188 Sec 241....      1029
                                         PL 108-188 Sec 242....      1029
                                         PL 108-188 Sec 243....      1030
                                         PL 108-188 Sec 244....      1030
        Trust Fund.....................  PL 108-188 Sec 216....      1024
                                         PL 108-188 Sec 217....      1025
      Implementation of the Compact of   Proc 5564.............      1156
       Free Association, 1986.
      Management of Compact............  EO 12569..............      1152
        Cooperation among Executive      EO 12569 Sec 5........      1154
         departments and agencies.
        Delegation to the Secretary of   EO 12569 Sec 6........      1154
         Interior.
        Delegation to the Secretary of   EO 12569 Sec 7........      1154
         State.
        Interagency Group on Freely      EO 12569 Sec 3........      1153
         Associated State Affairs.
        Office of Freely Associated      EO 12569 Sec 3........      1153
         State Affairs.
    Republic of the Marshall Islands--
     Continued
      Management of Compact--Continued
        Responsibility of the Secretary  EO 12569 Sec 1........      1152
         of State.
        Responsibility of the Secretary  EO 12569 Sec 2........      1152
         of Interior.
        Saving provisions..............  EO 12569 Sec 8........      1154
        Supersession...................  EO 12569 Sec 8........      1155
        U.S. Representatives to the      EO 12569 Sec 4........      1154
         Freely Associated States.
    Resolution Establishing a Select     S. Res. 400...........      1227
     Committee on Intelligence.
    Rhinoceros and Tiger Conservation    PL 103-391............       552
     Act of 1994.
      Acceptance and use of donations..  PL 103-391 Sec 6......       555
      Advisory group...................  PL 103-391 Sec 9......       557
      Appropriations authorization.....  PL 103-391 Sec 10.....       557
      Assistance.......................  PL 103-391 Sec 5......       554
      Definitions......................  PL 103-391 Sec 4......       553
      Educational outreach program.....  PL 103-391 Sec 8......       556
      Findings.........................  PL 103-391 Sec 2......       552
      Prohibition on sale, importation   PL 103-391 Sec 7......       556
       or exportation of products.
      Purposes.........................  PL 103-391 Sec 3......       553
    Rhinoceros and Tiger Conservation
     Act of 1998
      Findings.........................  PL 105-312............       550
    Rio Grande American Canal Extension  PL 101-438............       575
     Act of 1990.
      Appropriations authorization.....  PL 101-438 Sec 5......       577
      Construction of canal extension,   PL 101-438 Sec 3......       575
       operation, maintenance and use.
      Definitions......................  PL 101-438 Sec 6......       577
      Findings.........................  PL 101-438 Sec 2......       575
      Subsidence damage study..........  PL 101-438 Sec 4......       577
    Rio Grande Pollution Correction Act  PL 100-465............       589
     of 1987.
      Agreements.......................  PL 100-465 Sec 2......       589
      Appropriations authorization.....  PL 100-465 Sec 5......       590
      Environmental Protection Agency    PL 100-465 Sec 4......       590
       Administrator consultation.
      Secretary of State authority to    PL 100-465 Sec 3......       590
       plan, construct, operate and
       maintain facilities.
    R.M.S. Titanic Maritime Memorial     PL 99-513.............       292
     Act of 1986.
      Commendation.....................  PL 99-513 Sec 4.......       293
      Conduct of future activities,      PL 99-513 Sec 7.......       294
       sense of Congress.
      Definitions......................  PL 99-513 Sec 3.......       293
      Extraterritorial sovereignty       PL 99-513 Sec 8.......       294
       disclaimer.
      Findings.........................  PL 99-513 Sec 2(a)....       292
      International agreement..........  PL 99-513 Sec 6.......       293
      International guidelines.........  PL 99-513 Sec 5.......       293
      Purpose..........................  PL 99-513 Sec 2(b)....       292
    Romania
      International claims settlement
        Appropriations authorization...  PL 81-455 Sec 315.....       878
        Certification..................  PL 81-455 Sec 203.....       860
                                         PL 81-455 Sec 308.....       875
        Claims.........................  PL 81-455 Sec 311.....       877
          Against foreign governments..  PL 81-455 Sec 313.....       878
          Amounts......................  PL 81-455 Sec 307.....       875
          Claimants....................  PL 81-455 Sec 207.....       861
          Funds........................  PL 81-455 Sec 309.....       875
          Validity.....................  PL 81-455 Sec 303.....       872
        Definitions....................  PL 81-455 Sec 201.....       859
                                         PL 81-455 Sec 301.....       870
        Designated officer or agency...  PL 81-455 Sec 209.....       867
        Finality of Commission actions.  PL 81-455 Sec 314.....       878
    Romania--Continued
      International claims settlement--
       Continued
        Funds creation.................  PL 81-455 Sec 302.....       871
        Jurisdiction...................  PL 81-455 Sec 206.....       861
        Liability......................  PL 81-455 Sec 205.....       861
        Liens..........................  PL 81-455 Sec 214.....       869
        Liquidation....................  PL 81-455 Sec 213.....       868
        Payments.......................  PL 81-455 Sec 208.....       863
                                         PL 81-455 Sec 306.....       874
                                         PL 81-455 Sec 310.....       875
                                         PL 81-455 Sec 317.....       878
        Recording conveyances..........  PL 81-455 Sec 204.....       861
        Returns........................  PL 81-455 Sec 211.....       867
        Settlement period..............  PL 81-455 Sec 316.....       878
        Suits..........................  PL 81-455 Sec 211.....       867
        Trading With the Enemy Act       PL 81-455 Sec 216.....       869
         provisions.
        Vested property................  PL 81-455 Sec 202.....       859
        Vesting officers or agencies...  PL 81-455 Sec 212.....       867
        Violations.....................  PL 81-455 Sec 215.....       869
                                         PL 81-455 Sec 312.....       878
    Russia
      FREEDOM Support Act
        American Business Centers......  PL 102-511 Sec 301....       497
        Independent states definition..  PL 102-511 Sec 3......       497
      International Space Station        PL 106-391 Sec 201....       761
       status.
    Russian Federation
      Governing international fishery
       agreements
        Agreement......................  PL 103-206 Sec 701....       114
        Fishery conservation in the      PL 103-206 Sec 703....       114
         central Bering Sea.
    Ryukyu Claims Settlement Act. See
     Claims settlements

                                        S

    Salmon
      Atlantic Salmon Convention Act of  PL 97-389.............       306
       1982.
      Pacific Salmon Treaty Act of 1985  PL 99-5...............       295
      Yukon River Salmon Act of 1995...  PL 104-43.............       231
        Administrative matters.........  PL 104-43 Sec 709.....       234
        Advisory Committee.............  PL 104-43 Sec 705.....       233
        Appropriations authorization...  PL 104-43 Sec 710.....       234
        Authority and responsibility...  PL 104-43 Sec 707.....       234
        Continuation of agreement......  PL 104-43 Sec 708.....       234
        Definitions....................  PL 104-43 Sec 703.....       232
        Exemption......................  PL 104-43 Sec 706.....       233
        Panel..........................  PL 104-43 Sec 704.....       232
        Purposes.......................  PL 104-43 Sec 702.....       232
      Yukon River Salmon Act of 2000...  PL 106-450............        56
        Administrative matters.........  PL 106-450 Sec 206....        59
        Advisory committee.............  PL 106-450 Sec 203....        58
        Appropriations authorization...  PL 106-450 Sec 208....        59
        Authority and responsibility...  PL 106-450 Sec 205....        58
        Exemption......................  PL 106-450 Sec 204....        58
        Stock restoration and            PL 106-450 Sec 207....        59
         enhancement projects.
        Yukon River Salmon Panel.......  PL 106-450 Sec 202....        56
    Sea turtle conservation
      Negotiation of international       PL 101-162 Sec 609....       282
       agreements.
    Secretary of Commerce
      Atlantic Salmon Convention Act     PL 97-389 Sec 305.....       307
       authority.
      Fishermen's Protective Act         PL 83-680 Sec 8.......       380
       authority.
      Whaling Convention Act             PL 81-676 Sec 12......       290
       authorities.
    Secretary of State
      Atlantic Salmon Convention Act     PL 97-389 Sec 304.....       307
       authority.
      Atlantic Tunas Convention Act of   PL 94-70 Sec 5........       198
       1975 authority.
      Eastern Pacific Ocean Tuna         PL 98-445 Sec 4.......       186
       Licensing Act of 1984 authority.
      Environmental enhancement          EO 11742..............       524
       international agreements
       negotiation.
      Fishermen's Protective Act         PL 83-680 Sec 5.......       377
       authority.
                                         PL 83-680 Sec 12......       388
      Foreign Relations Authorization
       Act, FY 1979
        Diplomacy responsibilities.....  PL 95-426 Sec 504.....       521
      Management of Compacts with the    EO 12569 Sec 1........      1152
       Republic of the Marshall
       Islands, the Federated States of
       Micronesia and the Republic of
       Palau.
      Northwest Atlantic Fisheries       PL 104-43 Sec 204.....       222
       Convention Act of 1995
       authorities.
      Pacific Salmon Treaty Act          PL 99-5 Sec 4.........       300
       authority.
      Rio Grande pollution correction    PL 100-465 Sec 3......       590
       authority.
      Soldiers missing in action,        PL 106-89 Sec 3.......      1314
       reports.
      South Pacific Tuna Act of 1988     PL 100-330 Sec 19.....       183
       authority.
      Whaling Convention Act authority.  PL 81-676 Sec 4.......       286
    Secretary of Interior
      Management of Compacts with the    EO 12569 Sec 2........      1152
       Republic of the Marshall
       Islands, the Federated States of
       Micronesia and the Republic of
       Palau.
                                         EO 12569 Sec 6........      1154
    Secretary of State
      Agricultural Trade Development     EO 13345 Sec 2........       517
       and Assistance Act foreign
       affairs functions.
      Management of Compacts with the    EO 12569 Sec 7........      1154
       Republic of the Marshall
       Islands, the Federated States of
       Micronesia and the Republic of
       Palau.
    Secretary of Treasury
      Agricultural Trade Development     EO 13345 Sec 1........       516
       and Assistance Act foreign
       affairs functions.
    Security. See Aviation security;
     National security
    SEED Act. See Support for East
     European Democracy Act of 1989
    Select Committee on Intelligence
      Establishment....................  S. Res. 400 Sec 2.....      1227
      Reports..........................  S. Res. 400 Sec 4.....      1228
    September 11 Designated as Patriot   PL 107-89 Sec 1.......      1323
     Day.
    Set America Free Act of 2005
      North American energy freedom      PL 109-58 Sec 1424....       399
       policy.
      Purpose..........................  PL 109-58 Sec 1422....       396
      United States Commission on North  PL 109-58 Sec 1423....       396
       American Energy Freedom.
    Shark Finning Prohibition Act......  PL 106-557............        53
      Appropriations authorization.....  PL 106-557 Sec 10.....        55
      International negotiations.......  PL 106-557 Sec 5......        53
      Purpose..........................  PL 106-557 Sec 2......        53
      Regulations......................  PL 106-557 Sec 4......        53
      Report...........................  PL 106-557 Sec 6......        54
      Research.........................  PL 106-557 Sec 7......        54
      Shark-finning defined............  PL 106-557 Sec 9......        55
      Western Pacific longline           PL 106-557 Sec 8......        55
       fisheries cooperative research
       program.
    Soldiers missing in action
      Zachary Baumel...................  PL 106-89.............      1314
    Soldiers missing in action--
     Continued
      Zachary Baumel--Continued
        Actions with respect to missing  PL 106-89 Sec 2.......      1313
         soldiers.
        Findings.......................  PL 106-89 Sec 1.......      1313
        Reports........................  PL 106-89 Sec 3.......      1314
    South Korea
      Governing international fishery    PL 100-66 Sec 1.......       122
       agreements.
    South Pacific Tuna Act of 1988.....  PL 100-330............       172
      Agreement to arrangements........  PL 100-330 Sec 18.....       183
      Application to other laws........  PL 100-330 Sec 3......       173
      Appropriations authorization.....  PL 100-330 Sec 20.....       183
      Arbitration......................  PL 100-330 Sec 16.....       182
      Civil penalties..................  PL 100-330 Sec 8......       176
      Closed area stowage requirements.  PL 100-330 Sec 13.....       181
      Criminal offenses................  PL 100-330 Sec 7......       176
      Definitions......................  PL 100-330 Sec 2......       172
      Disposition of fees, penalties     PL 100-330 Sec 17.....       183
       and forfeitures.
      Enforcement......................  PL 100-330 Sec 10.....       179
      Exceptions.......................  PL 100-330 Sec 6......       175
      Findings by the Secretary........  PL 100-330 Sec 11.....       180
      Licenses.........................  PL 100-330 Sec 9......       177
      Observers........................  PL 100-330 Sec 14.....       182
      Prohibited acts..................  PL 100-330 Sec 5......       174
      Regulations......................  PL 100-330 Sec 4......       174
      Reports..........................  PL 100-330 Sec 12.....       181
      Secretary of State authority.....  PL 100-330 Sec 19.....       183
      Technical assistance.............  PL 100-330 Sec 15.....       182
    Southern Boundary Restoration and    PL 106-113............       310
     Enhancement Fund.
      Northern Fund and Southern Fund..  PL 106-113 Sec 623(a).       310
      Pacific Salmon Treaty............  PL 106-113 Sec 623(d).       313
      Pacific Salmon Treaty              PL 106-113 Sec 623(b).       311
       implementation.
    Soviet Union
      Cooperative East-West ventures in  PL 98-562.............       795
       space.
      FREEDOM Support Act of 1992......  PL 102-511............       798
        Acquisition of space hardware,   PL 102-511 Sec 601....       798
         technology and services from
         the former Soviet Union.
        Definitions....................  PL 102-511 Sec 604....       799
        Office of Space Commerce.......  PL 102-511 Sec 602....       798
        Report.........................  PL 102-511 Sec 603....       799
      Governing international fishery
       agreements
        Agreement......................  PL 100-629 Sec 1......       118
        North Pacific and Bering Sea     PL 100-629 Sec 5......       118
         Fisheries Advisory Body.
        Vessel identification equipment  PL 100-629 Sec 6......       119
      International claims settlement
        Appropriations authorization...  PL 81-455 Sec 315.....       878
        Certification..................  PL 81-455 Sec 308.....       875
        Claims.........................  PL 81-455 Sec 311.....       877
          Against foreign governments..  PL 81-455 Sec 313.....       878
          Amounts......................  PL 81-455 Sec 307.....       875
          Claimants....................  PL 81-455 Sec 207.....       861
          Funds........................  PL 81-455 Sec 309.....       875
          Validity.....................  PL 81-455 Sec 305.....       874
        Definitions....................  PL 81-455 Sec 301.....       870
        Finality of Commission actions.  PL 81-455 Sec 314.....       878
        Funds creation.................  PL 81-455 Sec 302.....       871
        Payments.......................  PL 81-455 Sec 306.....       874
                                         PL 81-455 Sec 310.....       875
                                         PL 81-455 Sec 317.....       878
        Settlement period..............  PL 81-455 Sec 316.....       878
        Violations.....................  PL 81-455 Sec 312.....       878
    Space Agency Forum on International
     Space Year
      Report...........................  PL 102-588 Sec 215(b).       769
      Sense of Congress................  PL 102-588 Sec 215(a).       768
    Space program. See also National
     aeronautics and space acts
      Commercial Space Act of 1998.....  PL 105-303............       784
        Commercial Space Centers         PL 105-303 Sec 106....       788
         administration.
        Commercialization of space       PL 105-303 Sec 101....       785
         station.
        Definitions....................  PL 105-303 Sec 2......       784
        Earth science data sources.....  PL 105-303 Sec 107....       788
        Excess intercontinental          PL 105-303 Sec 205....       790
         ballistic missile use.
        Global positioning system        PL 105-303 Sec 104....       787
         standards promotion.
        National launch capability       PL 105-303 Sec 206....       792
         study.
        Shuttle privatization..........  PL 105-303 Sec 204....       790
        Space science data acquisition.  PL 105-303 Sec 105....       787
        Space transportation services
          Acquisition..................  PL 105-303 Sec 202....       790
          Procurement..................  PL 105-303 Sec 201....       789
      Cooperative East-West ventures in  PL 98-562.............       795
       space.
      National Science and Technology
       Council.
        Administration.................  EO 12881 Sec 5........       805
                                         EO 12881..............       804
        Establishment..................  EO 12881 Sec 1........       804
        Functions......................  EO 12881 Sec 4........       805
        Meetings.......................  EO 12881 Sec 3........       804
        Membership.....................  EO 12881 Sec 2........       804
      National Space Council...........  EO 12675..............       801
        Administrative provisions......  EO 12675 Sec 7........       802
        Composition....................  EO 12675 Sec 1........       801
        Establishment..................  EO 12675 Sec 1........       801
        Functions......................  EO 12675 Sec 2........       801
        Policy planning process........  EO 12675 Sec 4........       802
        Report.........................  EO 12675 Sec 8........       803
        Responsibilities of the          EO 12675 Sec 3........       802
         Chairman.
      National Space Council
       Authorization Act of 1990
        Appropriations authorization...  PL 101-328 Sec 2......       796
        Review of launch industry......  PL 101-328 Sec 5......       796
    Space Shuttle
      Privatization....................  PL 105-303 Sec 204....       790
      Use..............................  PL 101-611 Sec 112....       776
    Space station. See International
     space station
    Space trade and cooperation
      FREEDOM Support Act..............  PL 102-511............       798
        Acquisition of space hardware,   PL 102-511 Sec 601....       798
         technology and services from
         the former Soviet Union.
        Definitions....................  PL 102-511 Sec 604....       799
        Office of Space Commerce.......  PL 102-511 Sec 602....       798
        Report.........................  PL 102-511 Sec 603....       799
    Spain
      Governing international fishery    PL 97-389 Sec 401.....       124
       agreements.
                                         PL 97-389 Sec 402.....       124
    State, Department of
      Continuation of Reports            PL 106-113 Sec 209....      1222
       Terminated by the Federal
       Reports Elimination and Sunset
       Act of 1995.
      International narcotics control..  PL 104-66 Sec 1112....      1219
      Limitation on handling, retention  PL 106-567 Sec 309....      1212
       and storage of classified
       materials.
    State, Department of--Continued
      National security emergency
       preparedness responsibilities
        Lead responsibilities..........  EO 12656 Sec 1301.....      1284
        Support responsibilities.......  EO 12656 Sec 1302.....      1285
      Protection of classified           PL 107-306 Sec 832....      1214
       materials policies and
       procedures.
      Reports eliminated...............  PL 104-66 Sec 1111....      1219
      Terrorism affecting aviation
       security of Americans abroad
        Antiterrorism measures.........  PL 101-604 Sec 214....       753
        Disaster training for State      PL 101-604 Sec 206....       750
         Department personnel.
        Family liaison and toll-free     PL 101-604 Sec 205....       750
         family communications system.
        International Civil Aviation     PL 101-604 Sec 215....       754
         Organization consideration of
         proposal.
        Lockerbie experience assessment  PL 101-604 Sec 209....       752
        Notification of families of      PL 101-604 Sec 204....       750
         victims.
        Official recognition...........  PL 101-604 Sec 210....       752
        Overseas security electronic     PL 101-604 Sec 212....       753
         bulletin board.
        Recovery and disposition of      PL 101-604 Sec 208....       751
         remains and personal effects.
        State Department                 PL 101-604 Sec 207....       751
         responsibilities and
         procedures at disaster site.
    Strategic Environmental Research     10 USC................       596
     and Development Program
      Advisory Board...................  10 USC Sec 2904.......       602
      Council..........................  10 USC Sec 2902.......       597
      Establishment....................  10 USC Sec 2901(a)....       596
      Executive Director...............  10 USC Sec 2903.......       601
      Purposes.........................  10 USC Sec 2901(b)....       597
    Strengthening armed vessel of        18 USC Sec 961........      1189
     foreign nation
    Sub-Saharan Africa
      Debt-for-nature exchanges pilot    PL 87-195 Sec 466.....       478
       program.
    Sunset. See Federal Reports
     Elimination and Sunset Act of 1995
    Supplemental Appropriations Act      1954..................
      Availability of funds for field    PL 83-207 Sec 1108....       830
       examination of estimates.
    Support for East European Democracy  PL 101-179............       501
     Act of 1989.
      Environmental initiatives for      PL 101-179 Sec 502....       501
       Poland and Hungary.
      Environmental problems in Poland   PL 101-179 Sec 703....       503
       and Hungary, report.
    Sustainable Fisheries Act..........  PL 104-297............        61
      International fishery agreements
        Atlantic herring transshipment.  PL 104-297 Sec 105(e).        61
        Russian fishing in the Bering    PL 104-297 Sec 105(g).        62
         Sea.
      Magnuson Fishery Conservation and  PL 104-297 Sec 2......        61
       Management Act amendment.

                                        T

    Taiwan
      Participation of Taiwan in the     PL 106-137............      1319
       World Health Organization, 1999.
        Findings.......................  PL 106-137 Sec 1(a)...      1319
        Report.........................  PL 106-137 Sec 1(b)...      1320
      Participation of Taiwan in the     PL 107-10.............      1317
       World Health Organization, 2001.
        Findings.......................  PL 107-10 Sec 1(a)....      1317
        Plan...........................  PL 107-10 Sec 1(b)....      1318
        Report.........................  PL 107-10 Sec 1(c)....      1318
    Taiwan--Continued
      Participation of Taiwan in the     PL 108-28.............      1315
       World Health Organization, 2003.
        Findings.......................  PL 108-28 Sec 1(a)....      1315
        Plan...........................  PL 108-28 Sec 1(b)....      1316
        Report.........................  PL 108-28 Sec 1(c)....      1316
    Telecommunications
      National security and emergency    EO 12472..............      1264
       preparedness telecommunications
       functions.
        Assignment of responsibilities   EO 12472 Sec 3........      1269
         to other departments and
         agencies.
        Executive Office                 EO 12472 Sec 2........      1267
         responsibilities.
        General provisions.............  EO 12472 Sec 4........      1272
        National Communications System.  EO 12472 Sec 1........      1264
    Temporary Emergency Wildfire         PL 100-428............       591
     Suppression Act.
      Definitions......................  PL 100-428 Sec 2......       591
      Funds............................  PL 100-428 Sec 4......       592
      Implementation...................  PL 100-428 Sec 3......       591
    Territorial Sea of the United        Proc 5928.............       110
     States.
    Terrorism
      Aviation security
        Antiterrorism assistance.......  PL 101-604 Sec 213....       753
        Antiterrorism measures.........  PL 101-604 Sec 214....       753
        Compensation for victims of      PL 101-604 Sec 211....       752
         terrorism.
        Coordinator for                  PL 101-604 Sec 202....       750
         Counterterrorism.
        Disaster training for State      PL 101-604 Sec 206....       750
         Department personnel.
        International Civil Aviation     PL 101-604 Sec 215....       754
         Organization consideration of
         proposal.
        International negotiations.....  PL 101-604 Sec 201....       749
        Lockerbie experience assessment  PL 101-604 Sec 209....       752
        Official Department of State     PL 101-604 Sec 210....       752
         recognition.
        Overseas security electronic     PL 101-604 Sec 212....       753
         bulletin board.
        Recovery and disposition of      PL 101-604 Sec 208....       751
         remains and personal effects.
        State Department family liaison  PL 101-604 Sec 205....       750
         and toll-free family
         communications system.
        State Department notification    PL 101-604 Sec 204....       750
         of families of victims.
        State Department                 PL 101-604 Sec 207....       751
         responsibilities and
         procedures at disaster site.
      Civil aviation boycott of          PL 99-83 Sec 555......       756
       countries supporting terrorism.
      Hijacking TWA Flight 847, sense    PL 99-83 Sec 558......       756
       of Congress.
      September 11 designated as         PL 107-89 Sec 1.......      1323
       Patriot Day.
    Tigers. See Rhinoceros and Tiger
     Conservation Act of 1994;
     Rhinoceros and Tiger Conservation
     Act of 1998
    Timber
      Export restriction of unprocessed  PL 101-382 Sec 491....       669
       timber from State and public
       lands.
    Titanic. See R.M.S. Titanic
     Maritime Memorial Act of 1986
    Torture
      U.S. Government opposition to the  PL 98-447.............      1286
       practice of torture.
    Trade Promotion Coordinating
     Committee
      Interagency working group on       PL 102-511 Sec 304....       500
       energy.
    Trading With the Enemy Act
      International claims settlements.  PL 81-455 Sec 216.....       869
    Transnational Threats, Committee on
      Establishment....................  PL 80-253 Sec 101(i)..      1196
    Transshipment agreements
      Atlantic herring.................  PL 104-297 Sec 105(e).        61
    Travel abroad
      Availability of funds for field    PL 83-207 Sec 1108....       830
       examination of estimates.
      House interparliamentary groups
        Reporting requirements.........  PL 86-628 Sec 105.....       825
      Local currency availability......  PL 83-665 Sec 502.....       827
    Tropical Forest Conservation Act     EO 13345 Sec 1........       516
     implementation
      Government appointees to the       EO 13345 Sec 4........       517
       Enterprise for the Americas
       Board.
      Guidance for the performance of    EO 13345 Sec 5........       518
       functions.
      Secretary of State...............  EO 13345 Sec 2........       517
      Secretary of Treasury............  EO 13345 Sec 1........       516
      USAID recommendation.............  EO 13345 Sec 3........       517
    Tropical forests
      Congo Basin Forest Partnership
       Act of 2004
        Appropriations authorization...  PL 108-200 Sec 3......       527
        Findings.......................  PL 108-200 Sec 2......       526
      Foreign Assistance Act of 1961...  PL 87-195 Sec 118.....       470
    Trust Territory Economic             PL 92-257.............       916
     Development Loan Fund.
      Authorities......................  PL 92-257 Sec 6.......       917
      Loan amounts.....................  PL 92-257 Sec 3.......       916
      Loan period......................  PL 92-257 Sec 2.......       916
      Payments.........................  PL 92-257 Sec 4.......       916
      Purpose..........................  PL 92-257 Sec 1.......       916
      Report...........................  PL 92-257 Sec 5.......       917
    Tuna Conventions
      Atlantic Tunas Convention Act of   PL 96-339.............       190
       1975, appropriation
       authorization.
      Atlantic Tunas Convention Act of   PL 94-70..............       194
       1975.
      Eastern Pacific Ocean Tuna         PL 98-445.............       185
       Licensing Act of 1984.
      Pacific Albacore Tuna Treaty.....  PL 108-219............       170
      South Pacific Tuna Act of 1988...  PL 100-330............       172
      Tuna Conventions Act of 1950.....  PL 81-764.............       160
    Tuna Conventions Act of 1950.......  PL 81-764.............       160
      Applicability of provisions......  PL 81-764 Sec 13......       168
      Appropriations authorization.....  PL 81-764 Sec 12......       168
      Authorities......................  PL 81-764 Sec 6.......       163
                                         PL 81-764 Sec 7.......       165
      Bycatch reduction in the eastern   PL 81-764 Sec 15......       168
       tropical Pacific Ocean.
      Commissioners appointment........  PL 81-764 Sec 3.......       161
      Conduct authorized by conventions  PL 81-764 Sec 11......       168
      Definitions......................  PL 81-764 Sec 2.......       160
      Enforcement of provisions........  PL 81-764 Sec 10......       166
      General Advisory Committee.......  PL 81-764 Sec 4.......       161
      Program coordination.............  PL 81-764 Sec 9.......       166
      Scientific Advisory Subcommittee.  PL 81-764 Sec 4.......       161
      Violations.......................  PL 81-764 Sec 8.......       165
    Turtles. See Marine Turtle
     Conservation Act of 2004; Sea
     turtle conservation

                                        U

    Ukraine
      Commission on the Ukraine Famine   PL 99-180.............      1288
       Act.
        Administrative provisions......  PL 99-180 Sec 5.......      1290
        Appropriations authorization...  PL 99-180 Sec 8.......      1291
        Duties.........................  PL 99-180 Sec 3.......      1289
    Ukraine--Continued
      Commission on the Ukraine Famine
       Act--Continued
        Establishment..................  PL 99-180 Sec 1.......      1288
        Membership.....................  PL 99-180 Sec 4.......      1289
        Powers.........................  PL 99-180 Sec 6.......      1290
        Purpose........................  PL 99-180 Sec 2.......      1288
        Termination....................  PL 99-180 Sec 7.......      1291
    UNCED. See United Nations
     Conference on Environment and
     Development
    Union of Soviet Socialist Republics
      Fishery agreements...............  PL 94-265 Sec 202(g)..        29
    United Nations
      Restrictions on intelligence       PL 80-253 Sec 112.....      1200
       sharing.
    United Nations Conference on
     Environment and Development
      U.S. support.....................  PL 102-138 Sec 364....       570
    United Nations Environment Program
     Participation Act of 1973
      Appropriation authorization......  PL 93-188 Sec 3.......       595
      Policy...........................  PL 93-188 Sec 2.......       595
    United States Agency for
     International Development
      Foreign affairs functions          EO 13345 Sec 3........       517
       recommendation.
    United States-Asia Environmental
     Partnership
      Innovative clean coal technology   PL 102-486 Sec 1332(i)       417
       transfer program.
      Innovative environmental           PL 102-486 Sec 1608(j)       427
       technology transfer program.
      Renewable energy technology        PL 102-486 Sec 1211(i)       407
       transfer program.
    United States Commission on North
     American Energy Freedom
      Administrative procedures........  PL 109-58 Sec 1423(g).       398
      Appropriations authorization.....  PL 109-58 Sec 1423(i).       398
      Establishment....................  PL 109-58 Sec 1423(a).       396
      Meetings.........................  PL 109-58 Sec 1423(e).       398
      Membership.......................  PL 109-58 Sec 1423(b).       396
      Report...........................  PL 109-58 Sec 1423(f).       398
      Resources........................  PL 109-58 Sec 1423(c).       397
      Staffing.........................  PL 109-58 Sec 1423(d).       398
      Termination......................  PL 109-58 Sec 1423(h).       398
    United States Enrichment
     Corporation
      Nuclear export restrictions......  PL 102-486 Sec 903....       401
      Severability.....................  PL 102-486 Sec 904....       402
    United States Group of the NATO      PL 84-689.............       845
     Parliamentary Assembly.
      Appropriations authorization.....  PL 84-689 Sec 2.......       846
                                         PL 84-689 Sec 5.......       847
      Certification of expenditures....  PL 84-689 Sec 4.......       846
      Report...........................  PL 84-689 Sec 3.......       846
    United States Information Agency
      National security emergency
       preparedness responsibilities
        Lead responsibilities..........  EO 12656 Sec 2501.....      1285
        Support responsibilities.......  EO 12656 Sec 2502.....      1285
      Reports eliminated...............  PL 104-66 Sec 2241....      1219
    U.S. Government opposition to the    PL 98-447.............      1286
     practice of torture.
    U.S. Holocaust Assets Commission     PL 105-186............      1298
     Act of 1998.
      Administrative support services..  PL 105-186 Sec 6......      1304
      Appropriations authorization.....  PL 105-186 Sec 9......      1304
      Duties...........................  PL 105-186 Sec 3......      1299
      Establishment....................  PL 105-186 Sec 2......      1298
      Personnel matters................  PL 105-186 Sec 5......      1302
    U.S. Holocaust Assets Commission
     Act of 1998--Continued
      Powers...........................  PL 105-186 Sec 4......      1301
      Provisions.......................  PL 105-186 Sec 8......      1304
      Termination......................  PL 105-186 Sec 7......      1304
    USAID. See United States Agency for
     International Development

                                        V

    Vietnam
      International claims settlement
        Application of other provisions  PL 81-455 Sec 715.....       899
        Appropriations authorization...  PL 81-455 Sec 713.....       899
        Assigned claims................  PL 81-455 Sec 707.....       897
        Award payment procedures.......  PL 81-455 Sec 710.....       898
        Certification..................  PL 81-455 Sec 707.....       897
        Claims Fund....................  PL 81-455 Sec 709.....       898
        Consolidated awards............  PL 81-455 Sec 708.....       897
        Corporate claims...............  PL 81-455 Sec 705.....       896
        Definitions....................  PL 81-455 Sec 702.....       895
        Fees for services..............  PL 81-455 Sec 714.....       899
        Offsets........................  PL 81-455 Sec 706.....       897
        Ownership of claims............  PL 81-455 Sec 704.....       896
        Purpose........................  PL 81-455 Sec 701.....       895
        Receipt and determination of     PL 81-455 Sec 703.....       896
         claims.
        Separability...................  PL 81-455 Sec 716.....       899
        Settlement period..............  PL 81-455 Sec 711.....       898
        Transfer of records............  PL 81-455 Sec 712.....       898

                                        W

    War crimes. See Nazi War Crimes
     Disclosure Act; Nazi war crimes
     records
    Western Hemisphere
      Consultative Commission on         PL 102-486 Sec 3020...       432
       Western Hemisphere Energy and
       Environment.
      Energy research and development    PL 109-58 Sec 985.....       394
       cooperation.
    Whales
      Whaling Convention Act of 1949...  PL 81-676.............       285
      Wildlife Sanctuary for Humpback    PL 99-630.............       284
       Whales.
    Whaling Convention Act of 1949.....  PL 81-676.............       285
      Applicability....................  PL 81-676 Sec 15......       291
      Appropriations authorization.....  PL 81-676 Sec 14......       291
      Cooperation with other agencies..  PL 81-676 Sec 10......       290
      Definitions......................  PL 81-676 Sec 2.......       285
      Enforcement......................  PL 81-676 Sec 9.......       288
      Licenses.........................  PL 81-676 Sec 6.......       287
      Penalties........................  PL 81-676 Sec 8.......       288
      Regulations......................  PL 81-676 Sec 13......       290
      Report...........................  PL 81-676 Sec 7.......       288
      Research.........................  PL 81-676 Sec 11......       290
      Secretary of Commerce............  PL 81-676 Sec 12......       290
      Secretary of State...............  PL 81-676 Sec 4.......       286
      U.S. Commissioner................  PL 81-676 Sec 3.......       286
      Violations.......................  PL 81-676 Sec 5.......       286
    WHO. See World Health Organization
    Wild Exotic Bird Conservation Act    PL 102-440............       559
     of 1992.
      Appropriations authorization.....  PL 102-440 Sec 116....       568
      Approved species list............  PL 102-440 Sec 106....       562
      Call for information.............  PL 102-440 Sec 109....       565
      Definitions......................  PL 102-440 Sec 104....       560
      Exemptions.......................  PL 102-440 Sec 112....       566
      Exotic bird conservation           PL 102-440 Sec 114....       567
       assistance.
    Wild Exotic Bird Conservation Act
     of 1992--Continued
      Findings.........................  PL 102-440 Sec 102....       559
      Marking..........................  PL 102-440 Sec 115....       568
      Moratoria for species not covered  PL 102-440 Sec 108....       564
       by Convention.
      Moratoria on imports of exotic     PL 102-440 Sec 105....       561
       birds covered by Convention.
      Penalties and regulations........  PL 102-440 Sec 113....       566
      Petitions........................  PL 102-440 Sec 110....       565
      Prohibited acts..................  PL 102-440 Sec 111....       565
      Qualifying facilities............  PL 102-440 Sec 107....       564
      Recordkeeping....................  PL 102-440 Sec 115....       568
      Relationship to State law........  PL 102-440 Sec 117....       568
      Statement of purpose.............  PL 102-440 Sec 103....       560
    Wildfire protection
      Temporary Emergency Wildfire
       Suppression Act
        Definitions....................  PL 100-428 Sec 2......       591
        Funds..........................  PL 100-428 Sec 4......       592
        Implementation.................  PL 100-428 Sec 3......       591
    Wildlife resources
      Alaska National Interests Land     PL 96-487 Sec 1005....       465
       Conservation Act.
      International wildlife resources   PL 98-164 Sec 704.....       677
       conservation.
    Wildlife Sanctuary for Humpback      PL 99-630.............       284
     Whales.
    World Health Organization
      Participation of Taiwan in the     PL 106-137............      1319
       World Health Organization, 1999.
        Findings.......................  PL 106-137 Sec 1(a)...      1319
        Report.........................  PL 106-137 Sec 1(b)...      1320
      Participation of Taiwan in the     PL 107-10.............      1317
       World Health Organization, 2001.
                                           ....................      1318
        Findings.......................  PL 107-10 Sec 1(a)....      1317
        Plan...........................  PL 107-10 Sec 1(b)....      1318
        Report.........................  PL 107-10 Sec 1(c)....      1318
      Participation of Taiwan in the     PL 108-28.............      1315
       World Health Organization, 2003.
        Findings.......................  PL 108-28 Sec 1(a)....      1315
        Plan...........................  PL 108-28 Sec 1(b)....      1316
        Report.........................  PL 108-28 Sec 1(c)....      1316

                                        Y

    Yugoslav Claims Agreement
      International Claims Settlement    PL 81-455 Sec 8.......       856
       Act of 1949.
      Settlement period................  PL 81-455 Sec 6.......       854
    Yukon River Salmon Act of 1995.....  PL 104-43.............       231
      Administrative matters...........  PL 104-43 Sec 709.....       234
      Advisory Committee...............  PL 104-43 Sec 705.....       233
      Appropriations authorization.....  PL 104-43 Sec 710.....       234
      Authority and responsibility.....  PL 104-43 Sec 707.....       234
      Continuation of agreement........  PL 104-43 Sec 708.....       234
      Definitions......................  PL 104-43 Sec 703.....       232
      Exemption........................  PL 104-43 Sec 706.....       233
      Panel............................  PL 104-43 Sec 704.....       232
      Purposes.........................  PL 104-43 Sec 702.....       232
    Yukon River Salmon Act of 2000.....  PL 106-450............        56
      Administrative matters...........  PL 106-450 Sec 206....        59
      Advisory committee...............  PL 106-450 Sec 203....        58
      Appropriations authorization.....  PL 106-450 Sec 208....        59
      Authority and responsibility.....  PL 106-450 Sec 205....        58
      Exemption........................  PL 106-450 Sec 204....        58

    Yukon River Salmon Act of 2000--
     Continued
      Stock restoration and enhancement  PL 106-450 Sec 207....        59
       projects.
      Yukon River Salmon Panel.........  PL 106-450 Sec 202....        56

                                        Z

    Zebra mussel. See Nonindigenous
     Aquatic Nuisance Prevention and
     Control Act of 1990